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Under Decree-Law 36/2025 (converted into Law 74/2025), a person born abroad who holds another citizenship, such as an American, is considered never to have acquired Italian citizenship, unless a listed exception applies: for example, a parent or grandparent who held only Italian citizenship, a parent who lived in Italy for two continuous years after becoming Italian, or a request made before the 27 March 2025 cutoff. Check your line of descent before you spend money.
Many Americans trace a grandparent or great-grandparent to Naples, Salerno or Bari and ask whether they are Italian. Until 2025 the answer was often yes, with no limit on generations. A 2025 reform changed this. This guide explains the rule as it appears in the official texts, the exceptions, and the questions to answer first. It is general information: every family line needs to be checked on documents.
Legal references
What the law now says
The Decree-Law added art. 3-bis to Law 91/1992. According to the consolidated text on Normattiva, a person born abroad who holds another citizenship is considered never to have acquired Italian citizenship, except in the cases listed. The Ministry of Foreign Affairs summarizes the exceptions on its official page: an ancestor in the first or second degree who held, or had held at the time of death, exclusively Italian citizenship; or a parent or adoptive parent who lived in Italy for at least two continuous years after acquiring Italian citizenship and before the applicant’s birth. Source: Ministry of Foreign Affairs: citizenship.
The exceptions in plain English
| Situation | What it means |
|---|---|
| Request made before the cutoff | Applications made before 23:59 Rome time on 27 March 2025 (or with an appointment date communicated by the office), and judicial cases started in time, are treated under the earlier rules. |
| Parent or grandparent only Italian | A parent or grandparent (first or second degree) who had only Italian citizenship, now or at death. |
| Parent lived in Italy two years | A parent who lived in Italy for two continuous years after acquiring Italian citizenship, before your birth. |
“First or second degree” means parent or grandparent. A great-grandparent is a third-degree ancestor. The official text and the Ministry page are the reference; do not rely on forums.
Typical case
A problem that happens often. Typical case described in general terms: names, places and details do not refer to real people or cases.
An American from New Jersey knows that her great-grandfather left a village near Salerno in 1905. Her grandparents and parents were born in the United States and held only US citizenship. After the reform, a line through a great-grandparent alone does not appear in the exceptions listed above, unless another rule applies. A check on the documents, before ordering certificates and translations, would save time and money.
Facing a similar situation? You can send your documents to the firm for an assessment, from anywhere in the world.
Book a consultationOther points to check
- Was the ancestor Italian when the next generation was born? The Ministry page notes that the procedure requires verifying that the ancestor retained citizenship.
- Naturalization. Did the ancestor become an American citizen, and when? This must be checked on documents.
- Court cases and the Constitutional Court. Reports indicate that the reform was challenged and that the Constitutional Court and the Court of Cassation have addressed it in 2026. The outcome and the exact reasoning must be read on the official texts before relying on them.
- Re-acquisition. Special rules for people born in Italy or who lived there for a period, within set windows.
What to do first
- Draw the family line: names, birthplaces, dates, for each generation.
- Identify the first Italian ancestor and whether each person in the line held only Italian citizenship.
- Check each exception above against the line before ordering documents.
- Ask for a legal assessment if the line is uncertain. See documents, apostille and where to apply.
Frequently asked questions
Can I still apply if my great-grandparent was Italian?
Generally, a line through a great-grandparent alone does not appear in the exceptions of art. 3-bis, unless another rule or a case before the cutoff applies. Have the line checked.
Does the reform apply to me if I was born in the United States?
The rule concerns people born abroad who hold another citizenship, which includes Americans.
Is the law final?
Court decisions and later amendments can change the picture. Check the consolidated text and recent judgments before deciding.
Can the firm guarantee that I will be recognized as Italian?
No. Eligibility depends on documents and the law in force; no outcome can be promised.
Related guides
Questions about property or an inheritance in Italy?
Every situation must be assessed on the documents of the specific case. You can consult the firm from anywhere in the world: by video call, phone, WhatsApp or email. The first meeting is held in Italian. If you speak English, a video call on Google Meet from a computer may offer Italian–English translation as a support, without any guarantee; it does not replace an interpreter or a certified translation. Appointments in person in Naples (Piazza Giovanni Bovio 22 and Via Monte di Dio 14), Rome and Bari.
Official sources
- Decree-Law 36/2025, consolidated text (Normattiva)
- Law 91/1992 on citizenship (Normattiva)
- Ministry of Foreign Affairs: Italian citizenship (consular procedure and 2025 changes)
- U.S. Embassy & Consulates in Italy: obtaining vital records
- U.S. Embassy & Consulates in Italy: American Citizen Services
- U.S. Embassy & Consulates in Italy: contact
- U.S. Department of State: Italy country information
- Italian Ministry of Foreign Affairs: consular services and visas
Information updated on October 10, 2026. This is general information, not legal advice. The firm does not advise on United States law or taxes.
Text prepared with the help of artificial intelligence tools and reviewed under the responsibility of Avv. Renato Giuseppe Fiorentino on October 10, 2026.