Italy offers several pathways to citizenship, each with distinct requirements, timelines, and procedures. For Americans with Italian heritage, citizenship by descent (jure sanguinis) has been the most common route, and since March 2025 it is subject to new limits that every family should understand before starting. This guide covers every pathway in detail, with practical information to help you determine which option applies to your situation and what the process involves.
Citizenship by Descent (Jure Sanguinis)
Italian citizenship by descent is based on the principle of jure sanguinis (right of blood): if your ancestor was an Italian citizen at the time of their child’s birth, and no one in the direct line renounced or lost Italian citizenship before the next generation was born, you may already be an Italian citizen by law. Recognition of this citizenship is not a grant; it is a formal acknowledgment of a right that has existed since birth.
The 2025 Reform: Who Qualifies Today
On March 28, 2025, Decree-Law 36/2025 (the “Tajani Decree“) changed citizenship by descent, and Parliament made the change permanent with Law 74/2025 on May 23, 2025. The law added Article 3-bis to Law 91/1992: a person born abroad who holds another citizenship is now considered never to have acquired Italian citizenship by descent, even if born before the reform, unless one of the following applies.
- Filed before the deadline. An application was filed with a consulate or comune by 11:59 p.m. Rome time on March 27, 2025, an appointment was communicated by that deadline, or a court case was filed by that deadline. These cases are decided under the prior law.
- A parent or grandparent with only Italian citizenship. A parent or grandparent holds, or held at the time of death, exclusively Italian citizenship. In practice this is usually an Italian-born parent or grandparent who never naturalized in another country.
- A parent who lived in Italy. A parent or adoptive parent resided in Italy for at least two consecutive years after acquiring Italian citizenship and before the applicant’s birth or adoption. See our analysis of the two-year residency exception.
Law 74/2025 also created a declaration route for minor children of parents who are Italian citizens by birth, with time limits and, in some cases, a two-year Italian residency condition (see our minors analysis), and a reacquisition window from July 1, 2025 to December 31, 2027 for certain former citizens who were born in Italy or lived there for two years.
Where the Law Stands Now
- April 2026: the Constitutional Court (Sentenza 63/2026) upheld the reform against the challenge raised by the Tribunal of Turin.
- May 2026: the Court of Cassation (Sentenza 13818/2026) reaffirmed that citizenship by descent is a permanent right existing from birth, and held that consular booking barriers that prevented an application from being filed can give grounds for a court claim.
- July 23, 2026: the Constitutional Court (Ordinanza 147/2026) referred the reform’s retroactive exclusion to the Court of Justice of the European Union and suspended the referred cases while Luxembourg decides.
- July 26, 2026: the united sections of the Court of Cassation (Sentenza 24045/2026) confirmed that court claims filed before March 27, 2025 stay under the prior law, resolved the “minor issue” in applicants’ favor, and confirmed that maternal lines are fully equal.
The law is still moving. Follow our citizenship news for each development, and have your specific line assessed before spending money on documents.
The Family-Line Requirements
Whether your case falls under the prior law (filed before the deadline) or fits one of the current exceptions, the line itself must still be proven. The traditional requirements are:
- Your Italian ancestor was alive and an Italian citizen on or after March 17, 1861, the date of Italian unification.
- Your ancestor did not naturalize as a citizen of another country before the birth of the next person in the line. If they naturalized after that child’s birth, the line is preserved.
- No one in the direct line formally renounced Italian citizenship before the next generation was born.
- For lines passing through a woman who had the next child before January 1, 1948, recognition requires a court case (a 1948 case).
Required Documents
The documentary requirements are substantial. You will need the Italian ancestor’s birth certificate from the Italian comune of origin, vital records (birth, marriage, death, and divorce certificates) for every person in the direct line from the Italian ancestor to you, a Certificate of Non-Existence of Naturalization (CNN) or naturalization certificate for the Italian ancestor (obtained from USCIS), and all U.S. documents must be apostilled by the issuing state’s Secretary of State and translated into Italian by a certified translator.
Document gathering is typically the most time-consuming phase. Vital records must be obtained from U.S. county clerks, state vital records offices, or equivalent authorities. Italian birth certificates are requested from the comune where the ancestor was born. For a detailed walkthrough, see our citizenship by descent guide.
Processing Paths
Judicial recognition (the PortaleItaly route): PortaleItaly handles citizenship cases exclusively through the Italian courts. An Italian attorney files the claim, with the Ministry of the Interior as respondent, and you do not need to appear in Italy. For applicants living abroad, the competent court has been, since June 22, 2022, the tribunal with jurisdiction over the birthplace of the Italian ancestor. The court filing fee (contributo unificato) is 600 euros per applicant (see our fee analysis). With a complete document file, court cases typically take about 12 to 18 months; collecting missing documents usually adds 4 to 6 months.
Consular application (from the U.S.): You apply at the Italian consulate with jurisdiction over your state of residence. Appointment availability has long been the bottleneck, with waits measured in years at many U.S. consulates, and consular applications are now subject to the 2025 rules above.
Application in Italy (via comune): Applicants who establish legal residence in Italy can apply at the comune. This route is also subject to the 2025 rules, so it is open only to applicants who fit one of the current exceptions.
1948 Cases: Maternal Line Before 1948
If your line passes through a woman who had the next child in the line before January 1, 1948, consulates and comuni will not recognize the line, because the 1912 citizenship law did not allow women to transmit citizenship. Italian courts have held for decades that this restriction is unconstitutional, and in July 2026 the united sections of the Court of Cassation confirmed that maternal lines are fully equal. Recognition requires a judicial proceeding, filed with the tribunal for the district of the Italian ancestor’s birthplace. A 1948 case filed today must also fit the 2025 rules described above. For full details, see our 1948 case guide.
Citizenship by Marriage
Non-Italian spouses of Italian citizens can apply for citizenship by marriage (jure matrimonii) under the following conditions.
If residing in Italy: you can apply after 2 years of legal marriage (reduced to 1 year if there are children born or adopted by the couple).
If residing abroad: you can apply after 3 years of legal marriage (reduced to 18 months if there are children).
The application is submitted through the Ministry of Interior portal (Portale Servizi). Requirements include a valid marriage certificate, B1-level Italian language certification (CELI, CILS, or PLIDA from an accredited institution), a clean criminal record, and proof of continued marriage at the time of the oath. Processing time is officially 24 months from submission but frequently extends to 36 to 48 months in practice. The Prefettura or Italian consulate handles the final stages, including the citizenship oath (giuramento).
Citizenship by Naturalization (Residency)
Non-EU citizens who have legally resided in Italy for a continuous period can apply for naturalization. For U.S. citizens (non-EU), the residency requirement is 10 years of continuous legal residence. For EU citizens, the requirement is 4 years. For stateless persons or refugees, it is 5 years. For those born in Italy (regardless of parents’ nationality), it is 3 years from the age of 18.
Additional requirements include demonstrable income (minimum thresholds apply, approximately EUR 8,263/year for a single applicant with increases for dependents), B1-level Italian language proficiency, a clean criminal record in both Italy and countries of previous residence, and payment of a EUR 250 application fee.
The application is submitted through the Ministry of Interior portal. Processing takes 24 to 48 months. This pathway is less common for Americans, who typically qualify through descent or marriage, but it applies to those without Italian ancestry who have built a long-term life in Italy.
Citizenship by Birth on Italian Soil
Italy does not follow jure soli (citizenship by birthplace) as the United States does. Being born in Italy does not automatically confer Italian citizenship. However, a person born in Italy to non-Italian parents may apply for citizenship between ages 18 and 19 if they have resided legally and continuously in Italy since birth. This one-year application window is strict, and applications must be filed at the comune of residence before the applicant’s 19th birthday.
Citizenship Through Special Circumstances
Adoption
A child adopted by an Italian citizen acquires Italian citizenship automatically if adopted before age 18 through a process recognized by Italian law. For international adoptions, the adoption must be certified by the Commission for International Adoptions (CAI).
Service to the Italian State
Citizenship can be granted by Presidential Decree to individuals who have performed exceptional service to the Italian state. This is rare and discretionary.
Descent from Pre-Unification Italian States
For ancestors who emigrated before March 17, 1861, citizenship by descent is generally not available through the standard process, as Italy did not exist as a unified nation. However, specific cases involving ancestors from territories that became part of Italy may have options depending on the particular historical circumstances. Legal counsel is recommended for these complex situations.
The Citizenship Oath
All pathways (except jure sanguinis by descent, where citizenship is recognized as always having existed) culminate in a citizenship oath (giuramento di fedeltà alla Repubblica). The oath is taken at the comune (if in Italy) or at the Italian consulate (if abroad). It must be taken within 6 months of receiving the notification of citizenship approval. The oath text affirms loyalty to the Italian Republic and commitment to the Constitution. After the oath, citizenship is officially effective.
Dual Citizenship
Both Italy and the United States permit dual citizenship. Acquiring Italian citizenship does not require renouncing U.S. citizenship, and vice versa. As a dual citizen, you hold full rights and obligations in both countries, including the right to live and work in both countries (and throughout the EU with Italian citizenship), dual passport eligibility, voting rights in both countries, and tax filing obligations in both countries (the U.S.-Italy Tax Treaty prevents double taxation on most income).
After Citizenship: Next Steps
Once citizenship is recognized or granted, the key next steps are obtaining an Italian passport (apply at the Questura in Italy or at the consulate abroad), registering with AIRE (mandatory for Italian citizens residing abroad), and if relocating to Italy, registering residency, enrolling in the SSN, and beginning the process of building your life as an Italian citizen.
How PortaleItaly Can Help
Citizenship by descent now turns on detailed questions: whether a case fits a pre-deadline filing or a current exception, how each generation’s naturalization dates fall, and what the courts are deciding month to month. PortaleItaly assesses eligibility under current law, collects and reviews the records in the U.S. and Italy, and files through the Italian courts with our legal team. As a New York State licensed private investigative agency, we also take on cases where the Italian ancestor or key records are hard to find. Contact us for a consultation.
Frequently Asked Questions
How far back can I go for citizenship by descent?
It depends on when the case was filed. Claims filed before 11:59 p.m. Rome time on March 27, 2025 are decided under the prior law, which had no generational limit. For new applications, Law 74/2025 generally limits recognition to applicants with a parent or grandparent who holds, or held at death, only Italian citizenship, or whose parent lived in Italy for two consecutive years after becoming a citizen and before the applicant’s birth. The retroactive part of the reform is now before the EU Court of Justice.
What if my ancestor naturalized as a U.S. citizen?
The critical question is when they naturalized relative to the birth of the next person in the line. If the ancestor naturalized after the birth of their child, the child retained Italian citizenship, and the line continues. If the ancestor naturalized before the child’s birth, the line may be broken at that point.
How long does the entire process take?
Court cases typically take about 12 to 18 months from filing with a complete document file, and collecting missing documents usually adds 4 to 6 months. Consular applications depend on appointment availability, which has meant waits of years at many U.S. consulates. Citizenship by marriage officially takes up to 24 months from submission and often longer in practice.
Do I need to speak Italian?
For citizenship by descent: no. There is no language requirement. For citizenship by marriage or naturalization: yes, B1-level Italian proficiency is required, demonstrated through an approved certification exam.