Claiming Italian Citizenship "Jure Sanguinis": How I Became Legal in Italy
A while back when I asked you for questions to help me fill out a meme, Robin of My Melange asked if I’m legal here in Italy, whether I have always been, and what that process has been like for me.
Excellent question!
First let me say that I *am* legal. I have dual American/Italian citizenship in fact, and yes, I will explain.
For those who don’t know, an American citizen can stay in Italy legally for up to three months without any kind of visa or stay permit–although do check for most recent regulations if you’re planning on coming as they change often.
Your local Italian consulate or embassy is the best bet for this information. Generally, though, if you’re just coming on vacation, you don’t have anything to worry about. Citizens of other countries should check laws specific to them as rules differ greatly depending on home country.
I am lucky to have qualified for Italian citizenship through my family’s Italian bloodline, which is known as jure sanguinis or jus sanguinis, i.e., the law of the blood.
There are many complicated, sometimes counterintuitive rules to determine whether you qualify, which you can read more about here, but essentially, you must trace an unbroken line (no renouncement or loss of Italian citizenship) back to the last ancestor who was registered as a citizen in Italy, often the last ancestor who lived here.
For me, it was my great-grandfather, and it wasn’t an easy process for me to gather all the required documents, including marriage, birth, and death certificates for everyone in the line of Italian heritage (my great-grandfather, grandmother, father, me).
My biggest hurdle was that my great-grandfather had changed his last name without even telling anyone, so it took some digging to first find the correct last name before I could gather documents. Needless to say, my great-aunt was surprised to find out her real last name after nearly 80 years of the changed version. Ellis Island’s passenger records search was an invaluable resource to me during this part of the process.
And, on the extremely bright side, because my great-grandfather had lost his alien registration card around the time of World War II, I got to see a photo of him for the first time from the government’s records when I requested records to confirm that he had never become a US citizen; there was also a photocopy of the original letter requesting the new card in my great-aunt’s handwriting in the file, which was pretty cool to see as well.
After that, getting everything in order wasn’t too difficult–just a lot of writing and phoning to Vital Records departments across a couple of states and communicating with one comune in Italy, which doesn’t happen to be the one I live in.
One of the rules you need to watch out for in determining eligibility is the fact that women couldn’t pass on Italian citizenship until January 1, 1948, which means that I couldn’t go through my great-grandmother, who was born in 1898 about ten minutes from where I live. Oh no. Instead I had to go through her husband, my great-grandfather, who came from a small village in Campania, several hours north of here.
Luck was on my side, though, when my father was born just three months after the 1948 date–had he been born in 1947, I wouldn’t have been eligible for Italian citizenship at all as my grandmother is the only Italian line I could follow. Indeed, my aunt, who was born five years before my dad, is *not* eligible for Italian citizenship and neither are her children.
See what I mean about complicated rules?
After much paperwork gathering, I was finally ready to apply to have my citizenship recognized in April of 2004 in Philadelphia, which I did with my dad (at the time, they told me that he had to apply too but the consulates seem to have changed that requirement), and then I came back to Italy. I had already been here for a six-month stint before that and had only gone back to America to finalize things to stay here more permanently.
So after I was back in the Bel Paese beyond three months, technically, I was illegal here, but I always figured that if I happened to get stopped by the carabinieri, I could talk my way around things without much difficulty. This did, in fact, happen, after I had been here already for two years–not that I’m encouraging anyone else to follow my footsteps! I’m just reporting events as they happened.
Note that had all of this been taking place now, though, there are provisions in place for someone like me to be here legally until the process is finished; now you can get a special stay permit while waiting for the recognition of Italian citizenship jure sanguinis (permesso di soggiorno in attesa di cittadinanza).
As far as I know, for this permit to apply, though, you must apply in Italy, but an even further upside to applying in Italy is that you will most likely cut out a lot of the wait often encountered in US consulates, which can be several years long (my father’s wait was only one year and mine was just two, but many more applications have been filed since 2004). Whether you can legally work or not with this permit, though, seems to vary, so that’s definitely something you want to check on.
If you are interested in coming to Italy to apply for recognition of Italian citizenship jure sanguinis, I highly suggest looking for more information on the Expats in Italy forum as several members have gone through this and are always willing to answer questions.
So my Italian citizenship was finalized in September 2006, and now I have dual American and Italian citizenship, which means I can vote in Italian and European Union elections, live, work, and travel freely in the EU, and enjoy all of the responsibilities and privileges of any Italian citizen without losing my American citizenship–including a pension from each country when I retire assuming I pay into each system (and I do) and that either of them have any money left when that time comes (boh).
If you’re wondering about the United States’ position on dual citizenship, read about it here. Again, if you’re not American, please investigate your country’s policy on dual citizenship before pursuing anything.
A lot of people ask about the negatives of dual American/Italian citizenship; the only potential downside I’ve found is that one *could* be denied security clearance if desiring to work for one government or the other; this would be on a case-by-case determination.
And that’s how I became legal in Italy and had my Italian citizenship jure sanguinis recognized.
For me, pursuing dual American/Italian citizenship has been one of the best decisions I’ve ever made, and if I can help anyone along in this process, I’m more than willing. So if you have questions on your particular situation, please feel free to contact me here.
Viva l’Italia–e l’America!
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Technorati Tags: citizenship, dual citizenship, italian citizenship, italian/american dual citizenship, jure sanguinis, jus sanguinis, genealogy, ellis island
71 Beans of Wisdom to “Claiming Italian Citizenship "Jure Sanguinis": How I Became Legal in Italy”
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*Cheeky, you’re a true woman of the world! I just love learning things about family history, anyone’s family history really…so keep me posted
*Paolo, I like that Napolitano’s thinking! I really hope it works out for you, of course, but like you said, there’s always the living here for 3 years rule if that doesn’t work out. From what I’ve read, you’d need to apply between Year 2 and 3, so you definitely need to keep on top of it. In bocca al lupo and yes, keep me updated please!
Thank you for all of the fabulous information! I could spend hours on that Ellis Island site – fascinating!
I’m in the very beginning stages of trying to get information from estranged family members, which makes it a little more difficult, but I’m determined!
Paolo – I believe I got referred to the same gentleman here in San Diego, by my Italian teacher. Small world!
This is fascinating, and I’m so glad you were able to work it out so well.
Unfortunately for me, I have no Italian ancestry that I know of, although I have always considered myself Italian in my heart.
I first learned that the US allows dual citizenship when my American friend who is married to a Greek national with whom she lives in France mentioned that her children had both American citizenship through her and French because they were born in Paris. I’m not sure why they are not legally Greek as well – maybe that would be pushing the envelope a bit.
*Dana, oh that’s so funny about the same guy in San Diego! Best of luck to you!
And oooh, the hours I’ve spent on the Ellis Island site…just one more search…just one more…TOO MUCH FUN!
*Heart, I think you are what you feel anyway–some of us just need a paper to confirm it so we can legally live somewhere
As for triple citizenship, I’ve read of quite a few who have a South American citizenship like Brazilian or Argentinian, American, and Italian. Not impossible…but oh to keep track of all those identification documents!
My wife and I have plans to spend a year in Italy in 2010. I am considering pursuing Italian citizenship, as I believe I would qualify through my great-grandfather who came to America from Calascibetta, Enna, Sicily. If I am granted citizenship through Jure Sanguinis, does my wife also gain Italian citizenship? Can she get an Italian passport or carta d’identità?
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Hi Neil, welcome! Citizenship for your wife will require an additional step, but it’s all bureaucratic. I will email you with more details.
Great Article!! I just have one question: If my ancestor wasn’t naturalized, do you know who and where i need the statement of “NO RECORDS” from? I had read that i need it from the USCIS, the National Archives, the Local County Court, and the Census Department. But other websites list it as only one of those sources, or a combination of a couple. Your help is appreciated! Grazie!
Jonathan, you need it from the USCIS and then you need it certified; I highly recommend checking out Expattalk.com as there are lots of folks on there well-versed in the citizenship process. Best of luck!
I am british and my wife is Singaporean, but we dont hold dual citizen, but our chidren hol twopassports what makes going though custos a breeze…..
Maybe Singapore will one day offer both to me too…
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Would certainly be easier for you; best of luck!
Hi there, I was very interested while reading your blog as I am looking into jure sanguinis as well. I’m fairly young (23) and am approaching this with extreme caution and doing a good amount of research on the whole process before I begin. But I know the first thing I should determine is if I’m eligible. My family doesn’t think my paternal Great-grandfather was ever naturalized but I need to find out where to go to get these documents. I’m currently living in DC so it would be very easy for me to go to the national archives if this is where they would be found. I’m excited about this though and am ready to get everything I need together. Also, I’m glad I read your post because I currently do work with the federal government and will probably need a security clearance a couple years down the road… but I’ll cross that bridge when I get to it.
Hi Anthony! You will need to get a “no records found” letter from the USCIS regarding your great-grandfather to show that he never became a citizen, so that is the organization you should contact; if he did happen to become a citizen, they’ll find that too, of course.
Regarding the security clearance, I do know that whether to grant it is decided on a case by case basis, so you might want to look around the Internet a bit for example cases; I’ve seen quite a few in my travels–some granted, some not.
Best of luck!
Hi there, thank you for being so honest with your story its wonderful that you have your Italian Citizenship. I live in the south of Sweden and have moved here from Long Island, New York. I have decided to apply for my citizenship through the Embassy of Italy Stockholm, but it is currently seeming to take some time so I would like to know if there are any “clearly defined rules” for this process, exactly. I would love to talk with you sometime because I need some specific advise. Could you possibly explain or is there a website that explains “the exact procedure of processing your establishment of Jure Sanguinis once you have submitted all your documents? I found a great site about this several months ago where the auther wrote step by step what acutally happens. If I try to recall then it is something like this ?
Upon my studies of this law given to me by the Italian American Federation the 4 main actions take place.
1) The decendent of the Italian Citizen submits all the family doucments connected to the Italian citizen with translation and apostille.
2) The government official inside Italy or outside Italy in an Embassy or Consulate draws up the documents to establilsh Juris Sanguis between the family member and the Italian Citizen.
3) The birth record of the family member is sent to the family comune in Italy and the comune registers the birth of the applicant in their local comune jurisdiction; the birth certificate is then sent to one of the national registrys.
4) Finally, the comune creates a birth registry and letter acknowledging the person in question as an Italian Citizen (in my case) of Comune di Santa Margherita Di Belice. These letters are then either sent directly to the new citizen or through the embassy or consulate.
Once the family member recieves these letters, they are fully acknowledged, noted and recognized allowing the new Italian Citizen to acquire their Italian passport.
This was the information given to me by the Italian American Federation in New York.
This sounds about right according to what I know; mine took about two years from the time I handed in my documents until the time my documents were recorded in the Italian comune of my ancestor. If you have specific questions, please feel free to contact me (click on “contact” in the navigation bar just below the espresso cup header).
Hi, have you already answered or is this an electronic reply ? I have just followed your instructions to contact you on your website but the registration did not work ? If you have skype and have time to talk about my specific case please feel free to add me on skype. My skype name is StephenChristian7, located in Stockholm, Sweden
I don’t have Skype, but my email address is michellefabio5(at)gmail(dot)com. Feel free to send a message directly
Dear Michelle, ,
Thank you for your email, I have just sent you a mail. Have you recieved it ? Do you have msn ? my messenger is StephenChristian7@hotmail.com
I have, and have also responded!
Still waiting for your response ? Sorry to bother you today perhaps your not able to answer my questions ? I will continue my search
Sorry, was lunchtime when you were sending messages; hopefully you’ve received my answer by now!
The principle of jure sanguinis is that you are Italian since birth. The process recognizes the citizenship you already possess.
Yes, thus the line in my post “And that’s how I became legal in Italy and had my Italian citizenship jure sanguinis recognized.”
It is worth noting, however, that although you “possess” citizenship from birth, if it’s not recognized by that country, you don’t *really* possess anything, including the right to stay in the country without a permesso….
Life is Sweet or as they say in Italy “Dolce la Vita” , Im happy to say that the Embassy of Italy notified me this past monday that they have completed the process and establishment of Jure Sanguinis and that my file will be sent to my family comune on the next diplomatic post. So at this time is has been 3 months for me to process my Italian citizenship application here in Sweden. One important thing for every one to recognize, and it seems that no one really understands why it can take several months before a person documents are sent to Italy. This is because the Italian Embassy or Consulate must check with every single Embassy or Consulate around the world where you have previously resided for them to state that you have not signed any waiver to renounce your right to citizenship. And since I have lived in 2 states in America and 4 countries in Europe including Sweden, it took 3 months for all offices to respond. So now I just have to wait a few weeks and then I will contact my comune in Italy so they can just send me my certified Italian birth registry so I will not have to wait to deal with the Embassy. Soon I will have my passport and feel like a real Italian, and hopefully begin to attend Italian Language classes
Hope you all will be as fortunate as me:) Bless ! Stephen
Congrats Stephen! Glad to see that things went by relatively quickly at this point
My question to you or anyone on this site is whether they have encounter difficulty between consulates when it comes to accepting a marriage certificate that doesn’t show DOBs or parent’s name (long form). We live in New York, my husband’s maternal grandparents got married in Oklahoma and in this state the certificate doesn’t show DOBs or parent’s names, so we are stuck, unless we move to Texas where the Italian Consulate will accept a declaration of the descendents along with the birth certificate (with apostille and translation to Italian) of the deceased couple.
We are now trying to establish his right to the Italian citizenship through his paternal grandparents but I am afraid we will encounter the same problem. Most likely my husband’s paternal grandparents got married in Maryland because she was only 16 or 17 at the time. My understanding is that Maryland is another state that doesn’t show the DOBs or the parent’s names, which makes me think that the Italian Consulate in New York is going to give me the same response “I am sorry but we cannot accept this certificate because we cannot establish the link.”
I am not sure what to do at this point, it seems that even though my husband is Italian on both sides, he can’t establish his right to it because the marriage certificates don’t comply to the New York Consulate rules. Our only solution will be that we moved outside of New York, to Texas or maybe Pennsylvania because maybe they will accept the certificate, but none of this makes sense. Why is it that all Italian consulates don’t abide by the same rules.
I wish I had a good answer for you, Brenda, but your experience sounds like what I’ve heard from others, how different consulates require different things. Is there any way to beg the people in OK to print you up a certificate with that info? They surely must have it on file, otherwise what were they asking for on those marriage licenses?!
Anyway, my grandparents were married in MD, and I think you’re right at least about the lack of parents’ names; I’m pretty sure the DOBs were on there though. What a silly requirement, though, about the parents’ names…isn’t that what the birth certificates are for? And anyway, why did people *have* to be married to have kids anyway? If the next in line has a birth certificate with those two parents on, isn’t that the link?
Mah.
I really don’t have any answers for you, I’m sorry