|
The IACCGP is here to help with the process of your acquisition of dual citizenship. We have compiled some important rules and regulations below.
Regulation topics covered below (click link to jump to that topic):
Acquisition of Dual Citizenship
Requisites for the acquisition of Italian Citizenship
By law the Italian citizenship will be granted for one of the following reasons:
1) Citizenship by birth.
The Italian citizenship is granted by birth through the paternal line (with no limit on the number of generations) or through the maternal line (for individuals born after January 1, 1948).
U.S. citizens of Italian descent born in the United States can apply for Italian citizenship if:
A) Their father was an Italian citizen at the time of their birth and they never renounced their right to Italian citizenship.
B) Their mother was an Italian citizen at the time of their birth, they were born after January 1st, 1948 and they never renounced their right to Italian citizenship.
C) Their father was born in the United States, their paternal grandfather was an Italian citizen at the time of their father's birth, neither they nor their father ever renounced their right to Italian citizenship.
D) Their mother was born in the United States, their maternal grandfather was an Italian citizen at the time of her birth, they were born after January 1, 1948 and neither they nor their mother ever renounced their right to Italian citizenship.
E) Their paternal or maternal grandfather was born in the United States, their paternal great grandfather was an Italian citizen at the time of his birth, neither they nor their father or did their grandfather ever renounce their right to Italian citizenship.
Please note: a grandmother born before 01/01/1948 can claim the Italian citizenship only from her father and can transfer it to descendants after 01/01/1948. "Italian citizen at the time of birth" means that he/she did not acquire any other citizenship through naturalization, before the descendant's birth.
2) Citizenship by marriage.
A foreign woman who married an Italian citizen prior to April 27, 1983, has automatically acquired Italian citizenship after the registration in Italy of her birth certificate.
The foreign husband or wife of an Italian citizen can apply for citizenship through the “Prefetto” if he or she has established residence in Italy for six months. Foreign nationals residing abroad may apply for Italian citizenship by virtue of marriage to an Italian citizen so long as they have been married for at least three years.
3) Reinstatement of citizenship.
Italian citizens who were naturalized in the United States prior to August 15, 1992, implicitly renouncing to their Italian citizenship, can reinstate it by establishing legal residency in Italy.
click here to return to the top of the page.
Acquisition of Italian Citizenship by Birth
A) Your father was an Italian citizen at the time of your birth and you never renounced your right to Italian citizenship.
You must obtain the following documents, all in original:
1) Your father's birth certificate (the birth certificate must be either in "formato internazionale", or in "estratto per riassunto" showing his father and mother's names);
2) Your mother's birth certificate;
3) Your parents' marriage certificate (if the marriage took place in the U.S.A., you must obtain a "certified copy" of the license and certificate and an APOSTILLE from the Secretary of State of the State in which it was issued);
4) Your father's certificate of naturalization, or his Italian passport and green card. If it is not available, you must request a statement from U.S. Immigration and Naturalization Service in Washington, D.C. (425 I street NW, 2nd floor - ULLICO Building Washington, D.C. 20536, tel. 1-800-375-5283) and from the County in which he resided. Statement must show his 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 (or, if a legal alien, his green card number). If the research shows no record, you are requested to double check with the "National Archives" at http://www.nara.gov requesting a full research under his name and nicknames, possible dates of birth which he may have declared. If the record is found, you will obtain from National Archives a certified copy of his "petition for naturalization" and "oath of allegiance";
5) Death certificate (if it applies);
6) US Passport and driver’s license;
7) Your birth certificate (you must obtain a "certified copy” or "full form" or "long form", with an APOSTILLE from the Secretary of State of the State in which it was issued).
Please note: US certificates must be in certified copy a.k.a. long form or full form. Certificates reporting only the County of birth can not be accepted. You must request the Vital Statistics Authority to state the city of birth.
Check all documents word by word to make sure that there are no discrepancies or changes in the names, last names, dates and places of birth. All documents issued outside Italy must bear the name or family name of the interested parties exactly as issued on the original Italian birth certificate. All variation or errors must be corrected with an official affidavit to amend a record to be requested from the Vital Statistics Office that issued the document or with other appropriate official document.
Please be aware that if your father became a naturalized U.S. citizen before your birth, you are not entitled to Italian citizenship unless you fit into another category.
B) Your mother was an Italian citizen at the time of your birth, you were born after January 1st, 1948 and you never renounced your right to Italian citizenship.
You must follow the instructions listed above (A) but in regards to your mother.
Please be aware that if your mother became a naturalized U.S. citizen before your birth, you are not entitled to Italian citizenship unless you fit into another category.
C) Your father was born in the United States, your paternal grandfather was an Italian citizen at the time of your father's birth, neither you nor your father ever renounced your right to Italian citizenship.
You must obtain the following:
- Your paternal grandfather's birth certificate;
- Your paternal grandmother's birth certificate;
- Your grandparents' marriage certificate;
- Your grandfather's certificate of naturalization;
- Your father's birth certificate;
- Your mother's birth certificate;
- Affidavit that your father never renounced the Italian citizenship before any Italian authority. If applies, please ask him to sign his own affidavit. Signature must be notarized. Copy of his passport and driver license are requested;
- Your birth certificate;
- Any pertinent death certificate/s or grandfather/father's current address/es;
- Your affidavit that you have never renounced the Italian citizenship before any Italian authority.
Please note: US certificates must be in certified copy a.k.a. long form or full form. Certificates reporting only the County of birth can not be accepted. You must request the Vital Statistics Authority to state the city of birth.
Check all documents word by word to make sure that there are no discrepancies or changes in the names, last names, dates and places of birth. All documents issued outside Italy must bear the name or family name of the interested parties exactly as issued on the original Italian birth certificate. All variation or errors must be corrected with an official affidavit to amend a record to be requested from the Vital Statistics Office that issued the document or with other appropriate official document.
Please be aware that if your grandfather became a naturalized U.S. citizen before your father's birth, you are not entitled to Italian citizenship unless you fit into another category.
D) Your mother was born in the United States, 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 right to Italian citizenship.
You must obtain the following:
- Your maternal grandfather's birth certificate;
- Your maternal grandmother's birth certificate;
- Your grandparents' marriage certificate;
- Your grandfather's certificate of naturalization;
- Your father's birth certificate;
- Your mother's birth certificate;
- Affidavit that your mother never renounced the Italian citizenship before any Italian authority. If applies, please ask her to sign his own affidavit. Signature must be notarized. Copy of her passport and driver licence are requested;
- Your birth certificate;
- Any pertinent death certificate/s or grandfather/mother's current address/es;
- Your affidavit that you have never renounced the Italian citizenship before any Italian authority.
Please note: US certificates must be in certified copy a.k.a. long form or full form. Certificates reporting only the County of birth can not be accepted. You must request the Vital Statistics Authority to state the city of birth.
Check all documents word by word to make sure that there are no discrepancies or changes in the names, last names, dates and places of birth. All documents issued outside Italy must bear the name or family name of the interested parties exactly as issued on the original Italian birth certificate. All variation or errors must be corrected with an official affidavit to amend a record to be requested from the Vital Statistics Office that issued the document or with other appropriate official document.
Please be aware that if your grandfather became a naturalized U.S. citizen before your mother's birth, you are not entitled to Italian citizenship unless you fit into another category.
E) Your paternal or maternal grandfather was born in the United States, your paternal great grandfather was an Italian citizen at the time of his birth, neither you nor your father nor your grandfather ever renounced your right to Italian citizenship.
You must obtain the following:
- Your paternal great grandfather's birth certificate (from Italy);
- Your paternal great grandmother's birth certificate;
- Your great grandparents' marriage certificate;
- Your great grandfather's certificate of naturalization;
- Your paternal grandfather's birth certificate;
- Your paternal grandmother's birth certificate;
- Your grandparents' marriage certificate;
- Affidavit that your grandfather never renounced the Italian citizenship before any Italian (see above);
- Your father's birth certificate;
- Your mother's birth certificate;
- Affidavit that your father never renounced the Italian citizenship before any Italian authority (see above);
- Your parents' marriage certificate;
- Your birth certificate;
- Any pertinent death certificate/s or grandfather/father's current address/es;
- Your affidavit that you have never renounced the Italian citizenship before any Italian authority.
Please note: US certificates must be in certified copy a.k.a. long form or full form. Certificates reporting only the County of birth can not be accepted. You must request the Vital Statistics Authority to state the city of birth.
Check all documents word by word to make sure that there are no discrepancies or changes in the names, last names, dates and places of birth. All documents issued outside Italy must bear the name or family name of the interested parties exactly as issued on the original Italian birth certificate. All variation or errors must be corrected with an official affidavit to amend a record to be requested from the Vital Statistics Office that issued the document or with other appropriate official document.
Please be aware that if your great grandfather became a naturalized U.S. citizen before your grandfather's birth, you are not entitled to Italian citizenship unless you fit into another category.
click here to return to the top of the page.
Acquisition of Italian Citizenship by Marriage to an Italian Citizen
The foreign spouse of an Italian citizen can apply for the Italian citizenship to the competent "Prefettura" after 6 months of legal residence in Italy or, if residing abroad, to the competent Consulate after 3 years from the date of the marriage.
The first formal qualification in order to apply is the registration in Italy of the marriage certificate.
The application will have to be filled at the Italian Consulate prior appointment accompanied by the following documents:
(your responsibility)
- valid passport of both spouses;
- proof of residency (ex. Driver’s license and/or utility bill)
- birth certificate with all information concerning the father and the mother, issued by the competent authorities of the Country of birth and legalized according to the rules established by the competent Italian Consular authority (individuals born in the USA shall bring the “Long Form” or “certified copy” of birth record, legalized with Apostille);
- criminal records issued by the Police Authorities located in the applicant's:
- place of birth
- places of residence where one has resided after the age of 14.
- If place of residence was abroad you must contact the local Italian Consulate.
- To get the criminal record: background check issued by Federal Bureau of Investigation, CJIS Division – Attn. SCU-MOD/D2 – 1000 Custer Hallow Road, Clarksburg, West Virginia 26306 – Tel (304) 625-3878, http://www.fbi.gov/, and by the Central Police Office of each State of residence. Contact your local police station.
- Those who have lived for at least six months in Italy will also have to submit:
- Certificato Generale del Casellario Giudiziale (Tribunale di Roma);
- Certificato dei Carichi Pendenti (Procura della Repubblica presso il Tribunale competente per il territorio di residenza)
- marriage certificate (estratto di matrimonio to be issued by the City in Italy where the marriage was registered);
(provided by the Consulate of Italy)
- certificate of citizenship for the Italian spouse;
- declaration signed by the Italian spouse about residency and family status.
Please note: any document (originals and/or certified copies thereof) in a language other than Italian must be accompanied by a certified (notarized) translation into Italian, authenticated by a Diplomatic or Consular Authority of the Country where the certificates were issued.
Furthermore, the certificates of good conduct must be certified with an Apostille.
All original documents have to be submitted along with three copies of each.
click here to return to the top of the page.
Reacquisition of the Italian Citizenship
Pursuant to art. 13 letter c) of Statute n. 91/1992, Italian citizenship can be regained by establishing legal residency in Italy. In order to attain said residency, it’s necessary to apply for a visa at the New York General Consulate and present to the Vice Consulate of Italy in Newark the following documents which will be forwarded to the Comune where the citizenship will be handled:
- birth certificate
- marriage certificate if applicable
- naturalization certificate
- U.S. passport
- proof of residency (ex. utility bill).
Click here to return to the top of the page
|
