One of the most common questions people ask when pursuing Italian citizenship by descent is whether they can hold both U.S. and Italian citizenship simultaneously. The short answer is yes. Both the United States and Italy permit dual citizenship, and obtaining Italian citizenship does not require you to give up your American citizenship. However, dual citizenship comes with rights, responsibilities, and practical considerations that are worth understanding before and after recognition.
The Legal Framework
United States: The U.S. does not formally encourage or discourage dual citizenship, but it does permit it. The Supreme Court ruled in Afroyim v. Rusk (1967) that a U.S. citizen cannot be involuntarily stripped of citizenship. Acquiring a second nationality, swearing an oath of allegiance to another country, or obtaining a foreign passport does not cause loss of U.S. citizenship unless done with the specific intent to relinquish it. The State Department’s official position is that a U.S. citizen who acquires foreign citizenship “by choice” may, but is not required to, lose U.S. citizenship. In practice, no one loses U.S. citizenship by obtaining Italian citizenship through descent. The U.S. recognizes that you are simultaneously a citizen of both countries.
Italy: Italy has allowed dual citizenship since 1992, when Law No. 91 (February 5, 1992) eliminated the prior requirement that Italians who acquired a foreign nationality lost their Italian citizenship. Before 1992, an Italian who naturalized as a U.S. citizen would lose Italian citizenship (this is precisely why the naturalization date of your ancestor matters so much in citizenship by descent cases). Under current law, there is no restriction on holding Italian and American citizenship at the same time.
Passport and Travel
As a dual citizen, you will hold two passports: a U.S. passport and an Italian passport. Each government expects you to use its passport when entering and leaving its territory.
Entering and leaving the United States: U.S. law requires U.S. citizens to enter and exit the country on a U.S. passport. Always present your U.S. passport to U.S. Customs and Border Protection.
Entering and leaving Italy (and the EU/Schengen area): As an Italian citizen, you have the right to enter Italy and other EU/Schengen countries using your Italian passport. Using your Italian passport in Europe gives you access to the EU citizen lanes at immigration, the right to stay indefinitely (no 90-day Schengen limit), and the right to work without a visa in any EU member state.
Traveling to third countries: You can choose which passport to use when traveling to other countries. Some travelers choose strategically based on visa requirements. For example, an Italian passport provides visa-free access to some countries that require visas for U.S. passport holders, and vice versa.
Practical tip: When booking flights, use the passport details that match the document you will present at your destination’s immigration. If flying to Italy, book with your Italian passport details. If flying to the U.S., book with your U.S. passport details.
Tax Obligations
This is the area where dual citizenship requires the most careful attention. Both the United States and Italy have worldwide taxation systems, meaning both countries can potentially tax your global income.
United States: The U.S. taxes its citizens on worldwide income regardless of where they live. If you continue to live in the United States (as most dual citizens do), your U.S. tax obligations do not change at all by becoming an Italian citizen. You continue to file U.S. taxes exactly as before.
Italy: Italy taxes residents on worldwide income and non-residents on Italian-source income only. The key concept is residenza fiscale (tax residency). You are considered an Italian tax resident if you are registered in the anagrafe of an Italian comune, if you have your habitual abode (dimora abituale) in Italy, or if you have your domicile (domicilio) in Italy for more than 183 days in a tax year.
If you live in the United States and are registered in AIRE (as you are required to be), Italy considers you a non-resident. As a non-resident, you are only taxed by Italy on income that originates in Italy (Italian rental income, Italian employment, Italian business income, etc.). If you have no Italian-source income, you generally have no Italian tax filing obligation.
The US-Italy Tax Treaty: The United States and Italy have a bilateral tax treaty (Convention for the Avoidance of Double Taxation, signed in 1999) that provides mechanisms to prevent double taxation. If you do earn income that both countries could tax, the treaty provides rules for determining which country has primary taxing rights and requires the other to provide a credit or exemption. Consult a tax professional experienced in U.S.-Italy cross-border taxation if you have Italian-source income or are considering moving to Italy.
FBAR and FATCA: If you open Italian bank accounts (which you may do for various practical reasons), be aware that U.S. citizens must report foreign financial accounts. If your aggregate foreign account balances exceed $10,000 at any point during the year, you must file an FBAR (FinCEN Report 114). Additionally, FATCA (Foreign Account Tax Compliance Act) may require reporting on Form 8938 if your foreign financial assets exceed certain thresholds. Italian banks are also required to report U.S. account holders to the IRS under FATCA, so compliance is important.
Military Service
Italy suspended mandatory military service (leva obbligatoria) in 2005 (Law No. 226 of August 23, 2004, effective January 1, 2005). There is currently no conscription in Italy, and obtaining Italian citizenship does not create a military service obligation. The Italian military is now an all-volunteer force. However, the suspension is technically just that, a suspension, and could theoretically be reinstated in a national emergency, though this is widely considered unlikely.
For U.S. obligations, Selective Service registration requirements for males aged 18 to 25 are a U.S. matter and are unaffected by Italian citizenship.
Voting Rights
As a dual citizen, you have voting rights in both countries.
United States: Your U.S. voting rights are completely unaffected by Italian citizenship. You continue to vote in federal, state, and local elections as before.
Italy: Italian citizens abroad who are registered in AIRE can vote in Italian national elections, European Parliament elections, and constitutional referendums. Ballots are mailed to your AIRE-registered address. Italy has dedicated parliamentary seats representing Italians abroad (the Circoscrizione Estero), so your vote directly influences Italian political representation.
Passing Citizenship to Your Children
One of the significant benefits of Italian citizenship recognition is that it extends to your descendants. If you are recognized as an Italian citizen, your children (whether born before or after your recognition) are also Italian citizens by descent, provided the chain of citizenship was not broken. Minor children can be registered at the same time as you. Adult children may need to apply separately depending on the path and the specific consulate’s procedures.
If you are recognized as an Italian citizen, your children’s claims through you follow the same jure sanguinis principles. Professional guidance is recommended for complex family situations.
Practical Considerations
Name differences: Italian records may reflect your name differently than U.S. records (Italianized spellings, different name order conventions). This does not affect your legal identity in either country, but you may want to ensure consistency across your documents.
Property ownership in Italy: As an Italian (and EU) citizen, you have full rights to purchase and own property in Italy without restrictions that apply to non-EU buyers. This can simplify transactions if you are considering buying property.
Healthcare in Italy: If you move to Italy and establish residency, you are entitled to enroll in the Italian national healthcare system (Servizio Sanitario Nazionale). As a non-resident, you can obtain a European Health Insurance Card (EHIC/TEAM) for temporary stays in EU countries.
Working in the EU: Your Italian citizenship gives you the right to live and work in any of the 27 EU member states plus EEA countries without needing a work visa or residence permit. This is one of the most valuable practical benefits of dual citizenship.
Working with PortaleItaly
PortaleItaly helps clients understand the full implications of dual citizenship as part of our comprehensive service. From initial eligibility assessment through citizenship recognition and post-recognition steps like AIRE registration, passport applications, and codice fiscale issuance, we ensure you are set up to enjoy the full benefits of your dual status. Contact us for a free consultation.