It is very common for individuals of Italian descent to have more than one ancestor who was born in Italy. A frequent question that we are being asked is: which ancestor should I choose to claim citizenship?
Jure Sanguinis case vs. 1948 case
The “1948 rule” is relevant to you if you are claiming citizenship through a female Italian-born ancestor who gave birth to a child before January 1, 1948. The same rule applies if you have a female intermediate ascendant (born in the U.S.) whose child was born before January 1, 1948. This is because 1912 Italian citizenship law permitted only men the right to pass citizenship on to their children, which remained the law until the advent of the Italian Constitution. The Italian constitution came into effect on January 1, 1948, and granted women the same right as men, and meant children could inherit citizenship from their Italian-born mother. If you are a descendant of a female ancestor who falls under the 1948 rule you can apply for Italian citizenship retrospectively by filing a lawsuit on the basis that 1912 law does not uphold the principles of equality set forth in the Italian Constitution. In such cases you can apply to have your citizenship recognized by filing a case at court in Italy thanks to a 2009 Supreme Court Ruling. Furthermore, due to a recent change in law 1948 cases are to be filed at the court in the capital of the region where the ancestor was born. 1948 cases do not require that you be physically present in Italy
If your case does not fall in the above categories it is a “traditional” jure sanguinis case which means your case is to be filed via the competent Italian consulate (for individuals residing abroad) or via an Italian municipality (for individuals residing in Italy). For a list of consulates in the U.S. and respective jurisdictions see here.
Which ancestor should I choose if I have more than one?
It is not uncommon for individuals of Italian descent to have more than one ancestor who was born in Italy. As a general rule it is important to carefully assess one’s eligibility for Italian citizenship through the various ancestors, as having an ancestor who was born in Italy is not sufficient to qualify for Italian citizenship. In fact, if your ancestor who was born in Italy was naturalized before the next individual in the Italian line was born, the line of descent is interrupted, and such ancestor cannot be “used” to claim citizenship. A further requirement is that your Italian-born ancestor was alive, or born after, March 17, 1861, when Italy unified as a nation.
It is important to note that one disqualifying ancestor does not prevent an individual to qualify for citizenship via a different ancestor. In the event that there is more than one qualifying ancestor, it is advisable to consider the following scenarios.
Ancestor who naturalized when child was minor
If you submit a case through an Italian ancestor who never naturalized, or became naturalized when his/her child was an adult, the chance of having your citizenship granted is higher compared to if you apply through an ancestor who naturalized when his/her child was still a minor (prior to 1975 the age was 21 in Italy). This is because certain courts deemed that the child automatically lost his/her right to Italian citizenship once the parent became a naturalized U.S. citizen. Therefore, if you have the option of going through another ancestor, one who never naturalized when their child was minor, it would avoid this potential issue. With that said, many of such rulings rendered by the Civil Court of Rome have been successfully challenged through the Appellate Court. For more information on minors see a related article here.
Please note that the age of the child at the time in which the ancestor naturalized is NOT relevant if you apply via an Italian consulate or Italian municipality.
Accuracy of records and avoiding discrepancies
Filing a citizenship via a consulate case involves submitting certified copies of all the vital records relating to your family that demonstrate your line of descent and direct link to your Italian-born ancestor.
In respect of the ancestor in that line, you need to provide birth certificates from the comune (townhall) in the place where they were born, as well as marriage and death certificates (where applicable). You will also need to include (if applicable) copies of naturalization records, or evidence that the ancestor was never naturalized. It is also important to note that vital records need to have an Apostille attached, and all must be translated into Italian. The exception being any U.S. document relating to the naturalization status of your ancestor. Please note that several Italian consulates also require vital records for the individuals married to the individuals in the Italian line. Alternatively, if you apply for citizenship through court, records relating to family members who are not direct ancestors are not always required, and this makes the process faster on account of there being less vital records to retrieve.
With the above considered, in choosing which ancestor to apply through, having all the vital records without discrepancies is a key factor, as discrepancies or amendments will require an official “affidavit to amend a record”, and this means submitting a formal request to the vital statistics office responsible for issuing the document. Such events will inevitably cause delay in your application and the process. Therefore, it is generally advisable, when possible, to choose the family line whose vital record documents present the least number of name discrepancies.
Cooperation from family
A further factor to consider is that every U.S. state has their own regulations, which might mean that to access vital records for the individuals in your family line you might need increased cooperation from your immediate and/or extended family. For example, if the parent through whom you are claiming citizenship was born in New York State, and you need their birth certificate, the only relatives permitted to order a copy would be your parent or your grandparent. For more information about the importance of family cooperation when retrieving documents please see here. With the above considered, choosing a line of descent whereby you are confident that you can retrieve and gather all of the documentation pertaining to your ancestors is important and fundamental when you are assessing the information in order to decide what the best pathway is for you to become an Italian citizen.
If you qualify both for a 1948 case and a jure sanguinis case
If you qualify for both processes you should choose the viable family line that allows you to apply via a consulate or Italian municipality. In fact, in some proceedings it has been objected by the Italian Ministry of Interior that an individual should always attempt to apply via an Italian consulate or municipality first. However, that does not automatically mean that a judge would accept such objection as there is no law that stipulates you must do so. Also, it must be noted that certain consulates have long wait times for a citizenship appointment and if such wait time exceeds 24 months the applicant is entitled to petition an Italian court even if they have a “traditional” jure sanguins case. In this respect, going via a court is arguably more time effective. With that said, an advantage of going through the consulate is that often there is no need to get the translations of your documents certified.
This article has discussed 1948 and jure sanguinis cases, and factors to consider when determining which ancestor you should pursue your Italian citizenship claim through. If you would like to know more about our services and how we can assist you, please visit our homepage, or contact us directly and one of our friendly experts will be in touch.
