The Italian law requires that your Italy-born Ancestor did not become a naturalized US citizen (or citizen of any foreign country where he or she migrated to) before the birth of his or her son or daughter here in the US. Moreover, under the principle of “jure sanguinis”, i.e. continuity of blood, you, as the applicant, have to demonstrate that the descendants of the Italy-born Ancestor did not renounce their rights to Italian citizenship.
This is where “FORM 3” comes into play: if one of these descendants between you and your Italy-born Ancestor is still ALIVE, for instance your father, mother, or grandparent, each one will have to sign FORM 3 declaring that he or she never renounced their rights to Italian citizenship to any Italian authority. These living ascendants do not give up their rights to Italian Citizenship; they are ‘gifting’ you (applicant) the rights of citizenship without having to become an Italian Citizen themselves. Even if they are applying with you or expect to apply in the future they still have to sign FORM 3 for you. The signature on the form has to be notarized.
Remember: you cannot skip a generation; therefore, this form must be signed by each living ascendant/s. This is the law (Law 91 of 5 February 1992; particularly Article 1 of Law n.91/1992) and there is no other way to prove they did not renounce their rights to Italian citizenship.
To learn if you qualify, CLICK HERE (Form 3 can be downloaded by selecting the situation that applies to you)
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