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Wednesday, 13 August 2025

Dual citizenship: Italy and United States explained

Claiming dual Italian citizenship is more than a legal process, it’s a powerful reconnection to your Italian heritage and a gateway to the broader European Union. Whether you’re pursuing Italian citizenship by descent, marriage, or naturalization, understanding the full dual Italian citizenship process is essential.

With access to world-class healthcare, EU mobility, and cultural benefits, becoming an Italian citizen offers life-changing opportunities for those of Italian ancestry or with family ties to Italy.

Understanding dual citizenship: the Italian and U.S. perspectives

What is dual citizenship? Core concepts and benefits

Dual citizenship Italy and United States refers to holding legal nationality simultaneously in both countries, a status embraced under the master nationality rule, which allows each nation to treat you solely as its own citizen within its borders. This arrangement empowers a dual citizen to live, work, and study freely, vote and sponsor family members, own property, and travel visa‑free, especially with an Italian passport and EU citizenship. It also offers consular protection and stability in times of personal or geopolitical uncertainty.

Italy’s stance: a welcoming approach since 1992

Italy’s Law No. 91/1992, effective August 16, 1992, allows Italians to retain dual italian citizenship when they acquire foreign citizenship, and enables Italian ancestry claims without forcing renunciation of original citizenship.

This permissive policy supports the dual Italian citizenship process, recognizes citizenship by descent (jure sanguinis), and aligns with broader European Union norms, granting EU citizens rights to live, work, travel, and access public services anywhere in the EU.

The United States’ stance: acknowledgment and key obligations

The U.S. government permits dual citizenship, neither encouraging nor prohibiting it. Supreme Court rulings like Afroyim v. Rusk and Mandoli v. Acheson confirm that American citizens can hold foreign nationality without losing U.S. citizenship, provided they don’t renounce it intentionally. However, American citizens must comply with U.S. regulations.

Core responsibilities for dual citizens (Taxes, U.S. Passport Use, etc.)

After you obtain Italian citizenship, you must respect the Italian citizenship requirements of both countries. Taxes are a prime concern: U.S. citizens must file U.S. taxes on worldwide income, even while residing abroad, and Italy taxes residents on global earnings, with non-residents taxed only on Italian-source income.

 

African-american man taking a selfie with his digital camera. young blogger taking a live selfie

Pathways to Italian Citizenship for americans

Citizenship by Descent (Jure Sanguinis): The “Right of Blood”

Establishing your direct lineage

As of March 28, 2025, Italy significantly amended its jure sanguinis (“right of blood”) law. Under Decree‑Law 36/2025 (later ratified as Law 74/2025 on May 23, 2025), citizenship by descent granted abroad is now limited to just two generations: you must have a parent or grandparent born in Italy, or alternatively, a parent who either held only Italian citizenship at your birth (or their death), or resided legally in Italy for a minimum of two consecutive years before your birth. 

Claims through great-grandparents or more distant ancestors are no longer eligible unless they meet one of these two parental conditions. However, if your citizenship application was filed by 11:59 PM Rome time on March 27, 2025, the previous, unrestricted rules still apply. Judicial petitions remain fully viable. Even those excluded from consular routes may qualify through court, especially if the law is later ruled unconstitutional, which Aprigliano Law Firm sees as very likely 

Critical dates: Italian Unification (1861) and Naturalization Laws (1912)

To establish your eligibility, you’ll need to trace each link in your lineage and show that every person from your Italian-born ancestor down to you retained Italian citizenship at the time their child was born. That means proving your ancestor never formally renounced Italian citizenship or naturalized as a U.S. citizen prior to the child’s birth. 

In particular, any ancestor who naturalized before June 14, 1912, cannot pass on citizenship to subsequent descendants. If your ancestor naturalized after 1912, but only after your lineage member was born, citizenship may still pass by descent.

However, it should be noted that the new legislation (Decree-Law No. 36/2025, converted into Law No. 74/2025) has introduced additional restrictive criteria that no longer focus solely on lineage and naturalization, but also on generational limits (restricting recognition to second-generation descendants via consular channels) and on the requirement that the Italian ancestor held exclusively Italian citizenship.

These new restrictions, however, can be challenged in court and are currently the subject of ongoing constitutional lawsuits.

The “1948 Rule”: securing citizenship through a Maternal Line

One crucial date to understand is January 1, 1948, tied to Italy’s new constitution guaranteeing gender equality. Before that, under Law 555/1912, only fathers could pass nationality. After 1948, Italian mothers gained the same right. 

Descendants born to an Italian-born mother before that date cannot apply through standard consular routes and instead must pursue a judicial case under what’s known as the “1948 Rule”. In 2009, Italy’s Court of Cassation ruled that such pre-1948 maternal-line claims could be recognized if adjudicated by courts, a significant development that opens the path to citizenship via maternal ancestry.

Citizenship by Marriage (Jure Matrimonii)

Under current law, foreign spouses may apply for Italian dual citizenship after a defined period of marriage and residency, with faster processing if the couple has minor children.

  1. Residency and Marriage duration requirements

If you reside in Italy, you become eligible to apply two years after your marriage (or civil union) is officially registered. If you and your spouse live abroad, including in the U.S., the timeframe extends to three years. These timelines commence on the date of marriage, not the date of its recognition by Italian authorities. Importantly, if you and your Italian spouse have a child under the age of 18, the required time to apply is halved: one year in Italy or eighteen months abroad.

  1. Language proficiency requirements (B1 Level)

As of December 4, 2018, the Italian government requires non-Italian spouses to demonstrate intermediate Italian language proficiency at the B1 level, per the Common European Framework of Reference (CEFR). Only tests issued by institutions recognized by Italy’s Ministry of Education (MIUR) or Ministry of Foreign Affairs (MAECI) are accepted.

Citizenship by Naturalization (Residency)

Standard residency period for Non-EU Citizens (10 Years)

Citizenship by naturalization, sometimes called citizenship through residency, is another route for Americans to obtain Italian nationality, though it requires patience and sustained commitment. Under Law No. 91/1992, non‑EU citizens, including U.S. passport holders, may apply after a continuous period of 10 years of legal residence in Italy. This means living in Italy with valid residency permits and registered residence (residenza) at the local Comune, with no significant interruptions .

The residency requirement must be legal, registered, and uninterrupted—brief gaps in permits or residence status can reset the clock. Applicants also need to meet other conditions: demonstrate Italian language proficiency (minimum B1 CEFR), show a stable income (minimum roughly €8,263/year for the applicant only, with no dependents), and present clean criminal records from Italy and all countries of prior residence.

 

Application Form Employment Document Concept

The application process: a step‑by‑step guide

Step 1: Confirm your eligibility and choose your path

Determine whether you will claim Italian citizenship via jure sanguinis (descent), jure matrimonii (marriage), or naturalization. Confirming your eligibility early ensures you gather the right supporting documents and avoid delays.

Step 2: Gather Vital Records

Collect essential birth certificates, marriage certificates, death certificates, and naturalization records for each generation in your lineage, including your own. U.S. documents come from state vital records, the National Archives, USCIS, church records, or genealogical databases. Italian documents are obtained from the ancestor’s local Italian consulate or Comune in Italian format.

Step 3: Apostille and Translate

All U.S.-issued vital records require a Hague Apostille from the Secretary of State (or Department of State for federal records). Then, translate all non-Italian documents into Italian. Italian Courts require sworn translations by certified translators.

Step 4: Submit your application

  • Via a U.S.-based Italian consulate: Ensure your AIRE registration is complete (if married or via descent). Use the Ministero dell’Interno’s ALI portal, pay the standard €600 fee, and attend a final appointment with originals.
  • Through an Italian Comune: If residing in Italy, file locally with apostilles, sworn translations, and proof of residence. Maternal-line pre-1948 cases require Comune or court applications .
  • Applicants affected by the “1948 rule”, those impacted by the new law, or individuals facing consular delays exceeding two years may pursue recognition of Italian citizenship through a judicial petition before the Italian courts.

Navigating common hurdles and delays

Discrepancies in names and dates on historical documents

In the dual Italian citizenship process, mismatches in names and dates on birth certificates or other historical documents often trigger delays. When Italian consulates or comuni identify inconsistencies, they typically request extra proof, such as baptismal certificates, affidavits, or court-certified corrections. To avoid this, meticulously verify all supporting documents against each other and, if needed, proactively request corrected or certified copies from record offices before submission.

Long wait times for Consular appointments

Securing a date at the local Italian consulate in the U.S. can take 12–36 months, depending on location. Some regions like San Francisco, Miami, Boston may be completely booked for years, while others like Washington, DC, are averaging 6–18 months. Those facing long queues may choose alternative pathway:

  • Applying through the Italian courts offers a judicial route that can resolve cases within 18 to 24 months, particularly in situations involving the 1948 Rule, restrictions introduced by the new law, or significant consular backlogs.

Application fees and associated costs

As of January 1, 2025, all adult applications for Italian citizenship by descent, by marriage, or naturalization through consulates or comuni require a €600 fee per applicant (up from €300). Judicial filings also incur a €600 court filing fee per person.

Additional expenses include:

  • Vital record requests, especially from Italian archives, up to €300 per document Apostille costs range from €5 to €20 per certificate, depending on the issuing state.
  • Translation costs are approximately €100 per document, although this varies based on length and complexity. The more documents you have, the lower the average cost per document, as bundled pricing typically applies.
  • Optional legal or genealogist fees, ranging from a few hundred to several thousand dollars depending on the case
  • Italian passport issuance (~€145 – ~€150)

Being prepared with a full budget for all supporting documents ensures you’re not blindsided mid-application.

 

Young woman enjoying beautiful view on Verona city in Italy in the morning

Activating your citizenship: a post-recognition action plan

Once you obtain Italian citizenship, it’s time to activate your status and fully leverage your dual Italian citizenship. Here’s what every new Italian‑American must do:

AIRE Registration

You must register with AIRE (Anagrafe degli Italiani Residenti all’Estero) within 90 days of gaining citizenship or relocating abroad. This mandatory step ensures access to consular services, voting in Italian elections, and compliance with Italian citizenship requirements

Passport & Identity Card

After AIRE is confirmed, book your first Italian passport appointment through the consulate. If you’re residing abroad, this Italian passport unlocks EU visa relief and cultural benefits. For those living in Italy, apply at your Comune for the Carta d’Identità Elettronica (CIE), a secure EU ID card that simplifies daily life and travel.

Essential follow‑up steps in Italy/EU

  1. Obtain a Codice Fiscale: This tax identification number is essential for banking, healthcare, purchase property, employment, and more. You can request it via the Agenzia delle Entrate or through your consulate.
  2. Open an Italian bank account: Whether you’re a resident or non‑EU citizen abroad, you’ll need a Codice Fiscale, passport, proof of address, and potentially a permesso di soggiorno
  3. Enroll in the SSN (Servizio Sanitario Nazionale): Use your Codice Fiscale and residency or address to register and obtain the Tessera Sanitaria for healthcare access.

Life as a transatlantic citizen

Now, as a true Italian citizen with dual nationality, you’re eligible to:

  • Vote in Italian elections from abroad via your consulate.
  • Navigate Italian inheritance law, including forced heirship rules.
  • Travel, work, study, and do business across the European Union and EFTA, using your Italian passport and CIE.

Claiming your Italian roots

Securing dual Italian citizenship isn’t just a bureaucratic task, it’s a meaningful journey back to your Italian roots. Whether you’re applying through Italian citizenship by descent (jure sanguinis), marriage, or naturalization, the process requires patience, precision, and a firm understanding of the necessary documents, legal timelines, and evolving requirements from both the Italian government and the local Italian consulate.

Every year, Aprigliano International Law Firm helps Americans obtain Italian citizenship by descent, marriage, or naturalization, guiding them through the dual Italian citizenship process, filing everything from birth certificates to apostille and translation, working directly with the local Italian consulate or through Italian courts.

Check your eligibility with Aprigliano now to receive a tailored assessment and take your first step toward scheduling a consultation. Aprigliano’s legal team is experienced with Italian bureaucracy—from consular filings to AIRE registration, and is committed to making your journey smooth, strategic, and successful.