Short answer: Italy changed the rules for citizenship by descent (jure sanguinis) in 2025, so not every descendant of an Italian immigrant qualifies anymore. As of November 2026, most people born abroad with another citizenship need a parent or grandparent who held only Italian citizenship, or another narrow exception. If your line qualifies, the application depends on a clean paper trail: the ancestor’s Italian birth record, New York and U.S. certificates for every person in the line, and proof of what the ancestor did or did not do about naturalization. I research that paper trail. I do not give legal advice or file citizenship applications.
Rules checked November 10, 2026. They have changed several times since 2025, so confirm every point with your Italian consulate or an Italian citizenship attorney before you spend money on documents.
Where the rules stand (as of November 2026)
Decree-Law 36/2025, converted into Law 74/2025 and in force since May 24, 2025, added Article 3-bis to Italy’s citizenship law. In short, a person born abroad who holds another citizenship is treated as never having acquired Italian citizenship by descent, unless one of these exceptions applies:
- An application or appointment was already in place by 11:59 p.m. Rome time on March 27, 2025 (or a court case was filed by then).
- A parent or grandparent held only Italian citizenship when you were born, or at the time of their death.
- An Italian parent lived in Italy for at least two continuous years after acquiring citizenship and before you were born.
Italy’s Constitutional Court upheld the law in Judgment 63/2026, and a separate question about EU law is pending before the EU Court of Justice (Case C-816/26), with no ruling as of early November 2026. For New Yorkers, the Italian Consulate General in New York says its waiting list for new descent applications is closed, and Law 11/2026 moves adult applications to a central office in Rome from January 1, 2029. If your line runs through an Italian woman, the 1948 rule below also matters. Read the New York consulate’s own page before you act.
Mother’s side vs. father’s side: the 1948 rule
Through a father, there is no 1948 limit. Under the 1912 law an Italian father passed citizenship to his children whatever year they were born. Through a mother, her child’s birth date matters. The 1912 law did not let a woman pass citizenship to her children. The Constitutional Court struck that rule down in 1983, and in 2009 the Court of Cassation extended the fix to children born before 1948 (both are recounted in Judgment 63/2026). Consulates still recognize a maternal line only for a child born on or after January 1, 1948, the Foreign Ministry says. If the Italian woman’s child was born earlier, it is called a 1948 case: the consulate refuses it and an Italian court decides it.
Marriage before 1948. An Italian woman who married a foreigner before 1948 and took his citizenship was treated as having lost hers. The Constitutional Court struck that down in 1975, and Italian courts have recognized such women as never having lost it, which is another route into a 1948 case.
How the 2025 law changes this. As of November 2026, a 1948 court case filed after March 27, 2025 must still meet Article 3-bis: a parent or grandparent who held only Italian citizenship, or the two-year-residence exception. A line through an Italian great-grandmother with U.S.-born descendants therefore generally no longer works for a new filing. Cases filed in court by March 27, 2025 follow the older rules. I trace the women and dates in your line, but confirm with an Italian-law attorney whether it works.
The records, step by step
1. Screen your family line first
Before ordering anything, write down answers to five questions. They decide whether the rest of this list is worth your money.
- How many generations are you from the Italian-born ancestor? Many Brooklyn families descend from great-grandparents who arrived between 1880 and 1920. In plain terms, that often puts the Italian-born ancestor beyond the parent or grandparent the exception names.
- Did that ancestor ever naturalize anywhere, or did they stay an Italian citizen only?
- Did an Italian parent live in Italy for two straight years after becoming a citizen?
- Does anyone in your line have an appointment, application or court case dated on or before March 27, 2025?
- Does the line run through an Italian woman whose child was born before January 1, 1948? That is a 1948 case, explained above.
If the answers are unclear, that is a records question I can help with. The eligibility conclusion belongs to the consulate or an attorney.
2. Pin down the Italian ancestor and the exact comune
The consulate needs the birth record from the comune (the municipality) where the birth was registered. “Naples” on a family story may mean the province, a village, or the port they sailed from. Work backward from naturalization papers, draft cards, ship manifests and the 1925 and 1915 New York State censuses. Test spelling variants of the surname, and start with the Italian surnames guide and the Italian genealogy overview.
3. Get the official record from the comune
Free scans on the Antenati portal are excellent for research, but they are not accepted for a citizenship application. The New York consulate asks for an estratto of the birth record issued by the comune within six months of your appointment. Ask whether it includes marginal notes, which some consulates require, and request the ancestor’s marriage record the same way if the marriage was in Italy.
4. Collect the New York and U.S. certificates for each person in the line
Each descendant in line, including you, generally needs a birth certificate, marriage certificate and death certificate where applicable, and the New York consulate asks for long-form versions. Per the NYC Municipal Archives, its holdings run through 1909 for births, 1948 for deaths and 1949 for marriages. Later records come from the NYC Health Department (births and deaths) or the City Clerk (marriages). For legal uses such as dual citizenship, the Archives tells you to request a Letter of Exemplification. See the Archives’ FAQ, and our guides to birth, marriage and death records.
5. Document what the Italian-born ancestor did about naturalization
Under the current rules, this step often decides the file. If the ancestor became a U.S. citizen, you need the naturalization certificate or the underlying declaration, petition and oath, and the date matters. If the ancestor never naturalized, the New York consulate expects the applicant to show it, for example with certificates of non-naturalization or records showing the ancestor lived in the U.S. as an alien. Proving a negative takes real searching, because the ancestor may appear as “Sam” in one record and “Salvatore” in another, with birth years that disagree. The USCIS Genealogy Program and the National Archives hold naturalization records, depending on the court and year.
Why the date matters: naturalization before a child’s birth, or during the child’s minority, affected the chain under older rules. In August 2026 Italy’s Interior Ministry (Circular 65050) reversed a 2024 position on some naturalizations between 1912 and 1992. How that applies to you is for the consulate or an attorney. My job is to find the document and the exact date.
6. Reconcile names and dates before the consulate sees them
The New York consulate’s checklist says names on every document must match the Italian birth record. Common problems are an Americanized first name, a surname that changed on a later record, and a wrong comune. NYC’s historical birth records before 1910, death records before 1951 and marriage records before 1950 cannot be amended, so the fix usually comes from other evidence. I flag each mismatch early, with the records that explain it.
7. Apostille and translation
U.S. records for the application generally need an apostille and an Italian translation. For NYC certificates, the NYS Department of State says the record must first be certified by the County Clerk, then submitted for an apostille at $10 per document. See its apostille instructions. Your consulate sets the translation rules.
A Brooklyn example (illustrative, not a real client)
Say a reader in New Jersey asks about her Brooklyn-born father’s family. Her grandfather, “Salvatore,” was born in a small Sicilian town in 1898 and arrived in 1921. Family lore says he “became American,” but the 1925 New York census lists him as “Sam,” and his death certificate gives a different birth year. The work is to find his comune, then search every name spelling for a naturalization record. If none exists, the result is a documented set of searches that could support the consulate’s non-naturalization requirement. If one does, its date becomes the key fact. This family is invented to show the research problems, and the consulate would decide whether a real family qualifies.
How I can help
I handle the record research behind a citizenship file. I can:
- identify your Italian ancestor and comune and trace the New York line forward
- locate the New York and U.S. certificates and naturalization records
- search for, and document, the absence of a naturalization record under every name variant
- flag mismatches in names and dates before you submit anything
- give you a document-by-document list showing what was found and what is still missing
Citizenship record searches start at $200 per record, and I’ll quote the job before any work begins. I do not give legal advice, decide whether you qualify, or file or submit an application. I can’t promise a record exists or that a consulate will accept it. If you want a starting point on your family line, see the $99 beginner project, which does not include citizenship documentation packages. For a specific citizenship records question, see hiring an Italian genealogist or contact me and choose the brick-wall or specific-goal option. Include the Italian-born ancestor’s name, approximate birth year, comune if you know it, and any Brooklyn addresses.
Frequently asked questions
Can I still get Italian citizenship through a great-grandparent?
As of November 2026, usually only if an exception applies, such as an application or appointment in place by March 27, 2025, or a parent or grandparent who held only Italian citizenship. Italy’s Constitutional Court upheld the 2025 law in 2026, and an EU court question is pending. Confirm your situation with an Italian consulate or an Italian citizenship attorney.
Can I get Italian citizenship through my mother’s side?
Possibly. As of November 2026, Italy treats a mother and a father alike for children born on or after January 1, 1948. If the Italian woman in your line had her child before 1948, it is a 1948 case that a consulate refuses and an Italian court decides, and a new case must also meet the 2025 rule that a parent or grandparent held only Italian citizenship. Confirm your line with an Italian-law attorney.
Why does the naturalization date matter?
A naturalization date shows whether the Italian-born ancestor still held Italian citizenship at key moments in the family line, such as a child’s birth. How older naturalizations are treated changed in 2026, so the date should be documented exactly and reviewed by the consulate or an attorney.
Which New York certificates do I need?
The New York consulate asks for long-form certificates for each person in the line. For NYC records used for legal purposes, the Municipal Archives directs researchers to request a Letter of Exemplification. Records then need County Clerk certification and an apostille from the NYS Department of State.
What if my ancestor’s name or birth date is different on different records?
Names must match the Italian birth record, and mismatches usually have to be corrected or explained. Older NYC historical records cannot be amended, so the fix often depends on other evidence. A genealogist can gather the records that connect the variants.
Can you tell me if I qualify or file my application?
No. I do record research. I do not give legal advice, decide eligibility, or file citizenship applications. Ask the Italian consulate or an attorney whether you qualify.
General genealogy information, not legal advice. Italian citizenship rules and consulate practice change often. Last reviewed November 10, 2026.