When enquiring about the eligibility requirements to apply for Italian citizenship by descent it is not uncommon for many individuals to wonder about the extent to which they will need their family’s cooperation throughout their application process, from retrieving the necessary information to locate their ancestors’ vital records to signing the consular forms which are needed to process a citizenship application (if applying via an Italian consulate). This article will attempt to unpack this topic in order for you to have an understanding of the extent to which you will need your family’s cooperation throughout your journey towards becoming an Italian citizen. In particular, it will do so by addressing the following questions: do other family members need to be involved in your application? If you apply, does your parent through whom you are claiming citizenship have to apply too? Do you need authorization from the individuals in your Italian lineage to apply for citizenship?
Building your family tree and tracing your ancestors
Firstly, in order to determine whether you qualify for Italian citizenship by descent, we will need to study your family tree. While holding as much information as possible regarding your ancestors in your Italian lineage is desirable, our team at ICA can carry out genealogical research for you as part of our free eligibility assessment in order to determine whether you are eligible to apply for citizenship and the best path to do so. In particular, we will need your ancestor’s full names, date and place of birth, marriage and death and your Italian ancestor’s naturalization records, or proof that your ancestor was never naturalized. Some people may hold all of the necessary information because they might have consulted other family members or their parents, whereas others may hold very little information, especially regarding their Italian ancestor’s naturalization; nevertheless, as previously mentioned, if you provide us with your ancestor’s name and approximate date of birth, our genealogy team will carry out extensive research to determine whether your Italian ancestor became a U.S. citizen and when the naturalization occurred, if applicable.
Retrieving the records needed to apply for citizenship by descent
There are various eligibility requirements to apply for the vital records needed for a citizenship application. The rules vary depending on the state which is responsible for issuing the record, on the type of record that is being requested (whether it is a birth, marriage or a death record) and on the date of issuance. Therefore, you may or may not need your family’s cooperation to obtain certain vital records. However, there are some cases in which you may need their help. For instance, if the parent through whom you are claiming citizenship was born in New York State and you need their birth record in order to apply for citizenship, your parent or your grandparent will be the only individuals who are eligible to order a certified copy of the birth certificate. Therefore, if you are estranged from your parent, retrieving their birth record from a state which only allows the registrant to obtain a certified copy of the record might be a potential challenge. Similarly, only one of the spouses or a person with written authorization from one of the spouses can request a marriage certificate from the New York City clerk’s office if the marriage is less than fifty years old. On the other hand, if both spouses are deceased, the applicant will need to provide the spouses’ death certificates. However, there are also some “open record” states such as Ohio, for instance, where vital records are considered to be public records and therefore anyone who can provide a copy of a valid ID and proof of address may request a certified copy. Finally, there are also states such as California, for example, where certified copies of birth records can only be issued to the registrant, or to his/her parent, child, grandparent, grandchild, sibling, or spouse. These are just some examples of the different requirements set by some states and the offices which are responsible for issuing vital records, therefore, it is always worth checking the eligibility requirements to apply for the records before you submit a request to retrieve them.
If the individual whose record you need is part of your Italian lineage and he/she is not willing to retrieve it for you, you might be able to apply for a court order on the grounds that the record is needed in order to prove your right to Italian citizenship by descent. De facto, none of the individuals in your Italian lineage can oppose your right to apply for the recognition of Italian citizenship. On the other hand, if the certificate pertains to an individual who is not part of your Italian lineage but whose record is required by the consulate, you might be able to avoid retrieving it as, by law, the documents needed to process a citizenship application are the ones pertaining to the individuals in the Italian lineage only; nevertheless some consulates might require these records to double-check some pieces of information; in this case, you may explain your specific circumstance to the consulate and they might be lenient. Alternatively, you can file an application at a municipality in Italy as the records pertaining to out-of-line family members are not strictly required.
Do you need authorization from the individuals in your Italian lineage to apply for citizenship?
While you do not need authorization from the individuals in your Italian lineage to apply for citizenship, if you have a living intermediate ascendant (e.g. parent or grandparent) they will need to sign a declaration (FORM 3) stating that they never renounced their Italian citizenship before the Italian authorities in order for you to apply for Italian citizenship by descent. In fact, this declaration is one of the forms that the consulate will require you to submit together with your citizenship application comprising all your family’s vital records. It is worth pointing out that your living Italian ascendant will not receive citizenship automatically based on your application unless he/she wishes to apply for citizenship too. For instance, if you are claiming citizenship via your father who was born in the U.S. from Italian parents, he will need to sign FORM 3 in order for you to be granted Italian citizenship, but he will not be recognized as an Italian citizen unless he wishes to be part of your application. Please note that FORM 3 is only required if you apply for citizenship at an Italian consulate. In other words, this document is not needed if you apply via a municipality or a court in Italy.
Finally, an important aspect which is worth considering is that if you apply for Italian citizenship while your children are minors, you will need a copy of their other parent’s birth certificate and your marriage certificate. If you are divorced you will also need your divorce decree and a case summary or a certificate of No Appeal in order to provide the Italian authorities with evidence that no appeal was filed after the judgement. Furthermore, as per Italian law, your spouse will need to sign a consent form for yourself and your minor children to formally apply for a passport after you have been granted Italian citizenship.
Final remarks
In conclusion, this article has sought to shed light on the extent to which you will need your family’s cooperation in the process of applying for Italian citizenship by descent. If you would like a free eligibility assessment or further information about this topic, do not hesitate to contact us at [email protected]. We will be happy to help you.
