# American Citizen born in Itaiy



## gianni50

*American Citizen Born in Italy Would Like to Reacquire Italian Citizenship*

Hi All, My parents were both born in Italy and immigrated to the USA in 1967. In 1973 they became naturalized US citizens and because I was a minor (10 years old) I also automatically became a US citizen. I am now planning on moving to Sicily and would like reacquire my Italian citizenship. The reason for Italian citizenship is so I can remain in the country indefinately and also legally work. I plan on retireing in about 10 years. I plan on living in Italy for about 10 years, minimum. I am currently single and may marry an Italian citizen at some point in the future. Can someone give me some advice on how to do this correctly. I currently live in Boston MA. Thanks.


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## BBCWatcher

It's quite easy. You can reacquire Italian citizenship according to the terms of Article 13 section 1 paragraph (c) of the 1992 citizenship law. That is, you would make a declaration at your local Italian consulate (in Boston) of your intention to reacquire Italian citizenship. Then you would move to Italy and establish residence there within one year of making that declaration.

Since you are a U.S. citizen you do not need a visa for this process. (Some consulates say otherwise, but just politely ask them to check the Foreign Ministry's guidance.) Once you arrive in Italy you would establish residence -- living with a relative is fine if that's an option -- and apply for reacquisition of your Italian citizenship with the Ufficio dello Stato Civile at your local commune. You would also apply for a permesso di soggiorno per attesa cittadinanza, or at least you'd ask. (The process could complete within your first 90 days -- your visa waiver period -- so you may not need a PdS.) While your reacquisition is being processed you cannot work. Once your reacquisition has been processed you can apply for a passport and/or carta d'identità, register with the public health system, and start working if you wish.

If you have minor children (children who have not reached their 18th birthday) then you should make sure their births are registered when you reacquire, whereupon they would be recognized as Italian citizens. (The 1992 citizenship law also provides for that.) Unfortunately adult children do not enjoy that privilege. To register their births you will need official copies of their long-form birth certificates with apostilles and translations. The Boston consulate can advise and may be able to stamp those certificates once you get them in the proper form so that they don't have to be sent back to the U.S. for verification. If you have a child approaching his/her 18th birthday then you'll want to reacquire quickly to make sure that child obtains citizenship. (The date of your reacquisition is what counts. That has to occur before the child's 18th birthday, even if the birth registration occurs later.) Your children are not required to accompany you -- they can stay with a spouse, relative, boarding school, etc. if that's an option.

Finally, if you enter Italy from another Schengen Area country and do not get a stamp from Italian passport control in your passport, be sure to stop by the questura (police station) within 8 calendar days of arrival in Italy to get a "dichiarazione di presenza." (Even tourists are supposed to do that.)

Good luck.


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## gianni50

BBCWatcher said:


> It's quite easy. You can reacquire Italian citizenship according to the terms of Article 13 section 1 paragraph (c) of the 1992 citizenship law. That is, you would make a declaration at your local Italian consulate (in Boston) of your intention to reacquire Italian citizenship. Then you would move to Italy and establish residence there within one year of making that declaration.
> 
> Since you are a U.S. citizen you do not need a visa for this process. (Some consulates say otherwise, but just politely ask them to check the Foreign Ministry's guidance.) Once you arrive in Italy you would establish residence -- living with a relative is fine if that's an option -- and apply for reacquisition of your Italian citizenship with the Ufficio dello Stato Civile at your local commune. You would also apply for a permesso di soggiorno per attesa cittadinanza, or at least you'd ask. (The process could complete within your first 90 days -- your visa waiver period -- so you may not need a PdS.) While your reacquisition is being processed you cannot work. Once your reacquisition has been processed you can apply for a passport and/or carta d'identità, register with the public health system, and start working if you wish.
> 
> If you have minor children (children who have not reached their 18th birthday) then you should make sure their births are registered when you reacquire, whereupon they would be recognized as Italian citizens. (The 1992 citizenship law also provides for that.) Unfortunately adult children do not enjoy that privilege. To register their births you will need official copies of their long-form birth certificates with apostilles and translations. The Boston consulate can advise and may be able to stamp those certificates once you get them in the proper form so that they don't have to be sent back to the U.S. for verification. If you have a child approaching his/her 18th birthday then you'll want to reacquire quickly to make sure that child obtains citizenship. (The date of your reacquisition is what counts. That has to occur before the child's 18th birthday, even if the birth registration occurs later.) Your children are not required to accompany you -- they can stay with a spouse, relative, boarding school, etc. if that's an option.
> 
> Finally, if you enter Italy from another Schengen Area country and do not get a stamp from Italian passport control in your passport, be sure to stop by the questura (police station) within 8 calendar days of arrival in Italy to get a "dichiarazione di presenza." (Even tourists are supposed to do that.)
> 
> Good luck.


BBCWatcher, thank you for your response. Are you saying because I am an American citizen, I do not need a Visa from the Italian consulate in Boston. My understanding is that without a Visa I can only stay in Italy up to 90 days. What if the process takes longer than 90 days? Will I be considered "illegal" in Italy and be deported if caught. In July 2012 I gave the Italian consulate in Boston all the required documents to reacquire my Italian citizenship. They sent everything to the commune in Sicily where I stayed for 7 weeks. When I arrived I immediately went to the commune to begin the citizenship process but the local officials were completely confused on how to proceed with my request for Italian citizenship. Needless to say I was not successful. My thought was to get a Visa for 1 year just in case, However, if I don't need one I would rather not go through the trouble....please clarify for me. Thank You.


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## BBCWatcher

gianni50 said:


> BBCWatcher, thank you for your response. Are you saying because I am an American citizen, I do not need a Visa from the Italian consulate in Boston. My understanding is that without a Visa I can only stay in Italy up to 90 days. What if the process takes longer than 90 days? Will I be considered "illegal" in Italy and be deported if caught.


Legally you do not require a visa. The requirement is to enter legally (e.g. with a U.S. passport), to get a dichiarazione di presenza within 8 calendar days of arrival (if you did not get an Italian Polizia di Stato stamp in your passport when you arrived), and to apply for a PdS per attesa cittadinanza as you approach the 90th day without citizenship.



> In July 2012 I gave the Italian consulate in Boston all the required documents to reacquire my Italian citizenship. They sent everything to the commune in Sicily where I stayed for 7 weeks. When I arrived I immediately went to the commune to begin the citizenship process but the local officials were completely confused on how to proceed with my request for Italian citizenship. Needless to say I was not successful. My thought was to get a Visa for 1 year just in case, However, if I don't need one I would rather not go through the trouble....please clarify for me. Thank You.


So you made the declaration but the commune you chose was clueless. Congratulations. 

Make another declaration -- the one you've got will expire soon anyway -- and pick another commune. Search this forum to find communes that understand the reacquisition process better. Major metropolitan areas are likely to be more familiar with it.


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## marco 1974

dear Gianni

the acquisition of Italian citizenship in your case is called for Naturalizzazione. 
Therefore, to get the italian passport you will need to reside legally in Italy for minimum 3 years. Such period will start from when you will be enrolled at the registry of an Italian town.

ciao

Marco


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## marco1974b

i must partially edit my first message as i read that gianni was italian untill the age of 10 so now you must reacquire the citizenship.

anyway, in this case you will need to reside legally in Italy for 1 year.

what BBC write is partially wrong too... 

as ok you can do the declaration to the italian consulate but then you need to establish your residence in italy for a minimum period of 1 year and such period will start from when you will be enrolled at the registry of an Italian town.

of course for staying one year in italy gianni you will need apply for the permesso di soggiorno.

that is how it works in every italian commune for obtaining the Italian citizenship.


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## marco1974b

dear BBC 

i read the law, but you understand italian?

for the matter as Gianni you must not read the susection C but the subsection D.


c) se dichiara di volerla riacquistare ed ha stabilito o stabilisce, entro un anno dalla dichiarazione, la residenza nel territorio della Repubblica;

d) dopo un anno dalla data in cui ha stabilito la residenza nel territorio della Repubblica, salvo espressa rinuncia entro lo stesso termine; 

the case C) is when the person losed the italian citizenship following an express declaration (dichiarazione) while the D) for any other reason.

)


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## marco1974b

BBC unfortunately the italian is clear and for Gianni would find application the letter D).

bye bye and thank you for the nice chat

bye bye

PS: gianni if you need more advice you can contact me in private


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## Tobylap

Do you guys understand why I am so confused? I am in the same boat as Gianni and my commune in Vasto didn't know how either. I have my DofP but everywhere I look I get different information. I already have an apartment(bought) and my codice fiscale and I wish I could talk to someone who could help.


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## Tobylap

I am living here and plan to stay but not sure if I've done it legally. I haven't read any success story that is the same.


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## marco1974b

dear Toby

To reacquire the Italian citizenship rules the art. 13 of the law n. 91/1992 and mainly the subsection C) or D).

If you lost the Italian citizenship as you expressly renounced, it will be applied the subsection C):
that is, within one year from the renounce you can make a declaration by which you want reacquire it. In this case you will get the Italian passport within 1 year from such declaration, but you must to establish your residence legally in Italy.

While, if you lost the Italian citizenship for other reasons it will be applied the subsection D):
that is, one year after the date on which you established the residence in Italy you can get the Italian passport.
Of course, you must stay legally in Italy and you will need to apply for the residence permit, at least until you will not get the Italian citizenship.
ciao

Marco


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## BBCWatcher

Marco, you have failed to provide any official reference or citation for your interpretation. That's not the law. Article 13 makes no such distinction about who can use (c) and who can use (d), and there are many, many happy Italian citizens who have used (c).

Post an official source or stop spreading misinformation. Pick one.


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## gianni50

thank you BBCWatcer and marco1972b, Short Story: My parents, both Italian Citizens born in Sicily, as was I. In 1967, my parents and I immigrated to Boston MA and became naturalized american citizens in 1972/1973. I as their minor child (10 years old) I automatically became a naturalized US citizen. Next week I will be applying for a 1 year elective Visa from the Italian consulate in Boston MA in order to re-acquire Italian citizenship. The Italian consulate is very difficult to deal (poor customer service) with limited hours (9-12) and no one to answer a question over the phone. It is what it is!! I have obtained a 1 year lease for an apartment in Sicily and will be purchasing health insurance from "american visitor". The only thing I don't have yet is my reservation from Alitalia. I don't want to purchase a ticket until I have my visa.....but... I can't get the visa until I have a reservation....I don't understand why everything is so hard in Italy. When I arrive in Sicily I will report to the local police station withing 8 days and annouce that I have arrived. Shortley thereafter, I will apply for a Perm. Di Sorg. by purchasing a kit at the local post office. (sounds crazy doesn't it). I am told that within the year I may re-acquire italian citizenship...or.. after 1 year I will automatically become an Italian citizen. One or the other...no one really knows. The adventure begins....


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## Tobylap

Marco, thank you, wish you lived closer to me. I'm going to post office today to get perm di sogg. I hope I can figure out how to fill it out. I had the same problem as Gianni with my consulate so I just came and stayed with my cousins til I bought a place. Only difference is that I'm retired, and this is the most beautiful place on earth to live! Toby


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## marco1974b

dear Gianni

yes the procedure to follow is the one you write. look quite crazy and long but sooner or later you will reacquire the Italian citizenship.
as I live in Palermo, if once you will arrive in Sicily you need some help do not hesitate to contact me

goog luck

Marco


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## marco1974b

dear Toby,

i am sure you will not have any problems with the permesso di soggiorno and the subsequently reacquisition of the citizenship. I have an american client who is retired and already lives near Palermo from years.

good luck

Marco


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## gianni50

Marco, I am in the Adrano area, province of Catania...can you recommend a lawyer in my area? thank you.


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## marco1974b

Dear Gianni,
I can help you with pleasure and will send the contact.

Ciao

Marco


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## gianni50

*Just received my Elective Residence Visa*

Hi All, I just want to post this update on my situation: I applied for an elective residence visa in Boston MA and it was approved last week. I am so excited. The Visa is good for 1 year (365 days to August 2014). The reason for my visa is so I can live in Italy legally until I am able to reacquire my Italian citizenship. I was born in Sicily of Italian parents (both born in Sicily) and became a naturalized US citizen automatically (10 year old minor child) in 1973 at the same time my parents became US citizens. I am told I need to report to the local police within 8 days of arrival to register myself. Once I do this then I can apply for a permesso di sogiorno (PDS) by mail. I should receive this residency permit within 3 months time. Can anyone give me advice on how to re-acquire and or apply for my Italian citizenship. Do I have to wait for the PDS or can I apply without it. I will be doing this in Adrano, province of Catania Sicily. Thanks in advance.


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## BBCWatcher

The visa is not actually required for a paragraph (c) reacquisition by a U.S. citizen, but OK, whatever.

Have you made a formal, written declaration of your intention to reacquire Italian citizenship at your local consulate? Will you move to Italy within one year of making that declaration? If the answer to both questions is yes, go to Italy, establish residence (e.g. rent an apartment, stay with relatives, etc.), and complete the process at your commune's Stato Civile office.


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## marco1974b

Dear Gianni
Contratulations for your visa, the first step is done.
So, once you arrive in Adrano you must apply for the PdS within 8 days from your arrival exactly as you write in the post.
At the same time, you need also to continue the procedure to reacquire the Italian citizenship. These are two different procedures that you must start from your arrival in Sicily.
For this second you need to go to the Comune di Adrano, that will receive the documents you served to the Italian Consulate, and register at Anagrafe and after one year of residence you will obtain your Italian passport.

Good trip and good luck
Ciao Marco


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## gianni50

marco1974b said:


> Dear Gianni
> Contratulations for your visa, the first step is done.
> So, once you arrive in Adrano you must apply for the PdS within 8 days from your arrival exactly as you write in the post.
> At the same time, you need also to continue the procedure to reacquire the Italian citizenship. These are two different procedures that you must start from your arrival in Sicily.
> For this second you need to go to the Comune di Adrano, that will receive the documents you served to the Italian Consulate, and register at Anagrafe and after one year of residence you will obtain your Italian passport.
> 
> Good trip and good luck
> Ciao Marco


Thanks Marco, In July 2012 I began the process to reacquire Italian citizenship. I went to the Italian Consulate in Boston and completed all the necessary paperwork. In July 2012, the Italian Consulate sent the properly executed paperwork to the commune in Sicily. When I arrived in Sicily and went to the commune they said they had receievd the docuements but were unsure how to proceed. I just recently contacted the commune and asked if they still had the documents the Italian Consulate had sent them last year and their response was "what documents". We never received any documents from the Italian Consulate. Therefore, last week while picking up my Visa I asked the person who handles Italian Citizenship if I need to resubmit the documents to the commune again and he said no. So here I am with a Visa and nothing else. As you can see I am a little confused.


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## marco1974b

Regarding the lost documents by the Comune di Adrano, I suggest you to go to Italian Consulate and trying to obtain the copy of the documents you served them, or at least explain them the problem and ask for the copy of the receipt they sent to Adrano. If it is easy you can try to make them again before leaving USA.

Anyway, now you obtained already the visa I suggest to move to Italy and start the other step with the PdS and registration at Anagrafe. Then it is possible that once you will be there those documents will be found.

Anyway, what is important for you is having the receipt of the Italian consulate that you started the procedure to reacquire the Italian citizenship, as such receipt will be necessary to apply for the PdS.


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