How to apply in Italy for US Italian dual citizenship with a 1948 case
Italian Americans, whose case for Italian citizenship by descent, involves the 1948 Rule can directly apply in Italy for US-Italian dual citizenship without going to Italy or first applying at an Italian consulate.
Italian citizenship by descent cases that involve the 1948 Rule are called 1948 cases.
When it comes to 1948 cases, there are three things to know:
- You can apply in Italy through the court
- You never have to deal with an Italian consulate for the recognition process
- Italian citizenship by descent 1948 cases have no residency requirements
This means 1948 cases can bypass the Italian consulate and its time-consuming process completely, and be filed directly in Italy.
Furthermore, if you use a trusted and experienced Italian-based citizenship service, whose expertise is Italian citizenship by descent Apply in Italy cases, you will never need to travel to Italy for any part of your recognition process.
Futura Italian Citizenship provides a complete 1948 Apply in Italy service that includes a free initial consultation, collecting all Italian documents, and a skilled Italian attorney that is an expert in citizenship law.
Here is everything you need to know about the 1948 Rule and Italian citizenship by descent cases.
Can females pass Italian citizenship on to descendants?
Yes and no – it depends on where you apply for Italian citizenship by descent.
Italy’s citizenship laws all date back to the nation’s original law of 1912.
Italy’s 1912 citizenship law only recognized the ability of fathers to pass citizenship on to their children.
At the turn of the 20th century, Italy was not a constitutional republic as it is today, but the Kingdom of Italy. On January 1, 1948, Italy became a constitutional republic when the Italian constitution came into effect.
Due to confusion created between the 1948 constitution and the pre-existing 1912 citizenship law, the issue of the maternal line finally reached Italy’s Constitution Court in 1983.
The Constitutional Court ruled, citizenship equally passed through both paternal and maternal lines, and since the Italian constitution took effect on January 1, 1948, the new ruling applied to all cases from that date onward.
Following the Constitutional Court’s ruling, in 1983 the Italian government turned the Court’s ruling into new law – the 1983 Nationality Law.
The current body of law governing Italian citizenship was enacted in 1992 and guarantees both mother and father equally pass on citizenship to their children.
What is the 1948 Rule for US Italian dual citizenship by descent?
The 1948 Rule is an administrative rule used by consulates that states, mothers can only pass Italian citizenship to children born after January 1, 1948.
If an Italian American is born before January 1, 1948, to an Italian mother and non-Italian father, citizenship did not pass – per the 1948 Rule.
The 1948 Rule is consistent with the 1912 law but not the 1983 Constitutional Court ruling because the 1983 court ruling only applies to Italian courts – not to Italian consulates.
Italian consulates continue to enforce administrative rules created by the original 1912 law.
Since the 1983 Constitutional Court ruling and the 1992 Citizenship law effectively replaced the 1912 law, consulates created the 1948 Rule to automatically deny cases involving the maternal passage of Italian citizenship before 1948.
How is the 1948 rule applied?
The 1948 Rule is an administrative rule that only exists at Italian consulates.
All Italian consulates in the United States apply the 1948 Rule universally and consistently as standard operating procedure.
There is no 1948 Rule when you apply in Italy for Italian citizenship by descent.
Cases for Italian citizenship by descent filed at an Italian consulate in the United States involving the passage of Italian citizenship from mother to child before 1948 are automatically denied.
For example –
❎ Gf -> M -> You [born before 1948] = Consulate automatic denial ❎
✅ Gf -> M -> You = Apply in Italy APPROVAL
All cases involving the passage of Italian citizenship from mother to child, before 1948, must be submitted to an Italian court – only judges have the authority to enforce the 1983 decision.
In other words, if you rely upon a female in-line ancestor for your Italian citizenship by descent case, then your only option is to apply in Italy.
1948 case – Applying in the US at an Italian consulate
As previously stated, all 1948 cases are automatically denied by every Italian consulate and embassy – no exceptions.
The 1948 Rule is purely a consulate rule and standard operating procedure for all consulates, so there is no wiggle room or matters to interpret.
The consulate simply subjects all Italian citizenship by descent cases to a very straightforward test –
Does Italian citizenship by descent rely on citizenship being passed from mother to child at any time before 1948?
If the answer to that question is YES, the case is automatically denied.
Furthermore, 1948 cases are not expedited through the process by consulates because of their inevitable denial.
Italian Americans with 1948 cases still need to prepare their case as if it does not involve the 1948 Rule. The non-refundable $300 filing fee needs to be paid in full and then wait in line to receive its automatic denial.
Filing a 1948 case at an Italian consulate is simply paying hundreds of dollars to waste years waiting to receive your inevitable denial.
1948 case – Applying for Italian citizenship by descent in Italy
The only option for Italian citizenship by descent for all Italian Americans with a 1948 case is to apply in Italy for recognition.
Italian consulates will not recognize any 1948 cases – consulates will only issue automatic denials per the 1948 Rule.
The good news – 1948 cases have no residency requirement and no in-person requirement to apply in Italy, meaning you can directly submit your case for Italian citizenship by descent in Italy without ever having to travel to Italy or deal with an Italian consulate.
You don’t need to pay hundreds of dollars for a consulate denial. Italy’s courts are open to recognizing your US-Italian dual citizenship from the beginning.
Futura Italian Citizenship provides everything needed to effectively litigate your 1948 case in every district court in Italy – from beginning to end without ever having to use the consulate process.
Along with our seasoned legal team we act on your behalf and in your interests throughout the process so you never need to appear in person.
Appealing a 1948 denial in Italy
As with all legal issues that require a court to interpret and decide a resolution, there is never any guarantee of an outcome.
When it comes to the 1948 rule and Italian citizenship by descent cases, there are typically 2 reasons Italian Americans receive a negative decision and need to appeal –
- They wasted time applying at a consulate
- The so-called “Minor Issue”
As previously stated, there is no possibility for recognition through a consulate with a 1948 case. Thus, if you were not aware of the situation and applied through a consulate anyhow, you would now need to appeal that denial in Italy.
The so-called “Minor Issue” is very much like the 1948 rule, meaning it is an administrative rule that is only applied by consulates. However – for reasons no one genuinely understands – some Italian judges try to enforce this rule in Italy as well.
The “Minor Issue” states that Italian citizenship is terminated if an Italian parent naturalizes while the next in line is still a minor. Under this rule, a person is a minor until they reach the age of 21.
Thus, if the parent naturalizes – in this case, the mother – Italian citizenship does not pass to any child under the age of 21 – regardless of year of birth.
This rule does not apply in Italy.
In Italy, citizenship automatically passes at birth. As long as a parent is still an Italian citizen when the next in line is born, naturalization of the parent – after the child’s birth – has no effect on the citizenship by descent process.
This includes 1948 cases, however some judges in Italy are applying the “Minor Issue” to 1948 cases and using it as a reason for denial.
These cases can be – and should be – appealed.
To appeal your 1948 Rule denial is the same process regardless of what the reason is for the initial denial.
You must hire an Italian attorney that is an expert in citizenship law and can successfully practice law in the district court for the comune where your LIRA was born.
The attorney that you are already using can continue to represent your case and handle the appeal for you, if you wish. Or you can hire a new attorney to handle the appeal. That is purely a personal decision based upon your faith and relationship with that attorney.
Important changes to citizenship by descent 1948 cases
As of 2022, a change in the citizenship law now requires all 1948 cases to be litigated in the district court for the comune where the Italian ancestor is from.
This is extremely important to know, as previously, all 1948 cases were handled in Rome. Thus, the vast majority of attorneys handling 1948 cases only have experience working with courts in Rome.
You will need an attorney that can effectively and successfully litigate your appeal in the district court representing your LIRA’s birth comune.
Futura Italian Citizenship provides a complete 1948 Apply in Italy service- available for 1948 Rule denials by consulates – leveraging our skilled legal network that has successfully litigated citizenship throughout Italy.
Appealing the 1948 consulate denial in Italy is essentially the same as applying in Italy in the first place instead of at the consulate, except you have wasted time and money to get to this point.
What do I need to do to apply in Italy with a 1948 case?
As with all our services, Futura Italian Citizenship handles nearly everything for you.
However, 1948 cases have some elements the client needs to handle themselves.
If you want to apply in Italy with a 1948 case, here is what you need to do –
- Schedule your FREE case consultation with Futura Italian Citizenship
- Collect all US records
- Properly prepare all US records
- Sign the Power of Attorney sent to you by Futura Italian Citizenship
- Mail everything to Italy
- Once you are recognized, Futura Italian Citizenship will mail your new Italian ID card and birth certificate to your US address
- You must register your address in AIRE – you can do it online
- Apply for your Italian EU passport at the Italian consulate [if you want it]
If you submit your 1948 case for recognition in Italy, the only reason to go to the Italian consulate is to apply for and pick up your new Italian passport.
Everything else, except your AIRE registration, will be done for you, on your behalf, – so you can go on living your life without any interruptions.
Futura Italian Citizenship is very proud to be –
- 🇮🇹 Among the few recognition services with nearly 100% rate of client success
- 🇮🇹 One of the most affordable providers while offering the same quality and spectrum of services as our $10,000+ competitors do.
Futura Italian Citizenship is also one of the few recognition services that are 100% Italian-based and deals personally with comune officials daily.
There is NO RISK to finding out how good your case for US-Italian dual citizenship is.
Book your FREE consultation now.