Legal Focus

Are you feeling frustrated trying to secure an appointment for citizenship at the Italian consulate? Good news, you may now be able to have your case heard in Italian court!  

Art. 3 D.P.R. 362/1994 says that Italian consulates have up to two years to process an application. The waitlists for citizenship appointments at many of the consulates in the U.S. exceed this parameter.  If you live in one of those jurisdictions, you can now petition the court in Italy covering the town of birth of your ancestor to recognize you and your family asItalian citizens. 

Lauren and her partner in Rome, MarcoDeFazi, have been presenting cases in Italian court for more than ten years for clients whose cases violated ‘the 1948 rule’. In 2024, Lauren and Marco expanded their Italian court practice to include clients who cannot secure an appointment for citizenship at their local consulate within a two-year timeframe. 

There are some things to be aware of when considering whether to proceed through Italian court:

1.    Not all Italian consulates have a waitlist that exceeds two years. 

2.    In recent months, theItalian courts have constricted eligibility for Italian citizenship in ways that the Italian consulates have not (yes, that can happen). 

In order to succeed on a claim in Italian court on the grounds of excessive wait for a consular appointment, you must be able to prove that your consulate does not make appointments available within the two-year window, and your family history must comport with the rulings of the Italian courts, not just the policies of the consulates. 

Reach out toLauren (lhopkins@youritalianpassport.com) to determine if your case qualifies for presentation in Italian court and to learn more about timeline and costs associated with that process.