The right to apply for Italian citizenship by descent was introduced in 1912 when the Italian government passed the Law 555/1912, which granted individuals of Italian descent who were born abroad the right to apply for Italian citizenship, provided that they met the requirements established by the law. In recent years the number of individuals seeking the recognition of their Italian citizenship has increased exponentially due to a variety of factors, such as increased global mobility and political instability in certain countries. This is especially true in Brazil and Argentina, for instance, which experienced huge European immigration waves in the 19th century with most immigrants coming from Italy. Interestingly enough, in the past few years, the benefits associated with Italian citizenship and the possibility of reconnecting with one’s family history and roots have sparked an unprecedented interest in Italian citizenship in the United States, which experienced one of the largest Italian voluntary emigration waves recorded in world history. In particular, in the last couple of years, the volume of applications in the United States has hindered many Italian consulates’ ability to process applications as swiftly as they did in the past. So how long does it take to be recognized as an Italian citizen? Can you expedite the application process? This article will answer these questions and explain how you can file a court case due to some consulates’ extended waiting times, and obtain Italian citizenship jure sanguinis.
Preparing an application for Italian citizenship: where to apply
If you meet the eligibility requirements to apply for citizenship you may file an application at an Italian consulate or at a municipality. While applying for citizenship directly in Italy is generally faster, the process requires that you establish your residency in Italy for a certain period of time. If you cannot move to Italy you will need to apply via an Italian consulate. If you reside in the U.S., you will need to submit your application at the Italian consulate that covers the jurisdiction where you reside. For instance, if you reside in the state of Florida, Georgia, Puerto Rico, Alabama, Mississippi or South Carolina, you will need to apply at the Italian consulate in Miami. On the other hand, if you reside in the northern part of California (except the counties which fall under the jurisdiction of the consulate in Los Angeles), you will need to apply at the consulate in San Francisco. Click here to view a list of the Italian consulates in the U.S. and their respective jurisdictions.
When you prepare an application you will need to double-check the requirements listed on the consulate’s website and make sure that you have the necessary vital records legalized with Apostilles and translated into Italian. In order to book an appointment with the consulate you will need to register with the consulate’s online booking system called Prenot@mi, and click on the button “Domanda di Cittadinanza per Discendenza”(application for Italian citizenship by descent). But what happens if there are no available dates or if the appointment is scheduled in more than 24 months from the date on which you are trying to make your reservation? What if you have been trying to book an appointment for weeks but you cannot schedule one? In these cases, you may consider filing a court case as a result of the Italian consulate’s inability to provide its services in a timely manner due to a number of bureaucratic constraints which are linked to the outbreak of the health emergency. As a matter of fact, citizenship applications via court cases have become very popular in recent years because, in certain cases, the process to be granted citizenship is faster than if you apply via a consulate. However, it is also worth pointing out that the health emergency has introduced new ways of processing requests in the United States: many consulates, for instance, have started to process citizenship applications via mail. Others have replaced in-person appointments with short interviews conducted over the phone, and they require applicants to submit their application electronically first and then mail their citizenship kits after their online submission has been assessed.
Filing a court case due to extended waiting times
When the health emergency broke out in 2020, many consulates suspended their operations. This, combined with the backlog of applications they experienced when they re-opened, has resulted in many applicants across the U.S. having to wait lengthy periods of time before they can book an appointment. By law, the Italian Ministry of the Interior’s waiting and processing times should not exceed 24 months, therefore, if you are struggling to book an appointment or your appointment is scheduled in more than two years’ time, you may consider filing a judicial proceeding. This also applies if the consulate has exceeded the two-year timeframe, which the consulate is granted by law to process your application and provide you with an outcome.
How to file your court case
A court case can be filed against the Italian Ministry of the Interior on the grounds that your consulate has exceeded the waiting time limit it is allowed by law. In order to support your argument, you will need to provide evidence of your failed attempts to book an appointment or written proof from the consulate stating that there are no available appointments. In order to file a lawsuit your citizenship application will need to be complete and the translations into Italian of all the documents will need to be certified in court. Generally, a translator will need to appear before a court official and swear that the translations respect the original content and that they are accurate. The cost to certify the translations is dependent on the number of revenue stamps that are needed to certify each translation. On average, this varies between €200 and €500. Additionally, and contrary to filing an application via an Italian consulate, if you file a lawsuit, you will also need to translate the apostilles into Italian. More information about translating vital records can be found here. It is worth pointing out that you do not need to travel to Italy to attend your hearing; in fact, you can sign a Power of Attorney and delegate an attorney to represent you and file the lawsuit on your behalf. Once your case has been filed, it will be assigned to a judge and when he/she schedules the hearing they will examine all your records, and if no additional documents are required, you will be granted citizenship.
What happens once you are granted Italian citizenship?
Once the court provides you with the final judgment you will need to forward it to your Italian ancestor’s municipality of birth in order for it to be registered there along with your vital records. The municipality will also register you with the A.I.R.E. (Registry of Italian Citizens Residing Abroad) and you will be able to apply for an Italian passport at the Italian consulate that covers the jurisdiction where you reside. In order to apply for a passport, you will need to sign a form and provide a valid form of ID, two passport-sized photographs and a passport fee. It is worth pointing out that if you apply with your minor children, as per Italian law, you will need your spouse’s consent in order for them to be issued a passport.
In conclusion, if you are ready to submit your application but you cannot book an appointment, or if you have submitted an application and the consulate has exceeded the processing time it is granted by law, feel free to contact us at [email protected]. We will assess your case and provide you with the best course of action to be recognized as an Italian citizen. If you would like more information about Italian citizenship by descent and you are curious to find out whether you qualify, contact us for a free eligibility assessment!
