Wednesday, December 16, 2009

FREQUENTLY ASKED QUESTIONS

1)   What does Jure Sanguinis mean?
Sometimes referred to as Jus Sanguinis, it is Latin for "by the right of blood." In this case, it means the right to citizenship through one's bloodline or ancestry.

2)    Will Italian citizenship jure sanguinis affect my current citizenship?

According to the principle of jure sanguinis, you have actually been an Italian citizen since birth (if you qualify). Obtaining dual citizenship through ancestry is much different than obtaining it through naturalization, which in many cases can result in the loss of your native citizenship. In Australia, Canada, Ireland, New Zealand, South Africa, the United States and the United Kingdom, being recognized as an Italian citizen jure sanguinis will not affect your current citizenship. If you are a citizen of any other country, we strongly recommend you verify this with the nearest Italian authority.

3)   How long does this process take?

Assuming you start the process today, it generally takes four to six weeks for us to obtain your ancestor's birth, marriage or death certificate. The time it takes to procure birth, marriage and death certificates in your state or province varies, but in one case it took the state of California five months to respond to ten certificate requests. Some vital statistics offices do allow you to expedite your requests. You can request your certificates from Italy through Italiamerica. For birth go here; for marriage go here; for death go here; and from your state or province (through the appropriate authority) simultaneously, allowing the waiting periods to overlap. As soon as all the certificates from your state or province have arrived, you may have to wait another few weeks for the apostilles or legalizations, though you can usually save time if you go in person. Italiamerica can translate your certificates into Italian in two weeks or less, though this may also be done while you are waiting for the apostilles or legalizations. You can complete the actual application for citizenship jure sanguinis and get it notarized in a day. The biggest question is how long it will take the Italian embassy or consulate to process your application. Experience has shown that it may take anywhere from two weeks to a year. We recommends planning at least six months to a year in advance from the day you start requesting certificates until the day you get confirmation of your citizenship.

5)   Can I acquire citizenship with other members of my family at the same time?

Yes.  All living ancestors your Italian parent, your Italian grandparents in the direct line between you and your ancestor from Italy are going to be recognized as Italian citizens anyway. (This is not optional!) Applying with siblings and/or first cousins requires very little additional work and is a great way to divide up costs. Another benefit of applying with other members of your family is that you need only ONE set of certificates for your entire family's application.
For instance, if I apply for Italian citizenship jure sanguinis with my two sisters and my mother, the certificates I must present with my application are the same as those I would have had to present if I were applying on my own, with the exception of my sisters' birth certificates.

6)   I'm in a hurry to get over to Italy/Europe. Can I do anything to expedite this process?
 

Request the Birth - Marriage - Death certificates from Italy and the certificates from your own country IMMEDIATELY! Don't delay at any point in this process. Be prepared for the appointment with the nearest Italian embassy or consulate to submit your application, and be sure you have all your certificates, apostilles and translations into Italian in order. Tell the representative of the Italian authority that you are anxious to move abroad and ask (politely!) if there is any way to expedite the process.
 

7)   If I work in Italy do I have to pay taxes in both my native country and Italy?

The United States is one of the few countries in the world that taxes its citizens no matter where they live. However, you can qualify for a tax exclusion for all income earned in Italy or elsewhere in the European Union up to $70,000 USD per year. This is called the $70,000 exclusion, and in order to qualify for it you must establish a tax home outside of the US and pass either the physical-presence test or the foreign-residence test. The physical-presence test is the more objective and straightforward of the two. To pass, you must be outside the US for at least 330 days over a consecutive twelve month period. The foreign-residence test is more subjective and probably easier for most Americans to pass. You must convince the IRS that you have been a bona fide resident of Italy or other EU country for an entire taxable year and that you plan to live there indefinitely. The IRS considers a number of factors to determine whether or not you pass this test. Being an Italian citizen and living in Europe will certainly work in your favor. Remember that you need to pass only one of these two tests to qualify for the $70,000 exclusion. You must file IRS forms 1040 and 2555 or 2555-EZ to claim your exclusion!

If you are an American who doesn't qualify for the $70,000 exclusion? or who earns more than $70,000 USD per year, don’t worry! Italy and the United States have tax treaties to protect their citizens from dual taxation. The general rule is that you don’t pay US tax on foreign-earned income if the foreign tax rate is higher than the US rate. If the foreign rate is lower, you will have to pay US taxes on the difference between these rates. In any case, be sure to file your tax returns every year even if all your income is earned outside of the US!

If you are not a US citizen, it is likely you won't be taxed for any income earned abroad. Check with the nearest Italian authority or a tax attorney for more information.

8)   Can I vote in Italy without losing my native citizenship?

Yes. Voting is one of your rights as an Italian citizen.

9)   How will I know when I've obtained Italian citizenship?

You will be contacted by the Italian authority through which you submitted your application for citizenship. Though this may vary from country to country, you will probably receive a package at your home address including a cover letter stating that you have been recognized as an Italian citizen, an application for an Italian passport and an application for A.I.R.E. If you are a male under the age of forty-five, you will also be sent a document relieving you of your military obligations to Italy. (Read on if you are a male under the age of twenty-seven!)
 

10)   What is A.I.R.E.?
 
In every city in Italy, there is a general registry office or anagrafe that keeps track of the changes in citizenship status, address, marriage, birth and death of Italian citizens. Italians living abroad are registered in a special anagrafe called A.I.R.E. By law, all Italian citizens, whether living in Italy or abroad, must notify their anagrafe concerning any change in their status. Italians abroad do so through the consular office in whose jurisdiction they reside.

11)   Will I have military obligations to Italy?

On May 8, 2001, the Italian government passed a law (Art. 7 del D. Lgs. 8 maggio 2001 n. 215) making military service completely voluntary as of January 1, 2007. Females do not have any military obligations, nor does any male born on or after January 1, 1986. If you have already served in the US military or you are forty-five years or older, you do not have to serve in the Italian military. If you are twenty-seven or older and younger than forty-five, you can avoid military service by filling out some paperwork. If you are a male born between 1976 and December 31, 1985 and you want to live in Italy, in theory you are obliged to complete your military service unless you are enrolled in a university. Work exemptions also exist for those who meet certain qualifications (e.g. independent business-owners or members of a family business). We feel that, in reality, LEVA (the bureau regulating mandatory military service) is slowly winding down and is no longer tracking newly-recognized male Italian citizens for military service. Nonetheless, if you were born between 1976 and December 31, 1985 and you want to live in Italy, We strongly recommend you contact the LEVA office of the area in Italy in which you are planning to live for more information.
 

12)   How soon can I move to Italy after I receive confirmation of citizenship from the Italian consulate in my area?

Even if you're in a rush to move to Europe, we strongly recommend you wait until you get an Italian passport before you go, especially if you're planning a move to a country other than Italy.

13)   How long will it take to get a passport once I obtain Italian citizenship?

It depends how quickly your embassy or consulate processes passport requests. From the moment you submit your passport application, it could take anywhere from one to six weeks. Check with the nearest Italian authority for more information.

14)   If I have two passports, which should I use when I travel?

If you plan on traveling to Italy or to any other EU country, bring both your native passport and your Italian passport with you. Show your native passport when leaving your country. On the plane, put away your native passport and take out your Italian passport, which you should then use when entering Italy or any other EU country. It’s probably in your best interest NOT to mention to customs that you are carrying two passports. It is not illegal for you to do so, but a lower-level official may not know this, which could result in delays while he or she confirms this. Use your Italian passport when you travel to parts of the world where citizens of your native country are unpopular or prohibited from entering (for example, Americans in Cuba). It’s always a good idea to carry photocopies of both passports with you when you travel.

15)   How can I find out which Italian authority covers my geographic area?

 
If you are an American and you're not sure which consulate covers your state, follow this link to find the consular office in whose jurisdiction you reside. Otherwise, visit the website of the Italian Minister of Foreign Affairs at http://www.esteri.it for a list of all Italian embassies and consulates in the world.

16)   I am not a citizen of the country in which I am currently living (e.g. a Mexican citizen in the USA). Can I apply for Italian citizenship through the Italian consulate of the country in which I am living, or must I do so through a consulate in my country of citizenship?

You must apply for Italian citizenship through an Italian consulate in your country of residence.


17)   I am a foreigner married to an Italian citizen. Am I entitled to Italian citizenship?

If you are a woman and you married before April 26th, 1983, you automatically acquired Italian citizenship at the moment of marriage.

After April 26th, 1983, either husband or wife may acquire Italian citizenship after two years of marriage if the couple resides in Italy and after three years if they reside abroad. In both cases you need to file an application (see section B).

18)   I became an American citizen by naturalization before August 16th, 1992. Can I reacquire my Italian citizenship?


Yes, by declaring you intend to do so, and taking up residence in an Italian Comune within one year from such declaration (see the section B ).

19)   I became an American citizen after August 15th, 1992. Did I lose my Italian citizenship?

No. Those who acquired a foreign nationality after the above-mentioned date have retained their Italian citizenship.

20)   I was born in the US but I have an Italian direct ascendant. Am I entitled to dual citizenship?

You might, but this is a case-by-case matter. We need to check the original documents along with you and ascertain if you are eligible or not.
Please Note: those who were born before January 1, 1948 may obtain Italian citizenship only through paternal direct ascendants.
 

21)   I was born in the United States, my father was an Italian citizen at the time of my birth and I have never renounced my Italian citizenship. Am I entitled to Italian citizenship?

Yes.

22)   I was born in the United States after January 1, 1948, I have never renounced my Italian citizenship, and my mother was an Italian citizen at the time of my birth. Am I entitled to Italian citizenship?

Yes.

23)   My father was born in the U.S. and my paternal grandfather was an Italian citizen at the time of my father’s birth and neither I nor my father ever renounced Italian citizenship. Am I entitled to Italian citizenship?

Yes.

24)   I was born after January 1, 1948, my mother was born in the United States and my maternal grandfather was an Italian citizen at the time of my mother’s birth and neither I nor my mother ever renounced Italian citizenship. Am I entitled to Italian citizenship?

Yes.

25)   I was born in Italy to non-Italian citizens who were permanent residents of Italy at the time of my birth. Now I live in the United States. Am I eligible to Italian citizenship?

No. Italian citizenship is based on “jure sanguinis” (blood line). As a general rule, foreigners born in Italy are not automatically Italian.

26)   I am an Italian citizen and I naturalized American. Should I inform the Consulate?

Yes. You may do so by presenting the following documents: certificate of naturalization, Italian passport or Italian certificate of birth and passport or any other valid I.D. You can also register it by mail, providing certified true copies of the above mentioned documents.

Birth Certificate request from Italy-


Not many people know this, but you can get birth records, marriage records, divorce records, death records, and many more by going to the Comune's website, and by following these simple steps.


  1. Visit comuni.it and search for your comune in Cerca il Comune.
  2. Look for their contact information
  3. Call them
  4. Email them
  5. Send them a letter by post.

The comunes can be reached by email, phone, or mail.

Note- Always forward a formal letter to the comune, keep in mind that the comunes process all requests made in person, and may not have time to process your request by email, phone, or mail.  For this matter, be very kind when requesting certificates from the comunes.


When writing to the Comune, address your request to-
COMUNE di …………………
Ufficio Anagrafe-Stato Civile
(Zip code) (City) – Italy- 


Here is a Sample formal Birth Certificate letter request-



Your Name
Address, State, ZipCode
US


__________________________________________________________________


Ufficio dello Stato Civile

Comune di [comune name]

[5-digit Cap code] [comune name] [2-letter province]



Egregi Signori,



Il mio nome e’ Your Name. Sono una cittadina americana discendente da Italiani e sto cercando di ottenere anche la cittadinanza italiana.



Per questo richiedo, cortesemente, il Vostro aiuto, poiche’ mi necessita l'estratto dell'atto di nascita, in formato internazionale, della mia relation RELATIVE NAME. Ellgi/Ella nacque il day/month/year in City da Relative Father Name e da Relative Mother Name.

                     

Poiche’ io necessito di questo documento per formalizzare la mia richiesta di cittadinanza italiana, e’ molto importante che il suddetto certificato riporti i nomi di entrambi i genitori.



I documenti andranno inviati al seguente indirizzo:



Your Name

Your Address



La mia e-mail: Your Email



Se ci saranno spese da sostenere Vi prego di comunicarmelo e sarà  mia cura inviarvi quanto dovuto a stretto giro di posta.



Molte grazie in anticipo  per la Vostra cortesia ed il Vostro aiuto.



Cordiali Saluti,



Your Name


Contact me if you need assistance during this process.

Citizenship by marriage to an Italian Citizen "Jure Matrimoni"-

The foreign spouse must fill out and sign the application form at this Consulate General. The application must be accompanied by the following documents-

1. VALID PASSPORT OF BOTH SPOUSES;

2. PROOF OF RESIDENCE OF THE FOREIGN SPOUSE: IF A US NATIONAL, THE FOREIGN SPOUSE IS REQUIRED TO SHOW CERTIFICATE OF DOMICILE/ DRIVER’S LICENCE/ UTILITY BILL/ BANK STATEMENT; FOR ALL OTHER NATIONALITIES, THE FOREIGN SPOUSE IS REQUIRED TO SHOW PROOF OF LEGAL RESIDENCE IN THE UNITED STATES (GREEN CARD OR LONG-TERM VISA, PLUS PROOF OF RESIDENCE)

3. BIRTH CERTIFICATE OF THE APPLICANT. FOR REQUIREMENTS AND PROCEDURES PLEASE REFER TO SECTION A.


4. CRIMINAL RECORD FROM THE POLICE AUTHORITIES OF APPLICANT'S PLACE OF BIRTH AND OF EACH US STATE/COUNTRY WHERE HE/SHE RESIDED AFTER THE AGE OF 14 (SEE INSTRUCTIONS BELOW)

5. MARRIAGE CERTIFICATE “ESTRATTO DEL CERTIFICATO DI MATRIMONIO” ISSUED BY THE COMUNE IN ITALY WHERE THE MARRIAGE WAS REGISTERED.

6. PROOF OF BANK TRANSFER OF 200 EURO TO MINISTERO DELL’INTERNO

The Consulate will issue a certificate of citizenship for the Italian spouse

How to obtain certificates of good conduct-

Those who live/have lived in the U.S. must provide:

1. Certificate of good conduct issued by Federal Bureau of Investigation, CJIS Division-
Attn. SCU-MOD/D2 – 1000 Custer Hallow Road, Clarksburg, West Virginia 26306
– Tel (304) 625-3878

2. Certificate of good conduct issued by the Central Police Office of each State of
residence. 



For foreign countries, please refer to the Italian Consulate competent for that area (check on the internet)

3. Non-EU citizens who have lived in Italy for at least six months also need to
submit:

• “Certificato Generale del Casellario Giudiziale” issued by Tribunale di Roma;

• “Certificato dei Carichi Pendenti” issued by Procura della Repubblica presso il Tribunale competent for place of residence

European Union Citizens only may sign an affidavit declaring that they have no criminal issues pending in Italy (this declaration can be made at the Consulate in front of an official).

N.B. All criminal record documents require the Apostille (for information see above) except for the FBI documents. All documents must be submitted with translation into Italian.

Duties for legalization/issuing of some of the required documents shall be paid in cash or money order on the day of the appointment. The exact amount ($100,oo aprox) shall be calculated at that time.

Reacquasition of Italian Citizenship-

Pursuant art. 13 c) of Law n. 91/1992, you may regain the Italian citizenship by establishing your residency in Italy.

The following documentation is required:

1. Birth Certificate (‘ESTRATTO PER RIASSUNTO DEL CERTIFICATO DI NASCITA”)
2. Copy of Italian passport (If available)
3. Certificate of Naturalization (Original plus a photocopy)
4. U.S. Passport or Valid Photo ID
5. Driver's License as proof of residency in the Jurisdiction of this consulate.
6. Proof of payment of 200 Euros.

In order to submit the above mentioned documents, you should request an appointment with our Citizenship Office.


After the appointment has been set, you must come in person to the Consulate, produce the above-mentioned documents and sign a declaration stating that you intend to reacquire the Italian Citizenship by residence in Italy within one year from the date of said declaration. 


Please note-  that U.S. citizens are exempt from visa for Italy for a stay of up to 90 days.

While the required documents need to be processed at the Italian Consulate, the above-mentioned declaration can also be rendered directly at the competent Comune in Italy where you intend to establish your residence.

Remember to have your passport stamped at your arrival at the Italian airport.

Recognition of Italian Citizenship “JURE SANGUINIS”- Documentation

If you fall into Category 1, you must obtain the following documents-

A) Your father's birth certificate-
If you don’t have it already, write to the Italian "Comune" where your father was born, request a birth certificate in "formato internazionale", or in "estratto per riassunto" (showing his father's and mother's names). You can easily find the address of the "Comune" on this site by clicking on "Birth Certificate request".

B) Your parent's marriage certificate-
If the marriage took place in Italy, follow the procedure above. If it took place in the U.S.A., you must obtain a "certified copy" of the certificate and an "Apostille" from the Secretary of State of the State in which it was issued. ("Apostille" information follows); 


C) Your mother's birth certificate-
See above, or, if she was born in the U.S.A., request a "certified copy" of a "long form" or a "full form"; 


D) Your father's certificate of Naturalization or his Italian passport and "Alien Registration Card" ("green card").  
Note: Most Italian embassies and consulates do NOT require this. The only ones that do are the Italian consulates in Miami and Chicago) (see category 1 D/A/B/C.
If your father became a US citizen but his Certificate of Naturalization is not available, you must provide the following-


1)      Official statement (in original, not photocopy, and with the Office Seal) from the US Immigration and Naturalization Services in Washington D.C. (425 I Street NW, 2nd Floor - ULLICO Bldg, Washington, D.C. 20536) and from the Court County in which he resided, stating the number of the Certificate of Naturalization and the date of his naturalization. The statement must show your father's full name (and any other names he went by on any official documents), place of birth and date of birth, date of the naturalization, certificate number. If he never became a US citizen, you must show his Italian passport and Alien Registration Card. 


2)     IF THE RESEARCH SHOWS NO RECORD: you are requested to double check with the National Archives (www.nara.gov) requesting a full search under his name and nicknames, possible dates of birth which he may have declared in the course of his life. If the record is found, you will obtain from the National Archives a certified copy of his "petition for naturalization" and "oath of allegiance" (Please note: we may at any time request that you present documentation from the National Archives - in case of discrepancies - to confirm the identity reported on the certificate of naturalization).


3)     If the record is still negative, you may want to check with the "CENSUS", requesting a survey report dated after your date of birth (www.census.org);

E) Your birth certificate-
You must obtain a "certified copy" (in "full form" or "long form"), with the “Apostille” from the Secretary of State of the State in which it was issued. 


F) Your declaration that you never renounced Italian citizenship before any Italian authority, listing all your places of residence. 


G) Your father's Death Certificate (if applicable) in "certified copy with “Apostille”.
If your father became a U.S. citizen by naturalization before your birth, you might be not entitled to Italian citizenship (unless you fit into another category); 



If you fall into Category 2, follow the instructions of such category. All documents are the same, but in this case will regard your mother and not your father.

If you fall into Category 3, you must obtain the following documents-


1.
Your paternal/maternal grandmother's birth certificate
2. Your grandparents' marriage certificate
3.
Your father's certificate of Naturalization or his Italian passport and "Alien Registration Card" ("green card"). (see cat.1 D 1,2,3)
4.
Your father's birth certificate
5. Your mother's birth certificate
6.
Your parents' marriage certificate
7.
Your birth certificate

8. Your declaration that you never renounced Italian citizenship before any Italian authority, listing all your places of residence. 
 9. Declaration that your father never renounced hisItalian citizenship before any Italian authority, listing all his places of residence, (if he is living, ask him to sign his own affidavit, listing all his places of residence). If not signed before us his signature must be notarized. Copy of his passport and driver license are requested. 
10. Any pertinent Death Certificate/s related toItalian ascendants.
Note-  If your grandfather became a U.S. citizen by naturalization before your father’s birth, you might not be entitled to Italian citizenship (unless you fit into another category);

If you fall into Category 4 to you must obtain the following documents in original-  (For instructions about the proper documents, follow information listed under paragraph no.1)-


1.
Your paternal/maternal great-grandfather's birth certificate from Italy
2.Your paternal/maternal great-grandmother's birth certificate.
3. Your great-grandparent's marriage certificate
4. Your paternal/maternal great-grandfather's certificate of Italian citizenship from Italy, also known as a certificato di cittadinanza italiana. (see category 1 /D/A/B/C)
5.
Your paternal/maternal grandfather's birth certificate
6. Your paternal/maternal grandmother's birth certificate
7.
Your grandparents' marriage certificate 

8. Your mother's birth certificate

9. Your father's birth certificate 
10. Your parents' marriage certificate
11. Your birth certificate

12. YOUR DECLARATION THAT YOU NEVER RENOUNCED ITALIAN CITIZENSHIP BEFORE ANY ITALIAN AUTHORITY, LISTING ALL PLACES OF YOUR FORMER RESIDENCE (Form 2)
13. DECLARATION THAT YOUR FATHER/MOTHER NEVER RENOUNCED ITALIAN CITIZENSHIP BEFORE ANY ITALIAN AUTHORITY, LISTING ALL HER PLACES OF THEIR FORMER RESIDENCE (if he/she is alive, ask him/her to sign his/ her own declaration. Signature must be notarized if not signed before us. Copy of his/her passport and driver license are requested. Use FORM 3)
14. DECLARATION THAT YOUR GRANDFATHER/GRANDMOTHER NEVER RENOUNCED ITALIAN CITIZENSHIP BEFORE ANY ITALIAN AUTHORITY, listing all his places of residence (if he is alive, ask him to sign his own declaration. The signature must be notarized if not signed before us. Copy of his passport and I.D. card are requested. Use FORM 3 if he is alive or FORM 4 if he is deceased)
15. ANY PERTINENT DEATH CERTIFICATE/S RELATED TO THE ITALIAN ASCENDANTS
If your great-grandfather became a U.S. citizen by naturalization before your grandfather/grandmother’s birth, you might not be entitled to Italian citizenship (unless you fit into another category)
16. ANY PERTINENT DEATH CERTIFICATE/S RELATED TO THE ITALIAN ASCENDANTS
If your great grandfather became a U.S. citizen by naturalization before your paternal grandfather’s birth, you are not entitled to Italian citizenship (unless you fit into another category).

PLEASE NOTE:

Certificates: all certificates must be in "certified copy" a.k.a. "long form" or "full form" or “book copy” ("certification" or "abstract" will not be accepted). Such forms can be obtained at the Vital Statistics Office of the State in which the birth/marriage/death took place. Certificates reporting only the "Country" of birth cannot be accepted. You must request the Office of Vital Statistics to indicate the city of birth.
Apostille: U.S. birth / marriage / death records related to the Italian side must bear the Apostille of the Secretary of State of the State where the document was issued (except for the certificate of naturalization and/or similar documentation).
The “Apostille” is an international legalization. It is not a stamp on the certificate. It is a physical document stapled to the birth/marriage/death certificate.
Please note- The “Apostille” does not require translation.

IMPORTANT- Additional requirements for all categories-

1)    If you are married, you must also submit your marriage certificate along with a copy of your spouse's birth certificate.
2)    If you have children of minor age (under 18) you must also submit certified copy of their birth certificates.
3)    Certificates relating to the applicant’s family (his or her birth certificate, marriage certificate, birth certificates of minor children) in languages other than Italian must be translated into Italian. Documents that do not need to be translated and do not need an Apostille are: - U.S. Certificates of Naturalization and the letter of no records issued by Immigration and Naturalization Services. Statements regarding the naturalization status of the interested party, ancestors’ certificates and certificates related to the "not Italian side" of your family tree need an Apostille, but no traslation.

• For all certificates issued from New York City and New York State, please check the web site of the Consulate General of Italy in New York (www.consnewyork.esteri.it).

Documents issued in countries other than the U.S. must comply with the local regulations on the legalization of documents and they must be translated into Italian. Such documents and their translations must be submitted to THE ITALIAN CONSULATE/EMBASSY IN THE COUNTRY WHERE THE DOCUMENTS WERE ISSUED PRIOR TO BEING BROUGHT TO THIS CONSULATE.
A list of all the Italian Embassies and Consulates can be found at www.esteri.it


Discrepancies-

Double-check all documents word by word to make sure that there are no discrepancies or mismatches in the first names, last names, dates and places of birth. If there are discrepancies in first and last names, please contact this Office before submitting your application. If there are major discrepancies in names, dates, ages and places of birth/marriage, you will be asked to have those certificates amended through an official "affidavit to amend a record” to be requested to the Vital Statistics Office that issued the document or with another appropriate official document.

If you are concerned that any of the above procedures may affect your United States citizenship, you should contact the U.S. authorities.

Recognition of Italian citizenship “JURE SANGUINIS” Categories

This is the case of descendants of Italian citizens who wish to have their Italian citizenship recognized. 

If you were born in the United States you can be recognized an Italian citizen if any one of the categories listed below applies to you: 

Category 1-    Your father was an Italian citizen at the time of your birth and you never renounced  your Italian citizenship;

Category 2-    Your mother was an Italian citizen at the time of your birth, you were born after January 1, 1948, and you never renounced your Italian citizenship;

Category 3-      Your father was born in the United States or a country other than Italy, your paternal grandfather was an Italian citizen at the time of his birth, neither you nor your father ever renounced your the Italian citizenship.
Your mother was born in the United States or a country other than Italy, your maternal grandfather was an Italian citizen at the time of her birth, you were born after January 1, 1948 and neither you nor your mother ever renounced your Italian citizenship;

Category 4-     Your paternal or maternal grandfather was born in the United States, your paternal or maternal great grandfather was an Italian citizen at the time of his birth, neither you nor your father or mother, or your grandfather ever renounced your/their Italian citizenship. Please note: a grandmother born before 1/1/1948 can claim Italian citizenship only from her father and can transfer it only to children born after 1/1/48.



Reacquisition of Italian Citizenship- 

According to Italian law, individuals born in Italy who automatically lost the Italian citizenship when they became U.S. citizenship by naturalization before August 16th, 1992, may, under certain conditions, reacquire the Italian citizenship.

Pursuant art. 13 c) of Law n. 91/1992, you may regain the Italian citizenship by establishing your residency in Italy. 



Citizenship by marriage to an Italian citizen-

The foreign spouse of an Italian citizen may apply for Italian citizenship after2 years of marriage if they reside in Italy and after 3 years of marriage if they reside abroad. Such terms are halved in case of offspring from the marriage. After the application is submitted, the Ministry of Interior takes about 2 years to issue a decree either granting citizenship or denying it.

Two basic requirements must be met prior to submitting the application-

1. the marriage must have been already registered at the Comune in Italy;
2. the Italian spouse must be registered at the Consulate as an Italian Citizen
Residing Abroad (A.I.R.E.).


Citizenship Background


The basic law of Italian citizenship is the law 91 of 5 February 1992 as implemented by Presidential Decree (DPR) 572 of 12/10/1993 and DPR 362 of 4/18/1994.

Most common citizenship cases-

 
A)       Recognition of Italian Citizenship by descent “jure sanguinis” (this is the case of descendants of Italian citizens who are eligible for and wish to have their Italian citizenship recognized).
The basic principle of the law is that the citizenship is transmitted by blood line (“jure sanguinis”). In other words, the son of an Italian citizen is Italian, no matter where he was born. For recognition of Italian citizenship you must produce evidence that your direct ascendants uninterruptedly maintained their Italian citizenship. Applicants living abroad (outside Italy) must apply at Italian Consulates. Those living in Italy must apply to the Comuni (Municipalities). 

 
B)      Acquisition of Citizenship by Marriage to an Italian Citizen. The acquisition of Italian citizenship is governed by articles 4, 5 and 9 of law 91, which apply, among others, to the following cases: 

 
- spouses of Italian citizens (article 5)
- descendants of former citizens and foreign nationals born in Italy (articles 4 and 9) 

 
C)     Reacquisition of Italian Citizenship (this is the case of those who were born Italian citizens but lost their citizenship and now wish to reacquire it). The reacquisition of Italian citizenship is governed by Article 13 of law 91. In general terms, a person who lost his/her Italian citizenship can reacquire it by establishing his/her residence in Italy.

The above cases are governed by different articles of the law. Please refer to the appropriate section A,B or C.


GENERAL INFORMATION

Remember that if you became a foreign national by your own will before August 16, 1992, you automatically lost your Italian citizenship.

The current Italian law allows dual citizenship. In other words, Italian nationals can hold other citizenships in addition to their Italian one.
U.S.- issued certificates (birth, marriage, and death) that are to be recorded in Italy must be in “long form” and bear the registrar’s raised, embossed, impressed or multicolored seal and the date when the certificate was filed with the registrar’s office.
Each document must also be accompanied by the “Apostille” in compliance with the Hague Convention of October 5, 1961. Please be advised that documents will not be accepted if there are inconsistencies in either the names or the dates. 


IMPORTANT NOTE: 

Effective Aug 8, 2009, pursuant to the new Italian law n. 94/2009, the applications for acquisition and reaquisition of Italian citizenship, as well as the renounce to Italian citizenship, are subject to an application fee of 200 Euros.