Dual Italian Citizenship

Dual Citizenship for Americans of Italian descent

Italian citizenship law is based on the jure sanguinis principle (citizenship by blood), and people that have Italian ancestors can claim the right of Italian citizenship.

As a New Jersey Immigration Lawyer, I receive many inquiries by American citizens of Italian descent that are interested in obtaining Italian American Dual Citizenship.

Under the jure sanguinis principle, anyone of Italian ancestry can claim his or her right of Italian citizenship. Because the process consists in claiming the right of Italian citizenship (it is an existing right), there is no Naturalization process involved or oath of allegiance required, which could otherwise constitute an expatriating act for citizens of the United States.

Italian citizenship can be claimed in different scenario; the following are the most common:

CASE 1: Your father was an Italian citizen at the time of your birth, and you never renounced to your right to claim Italian citizenship.

CASE 2: Your mother was an Italian citizen at the time of your birth, you were born after January 1st of 1948, and you never renounced to your right to claim Italian citizenship.

CASE 3: Your father was born in the United States, your paternal grandfather was an Italian citizen at the time of his birth, and neither you nor your father ever renounced to your right to claim Italian citizenship.

CASE 4: Your father was born in the United States after January 1st, 1948, your paternal grandmother was an Italian citizen at the time of his birth, and neither you nor your father ever renounced to your right to claim Italian citizenship.This is only available by filing a lawsuit in Italy pursuant to a recent decision of the Italian Supreme Court.

Why you should hire an Attorney

Applying for Italian Citizenship jus sanguinis can be extremely difficult, because of name changes, divorces, and other discrepancies in the documents of your ancestors. Our office works with other licensed Italian Lawyers to assist clients in:

  • Obtaining documents from Italian City Halls (Comune);
  • Researching the U.S. immigration history of your ancestors
  • Translation and legalization (Apostille) of documents;
  • Correction of discrepancy in the documents by filing petitions in New Jersey, New York, or Federal Courts.

U.S. law does not formally recognize dual citizenship, but it is not prohibited to hold; further, Italian citizens are allowed to be dual citizens of both Italy and the United States. Therefore, Italian Citizenship for Americans can be lawfully held.

Contact the Law Offices of Simone Bertollini for a free preliminary assessment of your case.

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