This segment will address a frequently asked question in relation to Italian citizenship by descent applications: Can DNA testing be used to build a citizenship case? Here we will answer that question, as well as explain how a viable citizenship claim is made.
Eligibility criteria
As a general rule, in order to qualify for Italian citizenship by descent, you must demonstrate an unbroken line of descent from your Italian-born ancestor to you, which will include all family members in that line. You must evidence your direct lineage to an Italian ancestor who was born in Italy (or who was alive) after March 17, 1861, and show proof that neither you nor any of your ancestors in the direct line of descent ever renounced their Italian citizenship.
In respect of Italian-born female ancestors born before January 1, 1948, their child must have been born after that date in order to be eligible for the transfer of citizenship.
See here for more information on eligibility requirements.
How to prove eligibility
One of the most fundamental and important aspects of building a citizenship claim is to locate the documents that demonstrate your relation to the Italian-born ancestor. These documents, such as birth, marriage, divorce, and death certificates are known as vital records, and will also include naturalization certificates, and records that prove your ancestor never naturalized or when he/she naturalized. Vital records are essential in building a case because they are evidence that support your claim that you are a descendant of an Italian ancestor; and therefore prove your direct lineage to your Italian ancestor, and validate your citizenship claim. With this considered, there is no role for DNA testing in the retrieving and collating of the vital records and documents required to make a citizenship claim. It is only by presenting the documents that meet the criteria that your application will be accepted as a viable claim.
In the initial stages, building a case will involve exploring census records, which will help locate the vital records of your Italian ancestors, as well as those of your intermediate ascendants born in the U.S. Census records contain important immigration and citizenship information about your ancestor, such as family names, dates of birth, country of origin, year of immigration and naturalization status. They may also show other important data, such as the date the ancestor married in the U.S. or Italy.
Not only census records, but also ship manifests, alien files and citify directories help locate vital records, and this preceeds the process of retrieving the documents. The information contained in the aforementioned records is imperative when building a case because it lists the history of your ascendants, and shows your direct relationship to them.
In addition to this, census records often list the citizenship status of those born outside the U.S., as well as information relating to if/when your ancestor was naturalized, which is fundamental in determining your eligibly for citizenship by descent.
Census records, alien files and naturalization records can also be vital when determining which ancestor to use when applying for citizenship by descent. For example, if in your research you discover that you have an Italian-born male ancestor who naturalized before the birth of the next individual in the line, you know you must explore a different pathway to citizenship. For example, seeking to apply through an Italian-born female ancestor who gave birth to her child before January 1, 1948, in which case the citizenship claim could be filed via the court system.
Making an application
Once you have established that you qualify for Italian citizenship by descent, you will need to retrieve the vital records that need to be sent with your application. Irrespective of whether you intend to apply at an Italian consulate in the United States, a municipality in Italy, or via a court case, you must submit all records in relation to you, your ancestor, and each person in your Italian line of descent. Certain Italian consulates also require vital records (birth and death) of the spouses of individuals in the Italian lineage. Birth certificates prove the identity at birth of the individuals in your Italian line as well as indicate the name of the parents. Marriage records, on the other hand, prove the exact date of marriage, as well as the automatic legitimacy of the children born within wedlock. Finally, death certificates can be useful to prove that a person was a widow and could legally get remarried.
The next phase is requesting the certified copy, which can be done by mail or email. It may even be possible to make a request by phone or attend a walk-in service. However, the process will vary depending on the state, and so it is always necessary to check with the relevant department. The application form itself can be accessed via the state department website, and you will be asked to present acceptable copies of identification and others that prove your relationship to the person you have requested the document for. For a citizenship claim, certified, long-form copies of records are required.
Processing times to release records will vary depending on the state or county, and can range from a few days to several weeks.
DNA Testing
As mentioned above, a DNA test per se is not sufficient proof of relationship between two individuals (for instance to establish the relationship between a child and a biological parent). A DNA test alone cannot be used as part of a citizenship application when certain vital records are missing.
However, a DNA test could be used as part of a legal proceeding to judicially establish paternity and to have the name of the father added to a birth certificate, if certain conditions apply.
This segment has outlined the steps needed to make a citizenship claim, and highlighted the importance of retrieving vital records when building a case to make a citizenship claim. In doing so, it has clarified that DNA testing has no direct role in building a citizenship by descent case.
If you have any questions or would like to learn more about applying for Italian citizenship, you can contact us directly and one of our friendly experts will be in touch to answer your questions.
