Italian Citizenship by Paternal Descent
Applying for Italian citizenship by paternal descent can be a rewarding process, offering U.S. residents the opportunity to reclaim their Italian heritage and gain access to EU benefits. This guide will walk you through the eligibility requirements, necessary documents, and court process for obtaining Italian citizenship by paternal lineage.
Phase 1
Eligibility for Italian Citizenship by Paternal Descent for U.S. Residents
To qualify for Italian citizenship by paternal descent, U.S. residents must prove a direct lineage to an Italian ancestor, typically a father, grandfather, or great-grandfather, who was born in Italy. Here are the main eligibility requirements:
- Direct Italian Ancestry: Your paternal ancestor must have been born in Italy and not renounced Italian citizenship before the birth of the next generation.
- Uninterrupted Lineage: You need to provide documentation showing an unbroken paternal line leading to yourself.
Required Documents for Italian Citizenship by Paternal Descent
When applying for Italian citizenship by paternal descent, U.S. residents must prepare several key documents. Each document must be certified and, if required, translated into Italian.
Basic Document Checklist
Here is a list of essential documents commonly needed for this process:
Great-Grandfather (Italian-born ancestor):
- Birth or Baptism (in Italy)
- Marriage (in America or Italy)
- Death
- Naturalization Certificate (positive or negative)
Father::
- Birth
- Marriage
- Death (if deceased)
Grandfather
- Birth
- Marriage
- Death (if deceased)
Applicant (You):
- Birth
- Marriage (if married)
Assistance with Document Retrieval
At Pro Italian Roots, we help U.S. residents gather the required records, retrieving documents from Italian communes, churches, and American archives. This step ensures all documents meet the court’s standards.
Phase 2
Court Process for Italian Citizenship by Paternal Descent
The Italian court process allows U.S. residents to apply for citizenship without consulate appointments, which often have long waiting times. Here’s how the court process works:
Why Choose the Court Process?
Many U.S. residents opt for the court route because consulate appointments can be nearly impossible to secure due to lengthy wait times. Italian law allows applicants to proceed through the courts if they can prove that waiting for a consulate appointment infringes on their rights.
Court Application Steps
- Hire an Italian Attorney: An Italian attorney can represent you in court and manage the documentation process.
- Submit Required Documents: All documents are submitted to the court in Italy, where they are reviewed.
- Attend a Court Hearing (via your attorney): Your attorney will attend the hearing on your behalf, so you don’t need to travel.
Court Timeline for U.S. Applicants
The entire court process can take between 18 and 24 months, depending on the case complexity and the court’s schedule. This option is often faster than waiting for consulate appointments.
Ensure that you have screenshots as evidence of your inability to secure an appointment. However, please note that this information does not constitute legal advice, and your situation may vary. It is advisable to engage the services of a lawyer to represent you in court.
We understand the frustration that comes with the waiting period.
After months of document preparation, it can be disheartening not to secure a citizenship appointment.
But don’t lose hope, as we can assist you.
We know how to finalize your Italian citizenship application through descent and have a detailed solution to offer.
You can still apply for Italian citizenship even if you have been unable to schedule an appointment at the Italian Consulate.
The alternative is to apply for Italian citizenship through the Italian court system. Once all the necessary documents are prepared, the lawyer will submit the application to the appropriate Italian court. The judge will review the documents and make a determination regarding your eligibility for Italian citizenship by descent. The Advantage of applying through the court is that you do not need to travel to Italy. We can handle the application process on your behalf. As this is a judicial process, an Italian lawyer can assist and represent you. The court hearing is typically scheduled within 6 to 12 months. During the hearing, the judge will review all the documents and evidence of your Italian heritage. A decision on your Italian dual citizenship will be made within a few weeks after the hearing.
Get help from experienced and qualified professionals
Our lawyer has successfully obtained numerous positive rulings, even with waiting times longer than those specified by Italian law.
Please remember that all the information provided is for informational purposes only and does not constitute legal advice.
