Frequently Asked Questions about Italian Citizenship by Descent (Jure Sanguinis)

Considering Italian citizenship? Below are answers to the questions we hear most often from clients. Every case is unique, and recent legal developments have made professional evaluation more important than ever.

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Eligibility & Qualification

Do I Qualify for Italian Citizenship?
Should I Start My Italian Citizenship Application Now or Wait?
How Can a Judge Approve My Case When I Do Not Qualify Under the New Requirements?
How Do Constitutional Challenges Work in Italy?
What Is a 1948 Case, and Does It Apply to Me?
What Is the Minor Issue?
Do I Need to Learn Italian or Meet Residency Requirements for Citizenship by Descent?

Benefits & Family

What Are the Benefits of Italian Citizenship?
Do Italy and the United States Allow Dual Citizenship?
Can My Children and Grandchildren Get Italian Citizenship Too?
Can My Spouse Get Italian Citizenship?

Process & Timelines

How Long Does the Citizenship Process Take?
How Can I Get Italian Citizenship Faster?
Can I Use My Existing Documents for an Italian Citizenship Application?
What If I Cannot Get an Italian Consulate Appointment?
Can Family Members Share an Italian Citizenship Application?

Do I Qualify for Italian Citizenship?

Italian citizenship eligibility depends on your family history, dates of birth, naturalization dates, and how citizenship was transmitted through each generation. While many Americans have Italian ancestry, not everyone qualifies for citizenship by descent.

In 2025, Italy implemented significant citizenship reforms through Law 74/2025, creating new limitations on who can pursue citizenship through descent. In addition, certain cases may involve unique legal issues such as the 1948 Rule, involuntary citizenship, the Minor Issue, adoption, naturalization timing, or lost citizenship claims. Because these factors can dramatically affect eligibility, there is no reliable way to determine qualification based solely on the fact that you have an Italian ancestor.

For a detailed explanation of the current requirements, read: Italy's New Citizenship Law Changes: Law 74/2025 Explained | My Italian Family.

Not sure where to start? Choosing the right citizenship assistance company can be just as important as determining your eligibility. Read our guide to learn what questions to ask, which red flags to avoid, and what level of support you should expect throughout the process: How to Choose an Italian Citizenship Assistance Company | My Italian Family.

Should I Start My Italian Citizenship Application Now or Wait?

Many applicants assume waiting for legal certainty is the safest strategy. In reality, legal developments often reward those who have taken proactive steps to preserve and document their claims.

Italy's citizenship landscape remains in flux. Multiple constitutional challenges, court cases, and high-level judicial reviews are still pending. Similar legal disputes, including 1948 cases, evolved over many years before favorable precedents emerged. Recent court decisions have indicated that applicants who delay action may not receive the same legal protections as those who actively pursued recognition when opportunities existed.

Our recommendation is simple: complete your document portfolio now. Gathering records, obtaining amendments, securing apostilles, and preparing translations often takes over a year. Having a fully prepared file puts you in the strongest possible position to act when the timing is right, allowing you to take advantage of opportunities as they arise rather than scrambling to prepare after the fact.

Learn more: Italian Citizenship by Descent After 2026 | My Italian Family

How Can a Judge Approve My Case When I Do Not Qualify Under the New Requirements?

There is an important distinction between administrative authorities and the judiciary.

Italian consulates and municipalities function as administrative processing centers. Their role is to apply laws and ministry directives exactly as instructed. They generally have little discretion when evaluating citizenship applications.

Italian judges, however, are independent constitutional authorities. They have the autonomy to evaluate evidence, consider legal arguments, and determine whether a birthright should be recognized in accordance with constitutional principles. The Italian Court of Cassation (Supreme Court) has repeatedly affirmed that citizenship acquired at birth represents a permanent status that can be recognized at any time.

For this reason, some applicants who face administrative denials may still have viable court claims. In fact, our partner attorneys have already obtained favorable outcomes for third- and fourth-generation applicants who filed after the enactment of Law 74/2025. Every case must be evaluated individually to determine the strongest legal strategy.

Learn more: A Simple Guide to Italy's Court System | My Italian Family

How Do Constitutional Challenges Work in Italy?

The Italian Constitutional Court does not automatically review every law passed by Parliament. Instead, constitutional challenges usually begin when a judge handling a specific case believes that a law may conflict with the Italian Constitution.

The judge then submits a referral raising precise constitutional questions related to that case. The Constitutional Court reviews only those specific arguments and determines whether the challenged provision complies with constitutional principles. If the Court rejects a referral, it does not necessarily mean the entire law has been declared constitutional. It simply means the particular arguments presented were not persuasive.

Several referrals concerning Law 74/2025 have already been filed, and additional referrals may occur in the future. It is not uncommon for one challenge to fail while a differently framed challenge later succeeds. This process can be lengthy, but it is a normal part of the Italian judicial system.

Learn more: March 11 Constitutional Court Hearing: What Happened, What It Means, and What Comes Next | My Italian Family

What Is a 1948 Case, and Does It Apply to Me?

A 1948 case arises when Italian citizenship must be transmitted through a woman who gave birth to the next person in the line before January 1, 1948.

Under Italy's 1912 citizenship law, women could possess Italian citizenship but generally could not pass it to their children. Although the Italian Constitution later recognized equal rights beginning January 1, 1948, the government continued limiting citizenship transmission for children born before that date.

In 2009, Italy's Supreme Court recognized that this distinction constituted unlawful gender discrimination. However, Parliament never formally amended the citizenship law, meaning these claims still require judicial recognition rather than administrative processing.

If your citizenship line passes through a woman who gave birth before January 1, 1948, you likely have a 1948 case and must apply through the Italian courts.

Learn more: Challenging the 1948 Rule in Italy | My Italian Family

What Is the Minor Issue?

The Minor Issue is one of the most important and actively debated issues in Italian citizenship law today.

Under the current interpretation, citizenship transmission may be interrupted when:

An Italian citizen emigrated to a country that grants citizenship by birth on its territory.
Their child automatically acquired that country's citizenship at birth.
The Italian parent later naturalized in that country before 1992.
The naturalization occurred while the child was still legally a minor.

The government now argues that the parent's subsequent naturalization interrupted the child's citizenship transmission rights, even though the child was already considered Italian at birth.

Since late 2024, Italian consulates and municipalities have been instructed to deny administrative applications involving the Minor Issue. The courts, however, remain divided, with judges reaching different conclusions based on their own interpretations of the relevant constitutional principles.

On April 14, 2026, the United Sections of the Italian Court of Cassation held a hearing to address the issue and provide greater legal clarity. A decision is still pending. The outcome could significantly affect thousands of citizenship claims worldwide.

Do I Need to Learn Italian or Meet Residency Requirements for Citizenship by Descent?

No.

Citizenship by descent, or jure sanguinis, is based on the principle that citizenship is inherited from your Italian ancestor at birth. Because you are claiming an existing birthright rather than seeking naturalization, there is no language exam, cultural integration requirement, or minimum residency period.

Language and/or residency requirements typically apply only to individuals seeking Italian citizenship through naturalization based on long-term residence in Italy or through marriage to an Italian citizen.

Learn more: Understanding Jus Sanguinis: What Is Citizenship by Right of Blood? | My Italian Family

What Are the Benefits of Italian Citizenship?

Italian citizenship provides far more than simply obtaining a second passport. As an Italian citizen, you are also a citizen of the European Union and gain the right to live, work, study, and retire anywhere in the EU without needing work visas or residency permits. This includes all EU and EEA member countries, creating opportunities for employment, business, education, and travel throughout Europe.

Citizens also benefit from easier property ownership in Italy, access to public healthcare and education systems where applicable, voting rights in Italian elections, and the ability to pass citizenship to future generations and create a pathway for eligible spouses to pursue citizenship by marriage. Many clients pursue citizenship not only for themselves but also as a way of preserving opportunities for their children and grandchildren.

Learn more: Your Life as an Italian Dual Citizen | My Italian Family

Do Italy and the United States Allow Dual Citizenship?

Yes.

Both Italy and the United States permit dual and multiple citizenships. Becoming an Italian citizen does not require you to give up your U.S. citizenship, and recognizing your Italian citizenship generally does not affect your existing rights as an American citizen.

This means you can legally hold both passports and enjoy the rights and responsibilities associated with citizenship in both countries. For most applicants, dual citizenship provides the ability to maintain their life in the United States while gaining the benefits that come with European citizenship.

Learn more: Your Italian Passport: Unlocking Global Freedom | My Italian Family

Can My Children and Grandchildren Get Italian Citizenship Too?

In many cases, yes.

Whether your children or grandchildren qualify depends on their age, relationship to the qualifying ancestor, and the specific citizenship rules that apply to your family’s lineage.

If you are considering pursuing a court case, we generally recommend including all eligible family members in the same petition whenever possible. Children, grandchildren, parents, siblings, cousins, and other qualifying descendants can often join a single family petition, allowing everyone to seek recognition together while preserving their rights and potentially reducing overall costs.

Outside of a joint family court petition, adult descendants generally must pursue recognition through their own application using the same qualifying bloodline. Minor children, however, may often be registered through a simplified process at an Italian consulate once a parent has been recognized as an Italian citizen from birth, provided they meet the applicable legal requirements.

Law 74/2025 also introduced a new category known as citizenship "by benefit of law." Children born abroad after May 24, 2025 to a parent recognized as an Italian citizen from birth may be eligible for registration until their third birthday. Additionally, children who were under 18 years old on May 24, 2025 may be registered until May 31, 2029 under transitional provisions.

Citizenship by benefit of law differs from traditional citizenship by birth. Individuals recognized through this new category may need to satisfy additional conditions in order to preserve citizenship transmission rights for future generations.

For assistance with citizenship for minor children, please contact us at [email protected].

Can My Spouse Get Italian Citizenship?

Once you are recognized as an Italian citizen, your spouse may become eligible to apply for Italian citizenship by marriage.

Generally, spouses living abroad may apply after three years of marriage, or after 18 months if the couple has children together. Applicants pursuing citizenship through marriage typically must pass a B1-level Italian language examination, provide criminal background checks, and submit additional supporting records.

If your immediate goal is relocating to Italy, your spouse can generally obtain a residence permit as the family member of an Italian citizen, allowing them to live legally in Italy regardless of whether they ultimately choose to pursue Italian citizenship themselves.

For assistance with citizenship by marriage, please contact us at [email protected].

Learn more: How to Gain Italian Citizenship by Marriage | My Italian Family

How Long Does the Citizenship Process Take?

Phase 1: Document Collection

Document procurement is often the longest and most overlooked part of the process. On average, collecting and preparing a complete citizenship portfolio takes 12 to 15 months, although timing varies significantly.

Italian civil records can take several months to obtain. U.S. naturalization records frequently require 6 to 12 months. Once documents are collected, we perform a comprehensive audit to identify discrepancies, spelling variations, date inconsistencies, and amendment requirements. Only after corrections are completed do we move forward with apostilles and translations.

Phase 2: Application Processing

Processing timelines depend on the application pathway.

Consulates: Appointment wait times can range from months to years. After submission, consulates may take up to two years to process an application.
Italian Courts: Most cases are completed within approximately 6 months to 2 years, depending on the assigned judge and their individual caseload.
Italian Residency Route: Applicants who qualify administratively and establish residency in Italy may be completed in less than a year in some municipalities.

Overall, we generally estimate 2 to 4 years from start to finish for most citizenship cases.

How Can I Get Italian Citizenship Faster?

For many U.S.-based applicants, the court route is often the most efficient option.

While court timelines vary, many judicial cases conclude significantly faster than the time it takes to obtain a consular appointment and complete the administrative process. Some consulates face extensive appointment backlogs that can stretch several years before an application is even submitted, while others have suspended new appointments altogether.

Applicants who fully qualify under Law 74/2025 may also choose to establish lawful permanent residency in Italy and apply through their local municipality. Outside large metropolitan areas, this route can sometimes lead to recognition in under a year.

The most effective way to minimize delays is to work with an experienced team that understands the documentation requirements and can identify potential issues before they become obstacles. Schedule a free consultation today to discuss your circumstances and determine the most efficient path to your Italian passport.

Can I Use My Existing Documents for an Italian Citizenship Application?

In most cases, no.

Most applicants are understandably unfamiliar with the often-complex requirements involved in building a citizenship application portfolio. Many people possess family records that are useful for genealogy research but are not suitable for a citizenship application. Documents need to be newly issued, contain specific certifications, meet apostille requirements, and comply with Italian administrative standards.

After more than 25 years of experience, we have found that it is uncommon for clients to already possess all of the documents needed in the proper format for a citizenship application. Additionally, consulates typically retain the documents submitted with an application and will not return them.

For these reasons, we generally recommend allowing our team to obtain new certified copies specifically for your citizenship application. We know which records are required, how they must be issued, and what certifications they need to meet current Italian standards. This helps minimize delays, avoid potential rejections, and reduce the need for costly corrections later in the process.

What If I Cannot Get an Italian Consulate Appointment?

The inability to obtain a consulate appointment through Italy’s Prenot@mi booking system does not necessarily mean you are out of options.

Applicants may pursue a judicial action commonly called a "Denial of Justice" or "Against the Queue" case. These cases argue that excessive delays or inaccessible appointment systems are preventing applicants from exercising rights guaranteed under Italian law.

Another option is to wait for the new centralized citizenship processing office expected to become operational in Rome in 2029. However, this system will likely experience significant startup backlogs, and processing times can legally extend up to three years after application submission.

We generally do not recommend delaying your citizenship plans for several years, particularly given the ongoing legal developments and the possibility of future legislative reforms.

Can Family Members Share an Italian Citizenship Application?

Often, yes.

Most Italian consulates in the United States permit the use of a shared family file when a relative has already completed the citizenship process through the same consular jurisdiction. In those situations, you may only need to provide your own records connecting you to the Italian ancestor, along with the required government application fees.

However, if you live in a different consular jurisdiction, you will generally need to submit a new document portfolio.

For court cases, multiple relatives can often join the same petition regardless of where they live. This approach can significantly reduce costs while allowing family members around the world to pursue recognition together.

Ready to Explore Your Eligibility?

Whether your case involves Law 74/2025, the 1948 Rule, involuntary citizenship issues, the Minor Issue, or a traditional jure sanguinis claim, a personalized eligibility review is the best way to understand your options.

Schedule your free consultation with My Italian Family today. Our team will evaluate your family history, explain your eligibility options under the current law, and help you determine the strongest path forward for you and future generations of your family.