Working with bydescent to claim your italian citizenship

Why we believe the applying through the Italian Courts is the best solution

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Establishing a case with the Italian courts for recognition of Italian Citizenship by descent is not only the fastest way to achieve Italian dual Citizenship, but for many applicants, the only option.

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• Applicants who are eligible through their maternal line have no other means to secure Citizenship.

• Applicants who are eligible through their paternal line have multiple means of pursuing Citizenship, but the legal route is still the fastest.

Often, wait times for Consulate appointments are so long that applicants are forced to abandon the process, or at the very least, seek alternative means.We provide a simple solution to this common problem:If an applicant is able to provide proof of Consular appointment wait times of two years or longer (a very simple process with which we can assist), the applicant is eligible for a legal proceeding through the Italian courts, which will grant them citizenship in 18-24 months.Consulate wait times have only increased in recent years, with some surpassing ten years. For many applicants, this wait is simply untenable. Instead, our solution allows these applicants to submit their case before the immigration division of the court of jurisdiction in their anchor ancestor’s birthplace. Legal recognition of Italian Citizenship can be requested under three instancesThese three instances cover all potential applicants who are eligible for Italian Citizenship by descent:

1. When an applicant is seeking recognition of citizenship through their maternal line, or when an applicant is seeking recognition through their paternal line, but consular wait times are two years or longer.
2. When the genealogical line of the applicant contains a female anchor ancestor whose son was born prior to January 1st, 1948.
3. When then the applicant is seeking recognition through their paternal line, or the son of a female anchor ancestor was born after January 1st, 1948. These cases necessitate evidence that the Consulate of the applicant’s jurisdiction has an appointment wait time of two years or longer. Thankfully, proof of long Consular wait times is easy to obtain. We will guide you through this simple process during our introductory call.

For applicants living outside of Italy, the legal proceeding must be handled by the court of jurisdiction in the Comune of birth of the anchor ancestor. The legal proceeding that leads to recognition of Italian Citizenship by descent does not require the physical presence of the applicant in Italy. Therefore, there is no need for the applicant to personally present their case in court. Our legal team, which boasts a depth of expertise in the field of Jure Sanguinis Citizenship, represents applicants via public or private, notary-certified, translated, and apostilled power of attorney.What documents do I need in order to apply for Italian Citizenship through the Courts?In order to accurately present the request for recognition of Citizenship with the court of jurisdiction, our team will need to be in possession of the following documentation:

1. Full copy of the anchor ancestor’s birth record, issued by their Comune of birth.
2. Full copies of the birth records of the anchor ancestor’s line, including the applicant’s full birth record.
3. Full death certificate of the anchor ancestor (this document is particularly important in cases whereby the anchor ancestor was married in Italy, as the death certificate is the only document specific to the anchor ancestor that attests to his or her presence in the United States.).
4. Full marriage record of the anchor ancestor.
5. Full marriage records for the anchor ancestor’s line, including the applicant’s marriage record.
6. United States naturalization documentation demonstrating that the anchor ancestor was not naturalized a US citizen prior to the birth of their son or daughter, of which the applicant is a direct descendant.
7. Full copies of documentation related to the applicant’s divorces and/or separations.
8. In cases where the applicant has children who were born outside of their marriage and registered solely by the parent who is not passing down Italian citizenship, the applicant must provide a declaration that said children are his or her biological offspring.

All documents issued outside of Italy must be translated into Italian, apostilled, and certified. Our experienced translation team will translate and certify the applicant’s documents in-house, ensuring that they are accurate and properly prepared to be accepted by the Italian court of jurisdiction. What happens once my Italian Citizenship is granted?Once Italian Citizenship is recognized, our legal team, under the applicant’s power of attorney, will directly contact the Vital Records Office in the Italian Comune of birth for the applicant’s anchor ancestor, requesting delivery of all documentation related to the applicant’s recognition of Citizenship. The procedure for delivery of documents can vary from one Comune to another. It is common for a Comune to require hard copies of requests for delivery and issuance of the court order to be sent by mail. Once the registrar receives our request and confirms delivery the proceeding is considered closed, and recognition of Citizenship thereby applies retroactively from the applicant’s date of birth. At this point, applicants who have been granted Italian Citizenship can register with AIRE and work with their Consulate of jurisdiction to procure their Italian passport. If you have questions regarding how to take these final steps, we are happy to provide you with our expert guidance.What is the timeline for recognition of my Italian Citizenship?Timelines for recognition of Italian Citizenship vary based on the mode in which the applicant submits his or her application:

1. Applicants who choose to apply in person in Italy can expect a timeline of around six months. However, this mode requires the applicant to transfer his or her residency to Italy throughout the process. In addition to being costly, this solution is simply not the best fit for most applicants, requiring a long-term move overseas.
2. Applicants who work with our team to secure Citizenship by means of a legal proceeding with the Italian courts can expect a timeline of anywhere from six months to a maximum of two years. At no point in this process is the applicant required to step foot in Italy.

Establishing a case with the Italian courts for recognition of Italian Citizenship by descent is not only the fastest way to achieve Italian dual Citizenship, but for many applicants, the only option.Applicants who are eligible through their maternal line have no other means to secure Citizenship.Applicants who are eligible through their paternal line have multiple means of pursuing Citizenship, but the legal route is still the fastest.Often, wait times for Consulate appointments are so long that applicants are forced to abandon the process, or at the very least, seek alternative means.We provide a simple solution to this common problem:If an applicant is able to provide proof of Consular appointment wait times of two years or longer (a very simple process with which we can assist), the applicant is eligible for a legal proceeding through the Italian courts, which will grant them citizenship in 18-24 months.Consulate wait times have only increased in recent years, with some surpassing ten years. For many applicants, this wait is simply untenable. Instead, our solution allows these applicants to submit their case before the local court, immigration division, of jurisdiction in their anchor ancestor’s birthplace.