# Visa requirements for Italian born USA citizen relocated to Italy



## amerisiciliano1962

Hi, I was born in Italy to Italian born parents in 1962. When I was born both parents were Italian residents and citizens. My parents immigrated to the USA in 1967 and we all became naturalized citizens in 1972. Do I need a Visa to move back to Italy and become a permanent resident. Thanks.


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## BBCWatcher

You only need a visa to become a resident of Italy if you do not intend to reacquire your Italian citizenship.

If you intend to reacquire your Italian citizenship -- I recommend that -- then you should make an appointment at your local Italian consulate. Bring evidence of your prior possession of Italian citizenship -- an official copy of your Italian birth certificate should do nicely -- and proof of ID (your U.S. passport). You'll also need to bring evidence of your residence within that consulate's jurisdiction: a state-issued driver's license or ID with your current address and a couple utility bills will do nicely.

Once at the consulate you would make your declaration of your intention to reacquire Italian citizenship per Article 13, Paragraph 1, Section (c) of the 1992 citizenship law (Legge N. 91, 5 febbraio 1992), as amended. Important: Section (c), not Section (d). Once you've made your declaration you have up to one year to move to Italy. If you don't, you have to make another declaration then you get another year to move.

As a U.S. citizen you do not need a visa to relocate to Italy for these purposes, with your declaration in hand. You can travel to Italy on your Schengen visa waiver privileges. (If the airline balks at boarding you because you bought a one-way ticket, show them your declaration. If that doesn't work, be prepared to buy a fully refundable onward or return ticket on a credit card to solve that problem.)

There will be a 200 euro fee collected at some point for your reacquisition of citizenship, but I think that's collected after you arrive and pursue the remaining formalities in Italy, at your new commune's Anagrafe. They'll need also some evidence of residence such as an apartment lease, per normal. Communes vary in how quickly they'll process your citizenship reacquisition, but "weeks" is a reasonable expectation. Smaller communes are probably slower than the bigger ones. Note that you cannot take employment until your citizenship is reacquired and documented, so be prepared to live off savings for a while, particularly given the weak economy in Italy anyway.

If you have minor (under age 18) children as of the date you reacquire your citizenship, they will also acquire Italian citizenship when you reacquire. If that situation applies, work with your local consulate to get their birth certificates suitably prepared and bring them with you to register. If you have a child getting close to age 18 be very aware of that deadline because it makes a big difference to that child, obviously. (Also insist your local consulate see you quickly if you're getting near that deadline.) This is per Article 14 in the same law, and it requires the child/children to accompany you as co-residents.

Your parents each have the same option to reacquire their citizenships through the same procedures if they wish.

Welcome back.


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## amerisiciliano1962

BBCWatcher said:


> You only need a visa to become a resident of Italy if you do not intend to reacquire your Italian citizenship.
> 
> If you intend to reacquire your Italian citizenship -- I recommend that -- then you should make an appointment at your local Italian consulate. Bring evidence of your prior possession of Italian citizenship -- an official copy of your Italian birth certificate should do nicely -- and proof of ID (your U.S. passport). You'll also need to bring evidence of your residence within that consulate's jurisdiction: a state-issued driver's license or ID with your current address and a couple utility bills will do nicely.
> 
> Once at the consulate you would make your declaration of your intention to reacquire Italian citizenship per Article 13, Paragraph 1, Section (c) of the 1992 citizenship law (Legge N. 91, 5 febbraio 1992), as amended. Important: Section (c), not Section (d). Once you've made your declaration you have up to one year to move to Italy. If you don't, you have to make another declaration then you get another year to move.
> 
> As a U.S. citizen you do not need a visa to relocate to Italy for these purposes, with your declaration in hand. You can travel to Italy on your Schengen visa waiver privileges. (If the airline balks at boarding you because you bought a one-way ticket, show them your declaration. If that doesn't work, be prepared to buy a fully refundable onward or return ticket on a credit card to solve that problem.)
> 
> There will be a 200 euro fee collected at some point for your reacquisition of citizenship, but I think that's collected after you arrive and pursue the remaining formalities in Italy, at your new commune's Anagrafe. They'll need also some evidence of residence such as an apartment lease, per normal. Communes vary in how quickly they'll process your citizenship reacquisition, but "weeks" is a reasonable expectation. Smaller communes are probably slower than the bigger ones. Note that you cannot take employment until your citizenship is reacquired and documented, so be prepared to live off savings for a while, particularly given the weak economy in Italy anyway.
> 
> If you have minor (under age 18) children as of the date you reacquire your citizenship, they will also acquire Italian citizenship when you reacquire. If that situation applies, work with your local consulate to get their birth certificates suitably prepared and bring them with you to register. If you have a child getting close to age 18 be very aware of that deadline because it makes a big difference to that child, obviously. (Also insist your local consulate see you quickly if you're getting near that deadline.) This is per Article 14 in the same law, and it requires the child/children to accompany you as co-residents.
> 
> Your parents each have the same option to reacquire their citizenships through the same procedures if they wish.
> 
> Welcome back.


Thanks for the information BBC Watcher, I tried the procedure you described back in 2012. I went to Italian consulate in Boston and made my declaration of intention to reacquire Italian citizenship. I also got a 365 day elective residence Visa just in case. The Italian consulate in Boston sent the "citizenship docs" to my commune where I would be residing. When I arrived and went to commune to begin the process they did not know how to process the paperwork and told me I would have to wait 1 year. I met with them several times and did not get anything accomplished. After a couple of months I had to return to the USA for family reasons. Later this year I plan to return to Italy and try again. I'm not sure if I should just try to become a legal resident or try to reacquire citizenship. This time I will insist I take the citizenship paperwork with me so I may use it at another commune if necessary. I'm thinking of going to a larger city where they may have more experience with this process. 

Some other questions are: 

1. Visa - elective residence- what happens after the visa expires in 365 days? Will I have to leave Italy, if not an Italian citizen?

2. Should I reapply to the Italian Consulate to reacquire Italian citizenship and also get another Visa (365 days) for my next trip later this year? Do I need both?

3. Once in Italy, what happens to my legal status if my Visa expires and I have not reacquired Italian citizenship? Will I become an illegal alien and be deported? 

I appreciate your comments. Thanks.


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## BBCWatcher

amerisiciliano1962 said:


> I'm thinking of going to a larger city where they may have more experience with this process.


Try Bologna.



> 1. Visa - elective residence- what happens after the visa expires in 365 days? Will I have to leave Italy, if not an Italian citizen?


If you get a visa (rather than entering on a visa waiver), such as an ER visa, once you enter the visa is finished and moot. Visas are for entry for a specific purpose, nothing more. You then apply for a residence permit (PdS). The residence permit then has an expiration date. When the expiration date approaches, if you are not a recognized Italian citizen (and do not have EU/EEA status) you apply for renewal. Residence permits granted for elective residency are normally easy to renew as long as you continue to demonstrate at least the minimum financial ability.



> 2. Should I reapply to the Italian Consulate to reacquire Italian citizenship and also get another Visa (365 days) for my next trip later this year? Do I need both?


You will need the former since your previous declaration is old and now moot. If you enjoy Schengen visa waiver privileges, as U.S. citizens do, you do not need a visa for these purposes.

If for some reason your reacquisition of Italian citizenship takes (or threatens to take) longer than 90 days (your Schengen visa waiver stay limit) -- probably not in Bologna -- you can apply for a PdS per attesa cittadinanza.

Deportation is a legal process. You cannot be deported if you have fulfilled all your legal requirements to reacquire citizenship. That means making your declaration, establishing residence in Italy within one year of your declaration, and contacting your new commune to complete those formalities. If bureaucratic incompetence then ensues, so be it, but as long as you (and possibly your attorney) aren't also incompetent, you're staying in Italy if you want.

I'm sorry to hear you encountered an incompetent commune. I'm surprised you didn't immediately find another one.

There are attorneys in Italy who offer "reacquisition packages." For a fee, of course. They establish good relations with a particular commune (Bologna, as an example), help arrange apartments for those reacquiring citizenship, perhaps drive you to the right government office and take you to the right window, and so on. If you place a high value on your time, you may find such service a reasonable choice.


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## amerisiciliano1962

"I'm sorry to hear you encountered an incompetent commune. I'm surprised you didn't immediately find another one."

The commune would not give me my citizenship paperwork.


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## BBCWatcher

amerisiciliano1962 said:


> The commune would not give me my citizenship paperwork.


Incompetent and rude. 

Well, that was one way to boost their local economy.


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## Arturo.c

amerisiciliano1962 said:


> Hi, I was born in Italy to Italian born parents in 1962. When I was born both parents were Italian residents and citizens.


This means that you were also an Italian citizen by birth.



amerisiciliano1962 said:


> My parents immigrated to the USA in 1967 and we all became naturalized citizens in 1972.


That's not entirely true, because due to the fact that you were a minor when they naturalized themselves, you should have been given the opportunity to opt for either the Italian and the American citizenship when you turned 18. Probably the Italian Consulate sent the papers to an old address and they went returned to the sender.



amerisiciliano1962 said:


> The Italian consulate in Boston sent the "citizenship docs" to my commune where I would be residing. When I arrived and went to commune to begin the process they did not know how to process the paperwork and told me I would have to wait 1 year.


IMHO this sounds like baloney to me. The new law on citizenship has been in force since 1991, and they must have known all too well how to process the paperwork. However, they seem to have confused section (c) with section (d) of article 13, paragraph 1 of of the 1992 citizenship law (Legge N. 91, 5 febbraio 1992), and therefore mistakenly believed that you had to wait one year from your arrival to reacquire your Italian citizenship (as provided by *section d* of said paragraph), while in fact you had the right to reacquire your Italian citizenship immediately (as provided by *section c*).

My advice to you is to start the process once again, but this time tell the Consulate-General in Boston that you intend to move back to your Comune of birth.

This will prove advantageous not only because they already have all the relevant paperwork in their records, but also because I assume that you still have close relatives living there, and among them there will surely be somebody who works in the Comune or who is married or otherwise related with somebody employed there (this is more likely to happen in small places than in big places). 

So, if things look like they're getting stalled again, just enlist the help of your local relatives, and they will surely find a way to get over the hurdle.


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## amerisiciliano1962

Arturo.c said:


> This means that you were also an Italian citizen by birth.
> 
> 
> 
> That's not entirely true, because due to the fact that you were a minor when they naturalized themselves, you should have been given the opportunity to opt for either the Italian and the American citizenship when you turned 18. Probably the Italian Consulate sent the papers to an old address and they went returned to the sender.
> 
> 
> 
> IMHO this sounds like baloney to me. The new law on citizenship has been in force since 1991, and they must have known all too well how to process the paperwork. However, they seem to have confused section (c) with section (d) of article 13, paragraph 1 of of the 1992 citizenship law (Legge N. 91, 5 febbraio 1992), and therefore mistakenly believed that you had to wait one year from your arrival to reacquire your Italian citizenship (as provided by *section d* of said paragraph), while in fact you had the right to reacquire your Italian citizenship immediately (as provided by *section c*).
> 
> My advice to you is to start the process once again, but this time tell the Consulate-General in Boston that you intend to move back to your Comune of birth.
> 
> This will prove advantageous not only because they already have all the relevant paperwork in their records, but also because I assume that you still have close relatives living there, and among them there will surely be somebody who works in the Comune or who is married or otherwise related with somebody employed there (this is more likely to happen in small places than in big places).
> 
> So, if things look like they're getting stalled again, just enlist the help of your local relatives, and they will surely find a way to get over the hurdle.


Thanks for the advice Arturo and BBC Watcher, When the time comes, I will again apply to re-acquire my Italian citizenship at my Boston consulate. I think I will also get a 365 day elective residence visa. This time, I would like to receive the he citizenship documents in hand and have them in my possession so I may deliver them to the commune of my choice. I will again try in my birth town but I want to be able to go elsewhere if need be....Is this acceptable as far as you know? Can I receive these document in hand and deliver them myself? Thanks.


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## BBCWatcher

Arturo.c said:


> That's not entirely true, because due to the fact that you were a minor when they naturalized themselves, you should have been given the opportunity to opt for either the Italian and the American citizenship when you turned 18. Probably the Italian Consulate sent the papers to an old address and they went returned to the sender.


Under what provision of Italy's citizenship laws in force in 1972 -- primarily the 1912 citizenship law (as amended) but also the 1948 constitution?

No, he lost Italian citizenship in 1972 -- involuntarily as a minor, yes, but that's what the law dictated. Article 7 of the 1912 citizenship did not protect him.



> IMHO this sounds like baloney to me.


Yes, stipulated. That particular commune refused to follow the law, for whatever reason(s). The easiest solution is/was to find another commune that actually follows the law. (A lawsuit is/was the other major option.)

With respect to your paperwork (e.g. declaration of intent), you can ask for official copies, sure. The consulate in Boston will still need to forward your paperwork (electronically these days) to the commune where you intend to reside.

You can apply in any commune as long as you establish residence there. (Hint: Bologna, Bologna, Bologna. Unless you've got good reports from elsewhere.) "Residence" does not mean "cannot travel." Once your citizenship is restored you can establish residence in any other commune -- on the next day, if you wish.

I don't know what purpose an ER visa serves in these circumstances. If a commune is "confused" and thinks section (d) applies then you've got one year of residence, "renewable" to citizenship reacquisition. An ER visa doesn't let you seek employment, and it isn't free. It doesn't help you stay any longer -- a Pds per attesa cittadinanza takes care of that. You're not deportable as long as you fulfill your side of the obligations. You can get an ER visa if you really want, but I don't see the point.


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## amerisiciliano1962

BBCWatcher said:


> Under what provision of Italy's citizenship laws in force in 1972 -- primarily the 1912 citizenship law (as amended) but also the 1948 constitution?
> 
> No, he lost Italian citizenship in 1972 -- involuntarily as a minor, yes, but that's what the law dictated. Article 7 of the 1912 citizenship did not protect him.
> 
> 
> Yes, stipulated. That particular commune refused to follow the law, for whatever reason(s). The easiest solution is/was to find another commune that actually follows the law. (A lawsuit is/was the other major option.)
> 
> With respect to your paperwork (e.g. declaration of intent), you can ask for official copies, sure. The consulate in Boston will still need to forward your paperwork (electronically these days) to the commune where you intend to reside.
> 
> You can apply in any commune as long as you establish residence there. (Hint: Bologna, Bologna, Bologna. Unless you've got good reports from elsewhere.) "Residence" does not mean "cannot travel." Once your citizenship is restored you can establish residence in any other commune -- on the next day, if you wish.
> 
> I don't know what purpose an ER visa serves in these circumstances. If a commune is "confused" and thinks section (d) applies then you've got one year of residence, "renewable" to citizenship reacquisition. An ER visa doesn't let you seek employment, and it isn't free. It doesn't help you stay any longer -- a Pds per attesa cittadinanza takes care of that. You're not deportable as long as you fulfill your side of the obligations. You can get an ER visa if you really want, but I don't see the point.


Ok, My family is primarily located in a small town in Sicily. I don't have any family in Bologna but I will keep it in mind as a back-up plan. So, I think I finally understand. The procedure is, declare my intent to reacquire Italian Citizenship at the Boston consulate, then upon arriving in Sicily go to the post office and complete the PDS "kit" and apply for the Permesso Di Sorgiorno (PDS) per attesa di cittadinanza. This procedure will have fullfilled my responsibilities. I would only need to wait for the commune to process the paperwork, however long that would take them. Is this correct? Thanks again.


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## BBCWatcher

Confirm with the consulate in Boston, but that sounds about right.

I am assuming that you won't establish residence in the same commune that "misunderstood" the law the last time around.


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## maddaston

A question about something said in this thread. When I regain my citizenship through jure sanguis, do I need to move to Italy within a year from acquiring it? (this was mentioned earlier in the thread) My plans are to retire in two years and then move the family. Can I remain in the U.S. until then or is this a problem?


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## amerisiciliano1962

BBCWatcher said:


> Confirm with the consulate in Boston, but that sounds about right.
> 
> I am assuming that you won't establish residence in the same commune that "misunderstood" the law the last time around.


I will probably establish residence in Catania, a large city on the east coast of Sicily. However, upon returning to Sicily I will have no choice but to stay in the same commune that "misunderstood" my paperwork previously. I will be living with family until I find an apartment in Catania. This leads me to another question: which address do I give the Italian Consulate in Boston? My address will change after I find an apartment. This is why I want the paperwork for Italian Citizenship in hand.


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## BBCWatcher

maddaston said:


> A question about something said in this thread. When I regain my citizenship through jure sanguis....


What do mean? This thread is about the process of _reacquiring_ an Italian citizenship lost. If you're asking about citizenship _recognition_, nothing in this thread applies to you.


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## BBCWatcher

amerisiciliano1962 said:


> I will probably establish residence in Catania, a large city on the east coast of Sicily. However, upon returning to Sicily I will have no choice but to stay in the same commune that "misunderstood" my paperwork previously. I will be living with family until I find an apartment in Catania....


Keep it simple. I'd get a "package" -- a studio apartment in a commune with a friendly administration arranged by an attorney "fixer," basically. Then once that's out of the way (in a couple weeks probably), go see your family. You've been jerked around once already. I wouldn't mess around with this again.


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## accbgb

maddaston said:


> A question about something said in this thread. When I regain my citizenship through jure sanguis, do I need to move to Italy within a year from acquiring it? (this was mentioned earlier in the thread) My plans are to retire in two years and then move the family. Can I remain in the U.S. until then or is this a problem?


No, there is no such requirement. You do not ever have to set foot in Italy, let alone move there (or anywhere else in the EU).

You are referring to an entirely different process which does not apply in your situation.


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## amerisiciliano1962

accbgb said:


> No, there is no such requirement. You do not ever have to set foot in Italy, let alone move there (or anywhere else in the EU).
> 
> You are referring to an entirely different process which does not apply in your situation.


I'm sorry but I don'T understand your post...


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## amerisiciliano1962

accbgb said:


> No, there is no such requirement. You do not ever have to set foot in Italy, let alone move there (or anywhere else in the EU).
> 
> You are referring to an entirely different process which does not apply in your situation.


I'm sorry but I don't understand your post...


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## BBCWatcher

Accbgb was addressing Maddaston, amerisiciliano1962. Maddaston was (apparently) asking about Italian citizenship _recognition_. You (amerisiciliano1962) are attempting to _reacquire_ your Italian citizenship. Recognition (_riconoscimento_) and reacquisition (_riacquisto_) are two completely different processes with different requirements.


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## amerisiciliano1962

Thanks to everyone that responded to my post. I have learned a great deal from all of you..


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