Updated guide • March 2026
Law 74/2025.
What actually changed.
If you have Italian roots and live in the United States, this law may change your path to citizenship. This guide explains what changed, who’s affected, and what to do now.
Sources: Gazzetta Ufficiale n. 72, 28/03/2025 • Verified March 2026
The context
Before March 28, 2025, anyone who could prove an unbroken line of descent from an Italian ancestor could get citizenship recognised through the consulate. It didn’t matter if the ancestor emigrated in 1890 or 1960 — as long as nobody in the chain renounced Italian citizenship, the descent was valid. Third, fourth, fifth generation. No limit.
This created enormous queues. The New York consulate has over 8,000 people on its citizenship waitlist alone. San Francisco exceeds 3 years. Italy responded by narrowing access.
What changed
Law 74/2025 (Gazzetta Ufficiale n. 72, March 28, 2025) limits automatic Italian citizenship recognition by descent to the second generation. From the third generation onwards, recognition is no longer automatic and requires a judicial procedure before a civil court in Italy.
Consular route (still valid)
- ✓1st gen — children of Italian citizens
- ✓2nd gen — grandchildren of Italian citizens
Timeline: 2-36 months (varies by consulate)
Typical total cost: $500-1,500
Judicial route (now required)
- ✗3rd gen — great-grandchildren
- ✗4th+ gen — and beyond
Timeline: 18-30 months
Cost: €4,000-10,000 (attorney only)
How to count generations
The count starts from the last ancestor who was an Italian citizen. Concrete examples:
Your parent is an Italian citizen
→ Consulate
Your grandparent was Italian, your parent never renounced
→ Consulate
Your great-grandparent was the Italian citizen
→ Court in Italy
Your great-great-grandparent was the Italian citizen
→ Court in Italy
The 1948 rule (unchanged)
Before January 1, 1948, Italian law did not allow women to transmit citizenship to their children. If your chain includes a woman who had children before that date, the consular route doesn’t work — you need the judicial route. But not because of Law 74. It’s a separate issue, tied to gender discrimination in the old Italian law.
Law 74/2025 does NOT change the 1948 rule. They’re different issues. You could be affected by one, the other, both, or neither.
When the chain breaks
If an ancestor in the chain renounced Italian citizenship — typically by naturalising as a US citizen — the chain breaks. But timing matters.
Chain intact — example
Great-grandfather emigrates in 1905. Has a son (your grandfather) in 1910. Naturalises as American in 1920. Chain intact — your grandfather was born BEFORE the naturalisation.
Chain broken — example
Great-grandfather emigrates in 1905. Naturalises as American in 1910. Has a son in 1915. Chain breaks — the son was born AFTER the naturalisation.
Source: Art. 1, L. 555/1912. Naturalisation caused automatic loss of Italian citizenship until 1992.
Pending applications
Art. 3, paragraph 2 of Law 74/2025 is clear: applications submitted before March 28, 2025 are processed under the previous rules. If you were already in the queue — even as 5th generation — your place is safe.
“Submitted” means the consulate received and registered your application — not just that you booked an appointment. You need a protocol number or written confirmation.
What does NOT change
Law 74 only affects citizenship by descent. Everything else works as before:
Common mistakes
Thinking the law is retroactive
It’s not. Applications before March 28, 2025 are safe. Art. 3, paragraph 2.
Confusing naturalisation with emigration
Emigrating doesn’t cause loss of citizenship. Only naturalisation (oath) does — and only if it happened before the next child’s birth.
Not checking the naturalisation date
Get the certificate through USCIS (Form N-600) or NARA. Without this date, you don’t know if the chain is intact.
Paying thousands before verifying eligibility
Before spending money, verify your line. You only need birth/death/marriage certificates and the naturalisation date.
Confusing the 1948 rule with Law 74
Different issues. The 1948 rule is about the maternal line. Law 74 is about the generational limit.
Frequently asked questions
Does Law 74/2025 affect me if I’m 2nd generation?+
No. If your grandparent was an Italian citizen and never renounced, you can still use the consular route. The law only affects 3rd generation and beyond.
I already submitted my application. Does this change anything?+
No. Applications submitted before March 28, 2025 are processed under the old rules. Your place in the queue is safe. Source: Art. 3, paragraph 2, L. 74/2025.
I’m 3rd generation. Is it still possible?+
Yes, but you must go through a civil court in Italy. The process takes 18-30 months and costs €4,000-10,000 with an Italian attorney. It can no longer be done at the consulate.
What if my Italian ancestor naturalised as a US citizen?+
The chain breaks. If your ancestor took the US oath of citizenship BEFORE the birth of the next child in the chain, the descent stops there. This was true before Law 74 too.
Did the 1948 rule change?+
No. Law 74 doesn’t touch the maternal line pre-1948 issue. If citizenship passes through a woman who had children before January 1, 1948, you still need the judicial route — but for different reasons (gender discrimination in Italian law at the time).
Do I lose my US citizenship if I get Italian citizenship?+
No. The US allows dual citizenship. So does Italy. You don’t have to renounce anything.
How much does consular route cost vs judicial route?+
Consular: €300 consulate fee + document and translation costs (typically $500-1,500 total). Judicial: €4,000-10,000 attorney fees alone + document costs. The difference is roughly 10x.
Can I do it myself?+
For the consular route, yes — with the right guidance. You need to gather documents, get them apostilled, translated, and submit to your consulate. We handle the translations and file review.
How Resinaro can help
If you’re 1st or 2nd generation and can use the consular route, we handle the tedious parts: certified translations, document file review, Prenot@Mi monitoring. We don’t provide legal advice on eligibility — everything you need to decide is in the guide above.
Or do it yourself — everything you need is in the guide above.
Sources
- Legge 21 marzo 2025, n. 74 \u2014 Gazzetta Ufficiale n. 72, 28/03/2025
- Legge 13 giugno 1912, n. 555 \u2014 Citizenship law (in force until 1992)
- 8 CFR 103.2(b)(3) \u2014 USCIS translation requirements
- Wait time data: Italian consulate websites in the US, verified March 2026
Guide for informational purposes. Not legal advice. Last updated: March 2026.