How to Get Italian Dual Citizenship Through Courts in 2025: A Step-by-Step Guide
Are you facing endless consulate waitlists or hitting roadblocks with the 1948 rule when applying for Italian citizenship? Pursuing Italian dual citizenship through courts has become the preferred pathway for thousands of applicants seeking to bypass these frustrations. While Italian citizenship jure sanguinis (by bloodline) traditionally requires processing through consulates, the Italian court process offers a faster alternative for many applicants. In fact, court cases often resolve in 12-24 months, compared to consulate waiting periods that can stretch beyond 5-7 years in some jurisdictions. Additionally, Italian citizenship by descent through judicial means provides a solution for those affected by gender discrimination rules that previously limited transmission through female ancestors.
This comprehensive guide walks you through each critical step of obtaining Italian dual citizenship through courts in 2025. From determining your eligibility to gathering documents, filing your case with the correct court, and ultimately securing your Italian passport, we’ve outlined everything you need to navigate this complex but rewarding process.
Step 1: Understand If You Qualify for Court-Based Citizenship
Before filing for Italian dual citizenship through courts, determining your eligibility under specific legal pathways is essential. The court-based approach offers solutions for those facing administrative roadblocks or gender-based restrictions. Understanding whether you qualify requires examining your ancestral line and the particular circumstances of your case.
Eligibility through jure sanguinis
Italian citizenship by descent operates primarily throughjure sanguinis(“right of blood”), which allows individuals to claim citizenship through their Italian ancestors. However, not all bloodline connections qualify equally, especially after recent legislative changes.
According to Law 91/1992, as amended by Decree-Law 36/2025 and converted into Law 74/2025, Italian citizenship through descent can now be recognized only under specific conditions:
You were born in Italy to an Italian parent [1] You exclusively hold Italian citizenship with no claims to other citizenships [1] You were already recognized under legislation applicable before March 27, 2025 [1] You have a parent or grandparent who holds—or held at death—exclusively Italian citizenship [1] You have an Italian parent who resided in Italy for at least two consecutive years after acquiring Italian citizenship and before your birth [1] For applications submitted or appointments confirmed before March 27, 2025, the previous eligibility rules still apply. Under these rules, citizenship transmission occurs regardless of generational distance, provided your Italian ancestor was alive after March 17, 1861 (Italy’s unification date) [1] .
When consulate delays justify court action
Notably, even if you qualify for the traditional consular application process, excessive delays may provide grounds for court action. This approach has become increasingly popular due to significant administrative bottlenecks.
The legal basis for this pathway stems from D.P.R. No. 362/1994, which establishes a 730-day (2-year) time limit for processing citizenship applications [2] . When consulates fail to meet this timeline, courts have consistently upheld applicants’ rights to pursue legal remedies.
For instance, the Court of Florence ruled in favor of British citizens who were unable to book appointments through the Italian Consulate’s Prenot@mi portal despite attempting since 2022 [3] . The court deemed these obstacles equivalent to a denial of rights, consequently recognizing their Italian citizenship.
To qualify for this pathway, you must demonstrate that:
You have attempted unsuccessfully to secure consular appointments The expected processing time exceeds 730 days You have documentation proving these attempts (screenshots of appointment unavailability over several months serve as evidence) [2] This “denial of justice” approach provides a faster alternative, typically resolving in 12-18 months compared to multi-year consular waits [2] .
Who qualifies under the 1948 rule
Perhaps the most significant category of court cases involves the infamous “1948 rule.” This rule stems from gender discrimination in earlier Italian citizenship laws.
Prior to January 1, 1948, only Italian men could transmit citizenship to their children [4] . Women were denied this right until Italy’s post-war constitution took effect. Therefore, if you have a female Italian ancestor who gave birth before January 1, 1948, consulates will reject your application [4] .
Nevertheless, the courts have created a pathway. In 2009, the Italian Supreme Court established that the constitutional principle of gender equality should apply retroactively (Judgment No. 4466/2009) [4] . Subsequently, thousands of “1948 cases” have succeeded in court, setting powerful precedents.
You likely qualify for a 1948 court case if:
Your Italian bloodline includes a woman who gave birth to her child before January 1, 1948 [5] Your maternal Italian ancestor never naturalized or naturalized after her child’s birth [4] Furthermore, women who automatically acquired foreign citizenship through marriage prior to the 1922 Cable Act may still have retained their Italian citizenship [4] . The Italian Constitutional Court (Judgment No. 87 of 1975) determined that involuntary acquisition of foreign citizenship did not forfeit Italian citizenship [4] .
Since June 2022, these cases can be filed at courts with jurisdiction over the Italian ancestor’s birthplace rather than exclusively in Rome [4] , potentially expediting the process.
Step 2: Choose the Right Type of Court Case
Selecting the appropriate legal pathway marks a crucial decision point in your Italian citizenship journey through courts. Each type of case requires specific evidence and follows distinct legal principles. Knowing which avenue best suits your situation enables you to prepare the strongest possible case.
1948 cases involving female ancestors
The “1948 rule” cases represent the most established pathway through Italian courts. These cases challenge the discriminatory provision in the 1912 Italian Citizenship Law (No. 555) that prevented women from transferring citizenship to children born before January 1, 1948 [6] .
In 2009, the Italian Supreme Court ruled that this gender-based restriction violated constitutional principles of equality (Judgment No. 4466/2009) [7] . As a result, descendants with female Italian ancestors who gave birth before 1948 can now petition courts for citizenship recognition.
What makes these cases particularly promising:
The Italian government has stopped presenting counterarguments in court [8] Many cases are assigned to judges who have previously ruled favorably on similar cases [8] Courts consistently rule that constitutional gender equality principles should apply retroactively [7] The legal basis for 1948 cases extends to women who lost citizenship through marriage to non-Italian men before 1948. Likewise, Italian women who automatically acquired foreign citizenship when their husbands naturalized (prior to the 1922 Cable Act) may still have retained their Italian citizenship [9] .
Since June 2022, these cases are no longer heard exclusively in Rome. Instead, they’re filed at the court with jurisdiction over the Italian ancestor’s birthplace [7] , potentially shortening processing times.
Denial of justice due to consulate delays
For those who qualify for the traditional consular route but face excessive delays, courts offer an alternative pathway. Italian law stipulates that citizenship applications must be processed within 730 days (approximately two years) from submission [10] . Yet many consulates cannot meet this timeline.
A “denial of justice” case becomes viable when:
You can demonstrate repeated unsuccessful attempts to secure a consular appointment [11] You’ve documented evidence showing the impossibility of booking appointments over 3-4 months (minimum) [11] Your consulate canceled appointments without providing alternatives [11] Processing times at your consulate would clearly exceed the legal 730-day limit [10] To build a compelling case, regularly capture screenshots of the PRENOTAMI appointment system showing unavailability. These screenshots serve as crucial evidence of consular delays [11] . Additionally, save any email communications from the consulate regarding appointment cancelations.
Unlike 1948 cases, these lawsuits don’t challenge constitutional issues but instead focus on administrative failures. The courts essentially step in where consulates have failed to fulfill their legal obligations within reasonable timeframes.
Silence of public administration cases
Similar to denial of justice cases, silence of public administration claims address situations where your application has been submitted but received no response within the legally mandated 730-day period [12] .
This represents a distinct legal concept in Italian administrative law known as “silenzio amministrativo” (administrative silence). When an application receives no response after the legal deadline expires, this silence can be challenged in court.
The key distinction:
Denial of justice: You cannot even submit your application due to appointment unavailability Administrative silence: Your application was submitted but remains unanswered beyond the legal deadline For these cases, timing is critical. You must file within a reasonable period after the 730-day deadline expires [10] . Unlike jurisdictional challenges, these cases typically proceed through the Civil Court rather than the Administrative Court (TAR) [8] .
Most importantly, these cases often result in the judge ordering the consulate to make an immediate decision on your application. In many instances, this leads directly to citizenship recognition, bypassing further administrative hurdles [10] .
Understanding which type of court case matches your situation enables you to gather the appropriate evidence and prepare for the next crucial step: assembling your documentation portfolio.
Step 3: Gather and Prepare Your Documents
Once you’ve determined your eligibility and selected the appropriate court case type, collecting and properly preparing your documentation becomes the most critical phase of your Italian citizenship journey. Precise attention to detail during this stage often determines the success of your court case.
Vital records and naturalization proof
The court requires a complete chain of vital records linking you to your Italian ancestor. Starting with your Italian-born ancestor and ending with you, gather these essential documents:
Birth certificates for every person in your direct lineage Marriage certificates for each marriage in your ancestral line Death certificates for deceased relatives in your lineage All certificates must becertified originals in long formformat. Long-form birth certificates must contain parents’ full names, dates, and places of birth. Similarly, long-form marriage certificates should include parents’ full names, dates, places of birth, and number of previous marriages [13] .
Moreover, proof of your Italian ancestor’s citizenship status is paramount. If your ancestor naturalized in the United States, obtain their Certificate of Naturalization. Alternatively, secure certified copies of their Declaration of Intention, Petition for Naturalization, and Oath of Allegiance bearing the National Archives’ official seal [14] .
If your ancestor never naturalized, you must provide Letters of No Record from both USCIS and NARA showing no naturalization record exists under their name and all known aliases [14] . Alongside these letters, include supporting evidence such as Italian passports, permanent resident cards (“green cards”), or the first U.S. Census dated after the birth of your ancestor’s first child born outside Italy [14] .
Translation and apostille requirements
After gathering vital records, they must be authenticated and translated:
First, all non-Italian documents (except U.S. naturalization records) require an apostille—a certification verifying the document’s authenticity for international use. In the United States, apostilles are issued by the Secretary of State of the state which issued the original document [15] . For federal documents like FBI background checks, the U.S. Department of State’s Office of Authentications handles apostille issuance [15] .
Second, all non-Italian documents must be translated into Italian. Court cases typically require sworn translations (traduzioni giurateorasseverate), wherein a translator swears to the accuracy of their translations before an Italian court official [1] . Most Italian courts only accept translations from translators registered on the court’s official list of authorized translators [1] .
Importantly, apostilles themselves do not require translation [16] . Nevertheless, unlike consular applications, court cases generally require translating the documents the apostilles are attached to [1] .
The cost for certifying translations in Italian courts typically ranges from €200 to €500, depending on the number of documents and revenue stamps required [1] .
Common document issues and how to solve them
Document discrepancies often present significant challenges. These typically include:
Name variations: Many Italian immigrants anglicized their names (Antonio becoming Anthony, Salvatore becoming Sam). Although minor anglicizations are generally acceptable, significant differences may require clarification [3] . Spelling inconsistencies: Misspellings by American clerks recording vital events were common, especially for immigrants who couldn’t read or write [3] . Date discrepancies: Different date formats between countries or clerical errors may create inconsistencies across documents [17] . To address these issues, several solutions exist:
For inconsistencies in your Italian ancestor’s name or birthdate, request aCertificato di Esatte Generalitàfrom their Italian comune (municipality). This certificate confirms the person listed on various records is one and the same [3] . Some municipalities issue a slightly different document calledpositivo-negativo, certifying your ancestor was the only individual born with that specific name on that specific date [3] .
For discrepancies on more recent records, amendments through vital statistics offices may be necessary. In cases where amendments aren’t possible, aOne and the Same Court Orderfrom a judge declaring that differently named individuals are the same person can resolve discrepancies [3] .
Above all, remember that judges in court cases tend to be more flexible about discrepancies than consular officials. Attorneys can justify inconsistencies by providing additional documentation like census records or draft cards to prove identity [3] .
Step 4: File Your Case in the Correct Court
Filing your Italian citizenship case with the correct court represents a critical juncture in your journey toward dual citizenship. After preparing all necessary documents, understanding which court has jurisdiction over your case becomes essential for a successful application.
How to determine court jurisdiction
Court jurisdiction for Italian citizenship cases changed significantly in June 2022. Initially, all 1948 cases were filed exclusively with the Civil Court of Rome. Currently, for applicants residing outside Italy, jurisdiction is determined by the birthplace of your Italian ancestor [2] . This decentralization aims to reduce the backlog at the Court of Rome and potentially shorten processing times [18] .
For 1948 cases involving female ancestors, the lawsuit must be filed at the court with jurisdiction over the municipality where your Italian ancestor was born [19] . This applies to all cases presented after June 22, 2022 [19] . Meanwhile, for “denial of justice” cases concerning consular delays, jurisdiction follows similar rules—your case goes to the court covering the jurisdiction where your ancestor originated [8] .
Determining the proper court is vital, as filing with the wrong jurisdiction risks a declaration of incompetence by the judge. This would necessitate refiling, doubling both time and expenses [2] .
Filing fees and legal representation
The financial aspects of court-based citizenship applications include several components. Following recent increases, the court filing fee (contributo unificato) now stands at €600 per individual petitioner [20] . This represents a significant change from the previous structure where a €545 fee applied per case rather than per person [5] .
Additional costs typically include:
Revenue stamp fee (marca da bollo): €27 [20] Ruling registration fee (passaggio in giudicato): €100-€200 depending on the local tax authority [20] Attorney fees: Variable based on the lawyer’s criteria and case complexity [5] Importantly, multiple family members pursuing citizenship through the same Italian ancestor can be included in one petition [21] . Each additional adult typically costs approximately €750, while minors can be added for around €550 [21] .
Legal representation is mandatory, as applicants must appoint an Italian attorney through a power of attorney. The good news? Your physical presence in Italy is never required throughout the process [22] . Your attorney will handle all court appearances, documentation submissions, and procedural requirements on your behalf.
Assigning a case number and judge
Once your attorney files your case, the court clerk’s office (Ufficio Iscrizione Ruolo Generale) reviews your petition and supporting documents [4] . The clerk may request corrections or additional information if needed. Otherwise, they register your appeal within the court system and assign it a unique reference number calledNumero di Ruolo Generale(RG) [4] .
Afterward, the court president assigns your case to a specific judge based on various factors, including judge availability and expertise [22] . In some instances, particularly in smaller courts, the president may assign the case to themselves [22] . For courts with multiple divisions, your case first goes to the appropriate division before a judge is appointed [22] .
This administrative process typically takes about two weeks, though timelines vary depending on the court’s workload [4] . After assignment, you’ll wait for the judge to schedule your first hearing, which often occurs between three and nine months from filing [19] .
Step 5: What to Expect During the Legal Process
After filing your case with the proper court, a period of administrative processing begins. Understanding the timeline and what to expect during this phase helps manage expectations as your Italian dual citizenship through courts progresses.
Timeline from filing to hearing
Once your attorney submits your petition, the court clerk reviews all documents and, assuming everything is in order, registers your case in the system. Within approximately two weeks, your case receives a unique identification number calledNumero di Ruolo Generale(RG) [4] . A judge is then assigned to your case within several additional weeks [7] .
The waiting period between judge assignment and your first hearing varies considerably. Typically, you can expect to wait between 12 to 18 months from your initial filing date before your first court date [7] . This timeline depends on the judge’s availability and the court’s caseload [6] . Some applicants may face longer waits—up to 24 months in busier jurisdictions [4] .
Practically speaking, there’s little opportunity to expedite this schedule. Only in exceptional circumstances involving documented medical issues or urgent family reasons might a judge consider prioritizing your case [4] .
How many hearings to expect
Most Italian citizenship court cases require just a single hearing [7] . During this session, the judge examines the submitted documentation and evaluates the key aspects of your claim [6] . The hearing itself is primarily procedural and usually handled remotely—your physical presence in Italy is not required [8] .
Occasionally, a judge may schedule a second hearing if:
Further clarification about specific points is needed Additional documentation is requested Complex legal questions must be addressed [6] Should a second hearing be necessary, it might be scheduled several months after the first, again depending on the judge’s calendar [6] .
Tracking your case status
Fortunately, monitoring your case’s progress is straightforward using theGiustizia Civileapp [23] . This official application allows you to check your case status by entering:
The court name (e.g.,Tribunale Ordinario di Roma) Your case number (RG) The filing year [23] The app displays essential information including your assigned judge, hearing dates, and status updates [23] . Following your hearing, the app will show one of several status indicators:riserva(judge is deliberating),accoglimento totale(claim granted), orrigetto(claim denied) [23] .
Final judgments are typically issued within 2-3 months after the final hearing [6] . The complete process—from filing to citizenship recognition—generally takes between 1-1.5 years [8] , considerably faster than the 3-5 years sometimes cited for consular processing [9] .
Step 6: After You Win – Final Steps to Citizenship
Securing a positive judgment in your citizenship case initiates the administrative process of officially becoming an Italian citizen. Several essential steps must be completed forthwith to finalize your status.
Registering the judgment with the consulate
After the judge rules in your favor, the court clerk files the ruling. Henceforth, a mandatory 60-day appeal period begins, during which the decision can be challenged [7] . Upon expiration of this waiting period, the judgment becomes final. Your attorney must personally collect the official ruling with the seal confirming its finality [7] .
Next, register this final judgment with your local Italian consulate based on your residential jurisdiction. Simultaneously, submit the same vital records and translations used in court [7] . The consulate forwards these documents to your ancestor’s birth municipality in Italy, which completes the citizenship registration process [7] .
AIRE registration and passport application
Once your birth certificate is registered in Italy, you officially become an Italian citizen [7] . As a citizen living abroad, you must register with the Anagrafe Italiani Residenti all’Estero (AIRE) — the Registry of Italian Citizens Residing Abroad [24] .
AIRE registration is both a legal obligation and a prerequisite for accessing crucial consular services [24] . Registration is free and enables you to:
Vote by mail in Italian elections and referendums Apply for or renew your Italian passport Obtain various certificates Renew your driver’s license [24] To register, submit an application through the Fast-It portal with required documentation including:
The registration form Valid identification Proof of residence [25] After completing AIRE registration, you can schedule a passport appointment at your local Italian consulate [7] .
Including family members and minor children
Multiple family members sharing the same Italian lineage can join the original petition [11] . Following a successful ruling, all petitioners’ vital records are sent to the relevant municipality [26] .
For minor children, citizenship recognition is automatic and free when included in your application [27] . Simply provide apostilled and translated copies of their birth certificates [27] . For children born after you receive citizenship, you must register their births before they turn 18 to secure their Italian citizenship [27] . Failure to register them before adulthood means they must apply independently through the regular jure sanguinis process [27] .
Conclusion
Pursuing Italian dual citizenship through courts offers a strategic alternative to the often lengthy consulate process. Throughout this guide, we’ve explored each critical step from eligibility assessment to passport acquisition. Certainly, the court process provides solutions for those facing gender discrimination rules or excessive consular delays.
The judicial pathway, while requiring careful document preparation and legal representation, typically resolves cases within 12-24 months rather than the 5+ years common with consular processing. Additionally, courts have consistently ruled favorably in 1948 cases, creating powerful precedents that benefit new applicants.
Documentation remains the cornerstone of a successful application. Therefore, meticulous attention to gathering vital records, securing apostilles, and obtaining accurate translations significantly impacts your case outcome. The recent jurisdictional changes since June 2022 have also streamlined the process by allowing cases to be filed at courts with jurisdiction over your ancestor’s birthplace.
The final steps after winning your case—judgment registration, AIRE enrollment, and passport application—complete your journey to Italian citizenship. This newfound status unlocks numerous benefits including the right to live, work, and study anywhere in the European Union.
Though the process may seem complex at first glance, thousands of applicants successfully navigate this path each year. With proper guidance, preparation, and patience, Italian dual citizenship through courts represents an achievable goal for those seeking to reconnect with their Italian heritage and secure the advantages of European citizenship.
Blog Post: Italian Dual Citizenship Through Courts - Complete 2025 Guide
Keywords Overview
Primary Keywords:Italian dual citizenship, Italian citizenship by descent, Italian citizenship court process
Secondary Keywords:Jure sanguinis, 1948 rule Italian citizenship, Italian citizenship application, Italian citizenship eligibility, Italian citizenship documents
Italian Dual Citizenship Through Courts: Complete 2025 Guide Italian Dual Citizenship Through Courts: Complete 2025 GuidePublished: November 2025 | Reading Time: 15 minutes
Are you facing endless consulate waitlists or hitting roadblocks with gender discrimination rules when applying forItalian dual citizenship? The judicial pathway has emerged as the preferred solution for thousands of applicants seeking to bypass these administrative frustrations and secure their rightful citizenship.
PursuingItalian dual citizenshipthrough courts offers a faster, more reliable alternative to traditional consular processing. While consulate waiting periods can stretch beyond 5-7 years in some jurisdictions, court cases typically resolve within 12-24 months. TheItalian citizenship court processalso provides solutions for those affected by the infamous 1948 rule that previously prevented women from transmitting citizenship to children born before January 1, 1948.
This guide walks you through every critical step of obtainingItalian citizenship by descentthrough the judicial system in 2025. From determining your eligibility underjure sanguinisprinciples to gathering essential documents, filing your case with the correct court, and ultimately securing your Italian passport, we've outlined everything you need to navigate this process successfully.
Understanding Italian Citizenship Eligibility Through Courts
Before pursuingItalian dual citizenshipthrough the judicial system, you must determine whether you qualify under specific legal pathways. The court-based approach offers solutions for those facing administrative roadblocks or gender-based restrictions that traditional consular applications cannot address.
Determining Your Italian Citizenship Eligibility
YourItalian citizenship eligibilitydepends primarily on your ancestral connection to Italy and the specific circumstances surrounding your family's immigration history.Jure sanguinis(right of blood) forms the foundation of most Italian citizenship claims, allowing individuals to claim citizenship through their Italian ancestors regardless of where they were born.
Recent legislative changes have modified eligibility requirements significantly. According to Law 91/1992, as amended by Decree-Law 36/2025 and converted into Law 74/2025,Italian citizenship by descentcan now be recognized only under specific conditions:
You were born in Italy to an Italian parent You exclusively hold Italian citizenship with no claims to other citizenships You were already recognized under legislation applicable before March 27, 2025 You have a parent or grandparent who holds—or held at death—exclusively Italian citizenship You have an Italian parent who resided in Italy for at least two consecutive years after acquiring Italian citizenship and before your birth For applications submitted or appointments confirmed before March 27, 2025, the previous eligibility rules still apply. Under these rules, citizenship transmission occurs regardless of generational distance, provided your Italian ancestor was alive after March 17, 1861 (Italy's unification date).
When Consulate Delays Justify Court Action
Even if you qualify for traditional consular processing, excessive delays may provide grounds for court action. This approach has gained popularity due to significant administrative bottlenecks at Italian consulates worldwide.
The legal basis stems from D.P.R. No. 362/1994, which establishes a 730-day (2-year) time limit for processing citizenship applications. When consulates fail to meet this timeline, courts consistently uphold applicants' rights to pursue legal remedies.
Recent court victories demonstrate this pathway's effectiveness. The Court of Florence ruled in favor of British citizens who couldn't book appointments through the Italian Consulate's Prenot@mi portal despite attempting since 2022. The court deemed these obstacles equivalent to a denial of rights, consequently recognizing theirItalian dual citizenship.
To qualify for this "denial of justice" pathway, you must demonstrate:
Unsuccessful attempts to secure consular appointments over several months Expected processing times exceeding 730 days Documentation proving these attempts (screenshots of appointment unavailability serve as evidence)
Overcoming the 1948 Rule Italian Citizenship Restrictions
The1948 rule Italian citizenshiprestriction represents one of the most significant barriers to traditional consular applications, yet it's precisely where court cases shine brightest. This rule stems from gender discrimination in earlier Italian citizenship laws that denied women the right to transmit citizenship to their children.
Understanding the Historical Context
Prior to January 1, 1948, only Italian men could transmit citizenship to their children. Women were systematically denied this right until Italy's post-war constitution took effect. Therefore, if your lineage includes a female Italian ancestor who gave birth before January 1, 1948, consulates will automatically reject yourItalian citizenship application.
However, the courts have created a powerful pathway forward. In 2009, the Italian Supreme Court established that constitutional principles of gender equality should apply retroactively (Judgment No. 4466/2009). This landmark decision opened the door for thousands of successful "1948 cases" that have set strong legal precedents.
Who Qualifies for 1948 Court Cases
You likely qualify for a 1948 court case if your Italian bloodline includes a woman who gave birth to her child before January 1, 1948, and your maternal Italian ancestor never naturalized or naturalized after her child's birth.
The scope extends beyond direct birth scenarios. Women who automatically acquired foreign citizenship through marriage prior to the 1922 Cable Act may still have retained their Italian citizenship. The Italian Constitutional Court (Judgment No. 87 of 1975) determined that involuntary acquisition of foreign citizenship did not forfeit Italian citizenship.
Since June 2022, these cases can be filed at courts with jurisdiction over the Italian ancestor's birthplace rather than exclusively in Rome, potentially expediting the process and reducing costs.
Essential Italian Citizenship Documents for Court Cases
Gathering and properly preparing your documentation represents the most critical phase of yourItalian citizenship court process. Meticulous attention to detail during this stage often determines the success of your case, as courts require a complete and accurate paper trail linking you to your Italian ancestor.
Building Your Document Chain
The court requires a complete chain of vital records connecting you to your Italian ancestor. Starting with your Italian-born ancestor and ending with you, you must gather:
Birth certificatesfor every person in your direct lineage (long-form versions only) Marriage certificatesfor each marriage in your ancestral line Death certificatesfor deceased relatives in your lineage Naturalization recordsor proof of non-naturalization for your Italian ancestor All certificates must be certified originals in long form. Long-form birth certificates must contain parents' full names, dates, and places of birth. Marriage certificates should include parents' full names, dates, places of birth, and number of previous marriages.
Naturalization Documentation Requirements
Proof of your Italian ancestor's citizenship status is paramount for yourItalian citizenship documentsportfolio. If your ancestor naturalized in the United States, obtain their Certificate of Naturalization or certified copies of their Declaration of Intention, Petition for Naturalization, and Oath of Allegiance bearing the National Archives' official seal.
If your ancestor never naturalized, you must provide Letters of No Record from both USCIS and NARA showing no naturalization record exists under their name and all known aliases. Support these letters with evidence such as Italian passports, permanent resident cards, or the first U.S. Census dated after the birth of your ancestor's first child born outside Italy.
Translation and Authentication Process
After gathering vital records, they must be authenticated and translated according to strict Italian court requirements:
Apostille Requirements:All non-Italian documents (except U.S. naturalization records) require an apostille—a certification verifying the document's authenticity for international use. In the United States, apostilles are issued by the Secretary of State of the state that issued the original document.
Translation Standards:All non-Italian documents must be translated into Italian using sworn translations (traduzioni giurate or asseverate). Court cases typically require translations from translators registered on the court's official list of authorized translators. The cost for certifying translations in Italian courts typically ranges from €200 to €500, depending on the number of documents and revenue stamps required.
Resolving Document Discrepancies
Document discrepancies frequently present challenges but are often resolvable with proper documentation. Common issues include name variations (Antonio becoming Anthony), spelling inconsistencies by American clerks, and date discrepancies between different record systems.
Solutions include requesting a Certificato di Esatte Generalità from your Italian ancestor's comune (municipality) to confirm identity across various records. For more recent discrepancies, amendments through vital statistics offices or One and the Same Court Orders from judges can resolve naming inconsistencies.
Importantly, judges in court cases tend to be more flexible about discrepancies than consular officials, and attorneys can justify inconsistencies by providing additional documentation like census records or draft cards.
Filing Your Italian Citizenship Court Process
Filing your case with the correct court represents a critical juncture in yourItalian citizenship court process. Understanding jurisdictional requirements and proper filing procedures ensures your case proceeds smoothly without costly delays or rejections.
Determining Court Jurisdiction
Court jurisdiction for Italian citizenship cases changed significantly in June 2022. Previously, all 1948 cases were filed exclusively with the Civil Court of Rome. Currently, for applicants residing outside Italy, jurisdiction is determined by the birthplace of your Italian ancestor.
For 1948 cases involving female ancestors, lawsuits must be filed at the court with jurisdiction over the municipality where your Italian ancestor was born. This decentralization aims to reduce the backlog at the Court of Rome and potentially shorten processing times.
Filing with the wrong jurisdiction risks a declaration of incompetence by the judge, necessitating refiling and doubling both time and expenses. Your attorney will verify proper jurisdiction before filing to avoid this costly mistake.
Understanding Filing Fees and Costs
The financial aspects of yourItalian citizenship applicationthrough courts include several components. Following recent increases, the court filing fee (contributo unificato) now stands at €600 per individual petitioner, representing a significant change from the previous structure where a €545 fee applied per case rather than per person.
Additional costs typically include:
Revenue stamp fee (marca da bollo): €27 Ruling registration fee (passaggio in giudicato): €100-€200 depending on local tax authority Attorney fees: Variable based on lawyer's criteria and case complexity Multiple family members pursuing citizenship through the same Italian ancestor can be included in one petition. Each additional adult typically costs approximately €750, while minors can be added for around €550, making this approach cost-effective for families.
Legal Representation Requirements
Legal representation is mandatory for theItalian citizenship court process, as applicants must appoint an Italian attorney through a power of attorney. The positive aspect is that your physical presence in Italy is never required throughout the process. Your attorney handles all court appearances, documentation submissions, and procedural requirements on your behalf.
Once your attorney files your case, the court clerk's office reviews your petition and supporting documents. The clerk may request corrections or additional information if needed. Otherwise, they register your appeal within the court system and assign it a unique reference number called Numero di Ruolo Generale (RG).
The court president then assigns your case to a specific judge based on various factors, including judge availability and expertise. This administrative process typically takes about two weeks, though timelines vary depending on the court's workload.
What to Expect During the Legal Process
After filing your case, a period of administrative processing begins. Understanding the timeline and expectations during this phase helps manage your journey towardItalian dual citizenshipthrough the judicial system.
Timeline from Filing to Resolution
Once your attorney submits your petition, the court clerk reviews all documents and registers your case in the system. Within approximately two weeks, your case receives its unique identification number (RG), and a judge is assigned within several additional weeks.
The waiting period between judge assignment and your first hearing varies considerably. Typically, expect to wait between 12 to 18 months from your initial filing date before your first court date. This timeline depends on the judge's availability and the court's caseload, with some applicants facing longer waits—up to 24 months in busier jurisdictions.
MostItalian citizenship by descentcourt cases require just a single hearing. During this session, the judge examines submitted documentation and evaluates key aspects of your claim. The hearing itself is primarily procedural and usually handled remotely—your physical presence in Italy is not required.
Monitoring Your Case Progress
Tracking your case's progress is straightforward using the Giustizia Civile app. This official application allows you to check your case status by entering the court name, your case number (RG), and the filing year.
The app displays essential information including your assigned judge, hearing dates, and status updates. Following your hearing, the app will show status indicators such as riserva (judge is deliberating), accoglimento totale (claim granted), or rigetto (claim denied).
Final judgments are typically issued within 2-3 months after the final hearing. The complete process—from filing to citizenship recognition—generally takes between 1-1.5 years, considerably faster than the 3-5 years sometimes required for consular processing.
After You Win: Completing Your Italian Citizenship Journey
Securing a positive judgment in your citizenship case initiates the final administrative steps to officially become an Italian citizen. Several essential procedures must be completed to finalize your status and obtain your Italian passport.
Registering Your Court Victory
After the judge rules in your favor, a mandatory 60-day appeal period begins during which the decision can be challenged. Upon expiration of this waiting period, the judgment becomes final. Your attorney must personally collect the official ruling with the seal confirming its finality.
Next, register this final judgment with your local Italian consulate based on your residential jurisdiction. Submit the same vital records and translations used in court. The consulate forwards these documents to your ancestor's birth municipality in Italy, which completes the citizenship registration process.
AIRE Registration and Passport Application
Once your birth certificate is registered in Italy, you officially become an Italian citizen. As a citizen living abroad, you must register with the Anagrafe Italiani Residenti all'Estero (AIRE)—the Registry of Italian Citizens Residing Abroad.
AIRE registration is both a legal obligation and a prerequisite for accessing crucial consular services. Registration is free and enables you to vote by mail in Italian elections, apply for or renew your Italian passport, obtain various certificates, and renew your driver's license.
After completing AIRE registration, you can schedule a passport appointment at your local Italian consulate to receive your Italian passport and fully enjoy the benefits ofItalian dual citizenship.
Including Family Members
Multiple family members sharing the same Italian lineage can join the original petition. Following a successful ruling, all petitioners' vital records are sent to the relevant municipality for citizenship registration.
For minor children, citizenship recognition is automatic and free when included in your application. Simply provide apostilled and translated copies of their birth certificates. For children born after you receive citizenship, you must register their births before they turn 18 to secure their Italian citizenship.
Why Choose the Court Route for Italian Dual Citizenship
The judicial pathway forItalian dual citizenshipoffers distinct advantages over traditional consular processing, making it an increasingly popular choice for eligible applicants in 2025.
Speed and Efficiency
TheItalian citizenship court processtypically resolves cases within 12-24 months, compared to consular waiting periods that can extend beyond 5-7 years. This dramatic time difference allows you to secure your European citizenship and begin enjoying its benefits years earlier.
Higher Success Rates
Court cases, particularly 1948 cases, enjoy remarkably high success rates. The Italian government has largely stopped presenting counterarguments in court, and many cases are assigned to judges who have previously ruled favorably on similar cases. This creates a favorable environment for applicants with valid claims.
Family-Friendly Approach
The court system allows multiple family members to be included in a single petition, making it cost-effective for families pursuingItalian citizenship by descent. This approach can save thousands of dollars compared to individual consular applications for each family member.
Legal Certainty
Unlike consular applications that can be subject to administrative discretion, court cases provide legal certainty. Once a judge rules in your favor, your citizenship is legally established and cannot be arbitrarily revoked or challenged by administrative officials.
Conclusion: Your Path to Italian Dual Citizenship Pursuing Italian dual citizenship through courts offers a strategic alternative to the often lengthy and uncertain consular process. The judicial pathway provides solutions for those facing gender discrimination rules, excessive consular delays, or administrative roadblocks that prevent traditional applications. The court process, while requiring careful document preparation and legal representation, typically resolves cases within 12-24 months rather than the 5+ years common with consular processing. Courts have consistently ruled favorably in 1948 cases, creating powerful precedents that benefit new applicants seeking to overcome historical gender discrimination. Documentation remains the cornerstone of a successfulItalian citizenship applicationthrough courts. Meticulous attention to gathering vital records, securing apostilles, and obtaining accurate translations significantly impacts your case outcome. The jurisdictional changes since June 2022 have streamlined the process by allowing cases to be filed at courts with jurisdiction over your ancestor's birthplace. The benefits of securingItalian dual citizenshipextend far beyond the satisfaction of reconnecting with your heritage. Italian citizenship provides the right to live, work, and study anywhere in the European Union, access to Italian healthcare and social services, visa-free travel to numerous countries, and the ability to pass citizenship to your children. While the process may seem complex initially, thousands of applicants successfully navigate this path each year with proper guidance and preparation. The Italian citizenship court process represents an achievable goal for those seeking to claim their rightful place in the Italian community and secure the advantages of European citizenship. If you believe you qualify for Italian citizenship by descent but face obstacles with consular processing, consulting with an experienced Italian citizenship attorney can help determine whether the court route is right for your situation. With proper preparation and legal representation, your journey to Italian dual citizenship through the courts can begin today.