Re-acquisition of Italian citizenship Questions

[OpusReticulatum]

emagarotto,

Ciao!

I have some potentially good news.

While you don't appear to have a re-acquisition case, you might not have a jure sanguinis case, either.

You might have something better: you might only have to get yourself (and your family) registered in AIRE.

Here is my reasoning:

You were born in Italy to an Italian citizen (your father). At the time that you were born, your birth was registered in Vicenza, your birth place. Since your father was an Italian citizen, you were likely registered as an Italian citizen.

Your moving to the US and having US citizenship at birth (from your mother) did not have any negative effect on your Italian citizenship.

When Italian citizens move abroad, they are supposed to register in AIRE and, through the consulates, keep their Italian records up to date. This way they can maintain their passports, ability to vote in Italian elections, register any subsequent children as Italian citizens, etc.

What appears to have happened is that, since your father naturalized not long after arriving in the US (and therefore lost his Italian citizenship), this updating wasn't carried on. This is understandable, as many people who settle in a new land wish to start a new life for themselves and their families. However, since this updating wasn't done, you probably "dropped off the radar" as far as Italy is concerned.

So, now it's a matter of getting back onto their radar.

Here's what I think you need to do.

1) Make an appointment with the Vital Records (Stato Civile) office of your consulate. Tell them that you are an Italian citizen, your birth is registered in Vicenza, and that you would like to register in AIRE.

2)Bring the following documents (official versions) with you:

Items (a) through (e) will establish that you were born, and still are, an Italian citizen.

a) Your official birth certificate from Vicenza (you will need to request this from the comune, if you haven't already). This will be your primary piece of evidence for your Italian citizenship.
b) Your father's U.S. naturalization certificate. Since he naturalized in 1976, this should serve as proof that he was an Italian citizen when you were born in 1969. Since Italy is not a jure solis country, your being born in Italy is not what made you an Italian citizen: it was being born to an Italian citizen that did so. Therefore, you will want to bring proof that your father was an Italian citizen at the time of your birth.
c) Your mother's birth certificate
d) Your parents' marriage certificate - items (c) and (d) establish that your mother was born an American citizen and was one at the time of your birth, thus passing US citizenship on to you at birth. (Actually, the marriage certificate might not be necessary, since her name is on your birth certificate, but it's good to have just in case the consular official asks for it.)
e) Your US citizenship certificate. Just make sure that they know it is NOT a naturalization certificate. This is a document that proves that although you were not born in the US, your US citizenship at birth was recognized by the US and that you entered the US as a US citizen. (Thus proving that there would not have been a need for you to naturalize.)

Items (f) and (g) concern things that you will need to have registered into AIRE and with your comune in Italy.

f) Your marriage and divorce papers
g) The birth certificates of your children


While the list of documents is almost the same as those needed for a jure sanguinis case based on one's father, there are some advantages to trying this route.

First, appointments for jure sanguinis recognition cost 300 euros. But Vital Records/Stato Civile services such as registering in AIRE and the sending of documents to Italy are free for Italian citizens.

Second, appointments for jure sanguinis recognition are often booked months to a year in advance, depending on the consulate. Appointments at the Vital Records/Stato Civile office usually involves a much shorter wait time at the consulates. Some can book you in a few days or a couple of weeks.

Third, after a successful jure sanguinis appointment, you will have to wait until your Italian citizenship is officially confirmed, and that also take months to a year. Ideally, if the Vital Records/Stato Civile office accepts your documentation, they could either register you in AIRE that day or at least confirm that they will. If they do that, then you'll know that you are officially recognized as an Italian citizen. If they register your children that day, that means they would also be recognized at the same time. Now, there is a chance that they might not do anything on the day of your appointment. I'm not basing that on experience, I'm just tossing it out as a possibility. You have probably never been in AIRE, and if your family did ever register anything through the consulate , the last instance was probably 40 years ago. So, perhaps they might just take your documents, verify your birth with the comune in Vicenza, and then register you. Your case is different than most of the ones that we see on the forum, so I'm not exactly sure how the consulate would proceed (and, like many things consular, it might vary from consulate to consulate). By the way, if they do that, don't leave the original copy of your father's naturalization certificate, make sure they just copy it and give you back the original.


Your case is a little different from most others because the usual JS recognition applicant is someone born outside of Italy and whose Italian citizenship was neither recorded nor recognized at birth. The "big moment" in JS recognition, which allows you to get your official recognition letter/email, comes when your comune in Italy receives and records your birth certificate. Your birth certificate is already registered. And since you never lost your citizenship, all that you should really have to do is register with AIRE and update your vital records.

I know that I wrote a lot here. So, if you have any questions or if anything is unclear, please do not hesitate to ask.

I hope that this helps.

Buona fortuna!

(P.S. - Grazie a mler for reviewing this idea and providing suggestions.)

[mler]

Ezio,

I would just like to add to OpusReticulatum's excellent and detailed explanation of the process you should follow.

And as noted, a major advantage is that an appointment of this nature will almost certainly be easier to obtain in a timely manner, and your registration should be completed expeditiously. You will probably be able to meet with them soon after all your documents are collected.

As OpusReticulatum stated, you should not give them your father's naturalization certificate or your certificate of citizenship. Show them the originals and make a copy for their files. It should also be unnecessary to give them your own birth certificate which is already filed in your comune.

You have nothing to lose with this approach and everything to gain.

[emagarotto]

Mille grazie for this information and the time spent sharing it with me! I will go that route, for certain.

Ciao,
Ezio

[OpusReticulatum]

Prego, Ezio!

Let us know how it works out.

[emagarotto]

Hi.

I have a question about the paperwork. Couldn't I simply bring in my father's Italian birth certificate. Does the consulate care or even need to know if he was ever naturalized?

Regards,
Ezio

[mler]

It's possible that the birth certificate will be enough, but the naturalization explains a few things.

First, it provides the reason that your records were not updated with the comune or in AIRE.

It also demonstrates that you were indeed the child of an italian citizen when you were born (remember, an Italian birth certificate only demonstrates that you--and your father--were born in Italy; since Italy is not a jus soli country, an Italian birth certificate in and of itself does not prove citizenship). However, your father's naturalization demonstrates that he was indeed an Italian citizen when you were born.

It's, of course, possible that you will not need this document, but if they want proof that your father was an Italian citizen at the time of your birth, it will be good to be able to produce his naturalization papers.

[emagarotto]

Ah, I see. That makes sense. I assumed it only mattered if one was born in Italy. I was trying to limit the number of documents I need to order from Italy and the U.S.

Regards,
Ezio