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Italian Citizenship by Descent (Jure Sanguinis) – Overcoming the “Minor Issue”

At Coco Ruggeri & Associates, we specialize in helping individuals of Italian descent navigate the complexities of Italian citizenship recognition, especially in light of the recent October 3, 2024 Circular issued by the Italian Ministry of the Interior related to the new interpretation of the art. 12 Law 1912 n. 555.

According to this new interpretation of the article 12 Law 1912 n. 555  if your Italian ancestor naturalized before August 16, 1992, while their U.S.- born child was still a minor, this may lead to the loss of Italian citizenship for that child. In the past, this interpretation primarily applied to children born in Italy, but now, it impacts minors born in the U.S. as well. This has significant consequences for individuals seeking Italian citizenship through the iure sanguinis process.

How the Circular Impacts Your Application

This new regulation affects applicants whose ancestor naturalized while they were under the age of 21 (until 1975) or under 18 (after 1975). If you or a family member were minors when the parent or grandparent naturalized, the Italian Consulates and the Comuni and most of the Italian Courts may no longer accept your administrative application.

Our Legal Services

At Coco Ruggeri & Associates, we offer expert guidance and tailored legal strategies to overcome this “minor issue.” Our team has developed solutions based on recent rulings from the Italian Supreme Court, and we are ready to help you pursue alternative legal routes, such as:

  1. Judicial Petitions in Italy (minor issue): When administrative or even judicial routes are closed for minor issue, we can help you file a judicial petition in Italian courts, leveraging our deep knowledge of Italian law. We have identified a possible legal strategy to address this minor-related issue, derived from elements found in Supreme Court rulings that were related to similar legal matters.
  2. Comprehensive Family Lineage Evaluations: We thoroughly evaluate your family’s documentation to identify alternative paths, including maternal lines or ancestors whose naturalization records may offer a better starting point. We ensure that no stone is left unturned in your citizenship application.
  3. Filing Claims for Gender Discrimination (1948 cases): For applicants affected by the 1948 rule, where women were unable to pass down Italian citizenship before that year, we offer legal strategies to challenge the Italian Consulates’ interpretation, based on claims of gender discrimination.

Why Choose Us?

At Coco Ruggeri & Associates, we are lawyers dedicated to helping our clients achieve their goal of Italian citizenship. With years of experience handling complex citizenship cases and overcoming obstacles like the “minor issue,” we provide personalized, results-oriented representation. We understand the nuances of Italian and U.S. law, and our legal team is fully equipped to take on the most challenging cases.

Next Steps

If you believe you are affected by the new Circular and face obstacles due to your family’s naturalization history, contact us today. We offer a free initial consultation to review your case and outline the best legal strategy for your citizenship application. Let us guide you through this process and help you reclaim your Italian heritage.