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The following information was provided by the Italian Consulate in
response to a request for information on the Italian citizenship
status of Americans of Italian descent.
It is important to recognize that while
it may once have been true that U.S. Citizens could not hold dual
citizenship, U.S. Supreme Court decisions in the 1970s settled the
issue once and for all: Dual citizenship for Americans citizens is
legal.
The hurdle one must clear, therefore,
is whether or not one meets the requirements of the other nation
involved. In the case of Italy and under Italian law, the taking of
the American Oath of Citizenship constitutes a voluntary surrender of
your Italian citizenship. So, for many of us, our naturalized
grandparents surrendered their Italian citizenship.
For if their children were born in this
country, then they were automatically American citizens, having to
take no oath renunciating any Italian citizenship which was gained
(under Italian law) by being born to parents who were Italian
citizens. In other words, since both my parents were born before their
parents naturalized, they remained Italian citizens according to
Italian law.
That same law extends the citizenship
one more generation, through either paternal or maternal lines. Here
then, in the words of the Italian Consulate, are the steps required to
formally recognize that dual citizenship, and gain an Italian passport
(along with full recognition as a member of the European Community, an
issue of no small economic importance to many of us. Check other
benefits,risks and FAQ below).
Citizenship By Birth
If you were born in the United States you
may also be considered an Italian citizen if any one of the situations
listed below pertains to you:
1) your father was an Italian citizen at the time of your birth and
you never renounced your right to Italian citizenship;
2) your mother was an Italian citizen at the time of your birth, you
were born after January 1, 1948 (and before April 27, 1965) and you
never renounced your Italian citizenship;
3) your paternal grandfather was an Italian citizen at the time of
your father's birth and neither you nor your father ever renounced
your Italian citizenship;
4) your maternal grandmother was an Italian citizen at the time of
your mother's birth, your mother was born after January 1, 1948
and neither you nor your mother ever renounced your rights to Italian
citizenship.
IF #1 APPLIES TO YOU you must obtain the following documents:
- your father's birth certificate (write to the commune where your
father was born, request his birth certificate it must be in
"estratto integrale".
- your parent's marriage certificate (if the marriage took place in
Italy follow the procedure described above for birth certificate; if
it took place in the United States you must obtain a certified copy of
the marriage certificate from city hall and it will require an apostille;
if applicable, his death certificate with apostille;
your birth certificate (certified copy with apostille);
- your father's naturalization certificate , or a statement from U.S.
Immigration and Naturalization Service stating that your father was
never naturalized, or his current Italian passport and alien
registration card. This serves to prove that if your father became a
naturalized U.S. citizen this occurred after your birth (**if it
occurred before your birth you are not entitled to Italian
citizenship**).
IF #2 APPLIES TO YOU, you must do **all of the above**, but with
regards to your MOTHER.
IF #3 APPLIES TO YOU, you must obtain your paternal grandfather's
birth certificate from Italy, his marriage license, and all of the
documents listed for #1, except for your father's naturalization
certificate, because in this case you will need your paternal
grandfather's naturalization papers.
IF #4 APPLIES TO YOU, you must obtain your maternal grandfather's
birth certificate, his marriage certificate, and all the documents
listed for #2, except for your mother's naturalization certificate,
because in this case you will need your maternal grandfather's
naturalization papers.
You should bring all the pertinent documentation to your nearest
Consulate General, they will forward all the certificates issued in
the United States to Italy to be recorded there. After they have been
notified that the documents have been accepted and recorded, a process
which generally takes four to six months, you may apply for an Italian
passport.
PLEASE NOTE:
If you were a minor on April 21, 1983, and your father or mother
(depending on whom you are tracing your citizenship through) became a
naturalized U.S. citizen after that date, you have lost your right to
Italian citizenship.
Citizenship By Marriage
If the marriage occurred prior to April
27, 1983, a foreign female who married an Italian male citizen has
automatically acquired Italian citizenship.
If the marriage occurred after April 27, 1983, the foreign spouse
(male or female) of an Italian citizen can apply for citizenship
through the "Prefettura in Italy" if he or she has
established residence in Italy for six months. If he or she resides
abroad, the request should be submitted through the appropriate
Consulate after three years of uninterrupted marriage.
IMPORTANT:
We suggest that you contact the citizenship office of the Consulate
General of Italy of your jurisdiction for more information regarding
the documents that are required.
Reinstatement of Citizenship
The Italian citizens who became U.S.
citizens prior to August 15, 1992 lost the Italian citizenship.
The deadline to reinstate the Italian citizenship, through a
declaration submitted at an Italian Consulate, was December 31, 1997.
Those who did not apply at that time may regain it through residency
in Italy for at least one year (Law n.91/1992,art.13).
IMPORTANT:
Situations not included in the above explanation need to be examined
by the Italian Consulate.
Dual citizenship for recently
naturalized citizens
The Italian citizens who became U.S.
citizens after August 15, 1992 retained their Italian citizenship (Law
n.91/1992, art.24). However, they have the duty to declare their
naturalization within 90 days at the nearest Italian Consulate. If
declared after 90 days, the "Prefetto" will impose a fine.
IMPORTANT:
We suggest that you contact the citizenship office of the Consulate
General of Italy of your jurisdiction for more information regarding
the documents that are required.
Benefits of dual Italian US
Citizenship
- Italy is one of the most beautiful
countries in the world to live in.
- Cost of living is much lower than in
the US, ( most areas outside the regular tourist traps) great for
retirement.
- Universal Heathcare System.
- Access to all the European Union
countries, i.e. you can visit, live and work in France, England,
Germany, Spain, Greece, Ireland, Sweden, Portugal, Austria, the
Netherlands, and many more to come.
- Buy European stocks, bonds exclusive
real estate.
- Hold two passports. These days with
the rise in terrorism its a good idea.
- If you work long enough in Italy you
may collect a pension along with your Social Security.
- State college tuition is free. (May
want to double check on this)
- Open a Business in Italy with less
hassles.
Risks of Dual Citizenship
- There are some risks of dual
citizenship worth noting.
- If you get into trouble in Italy (if
entered with an Italian passport) the US can do very little to
help.
- May hinder or jepordize your chances
of getting or keeping a security clearence.
- You may be called for military
duties in time of war.
- Some may call it un patriotic.
Check with an attorney for advise regarding your situation.
FAQ
Q:
If I work in Italy do I have to pay both US and Italian taxes.
A: No you only have to pay taxes to the
country you work in.
Q:
Can I vote in Italy without losing my US citizenship?
A: Yes
Q:
Is it possible to lose my US Citizenship.
A: No, unless you
formally renounce your US citizenship in writing. VERIFY WITH
THE LOCAL U.S. AUTHORITIES.
Q: Will I
have to serve in the Italian Military?
A: If you have
already served in the US military or you are 45 and over you do not
have to serve in the Italian Military, if you are older than 26 and
under 45 you can avoid military service by filling out some paperwork.
If you are 18 to 26 years old you must complete your military service
unless you enter Italy as a student. After January 1, 2003 military
service may become voluntary check with the officials.
Check with an attorney for more info.
Apostille
An apostille is a special seal applied by
an authority to certify that a document is a true copy of an original.
Apostilles are available in countries, which signed the Hague
Convention Abolishing the Requirement of Legalization of Foreign
Public Documents, popularly known as The Hague Convention. This
convention, created in 1961, replaces the time consuming chain
certification process used so far, where you had to go to four
different authorities to get a document certified.
Where can I get an apostille?
Each country party to the Hague Convention designates an authority
within its territory that can issue apostilles. For example, in the
USA, it is the office of the state's secretary. In practice, you
should contact a notary to get an apostille. Please note that some
notaries may not be familiar with this procedure - they may propose
you an ersatz that they are more familiar with. If it does not bear
the term "APOSTILLE" in big, that's not it. Also, you don't
have to explain why you need an apostille when dealing with your
notary - just tell him what you need. Finally, please bear in mind
that there are some countries that did not sign this treaty yet and
thus no apostilles can be obtained.
What are apostilles normally used for?
An apostille can be used whenever a copy of an official document from
another country is needed. For example for international marriages,
adoptions, inheritance, but also for plain contracts. The apostille is
an official certification that the document is a true copy of the
original. It does not certify that the original document's content is
correct, however.
Hague
Convention Member Countries
Please Note:
Please check with an attorney to see if dual citizenship is good for
you, the information here provides a very general guide line. We have
done our best to provide you with accurate information but laws change
or can be misinterpreted, we cannot guarantee everything on this page
is 100% accurate.
IF YOU ARE CONCERNED THAT ANY OF THE
ABOVE PROCEDURES MAY AFFECT YOUR U.S. CITIZENSHIP YOU SHOULD CONTACT
THE LOCAL U.S. AUTHORITIES.
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