Is the NYC Consulate Holding Up Your Italian Citizenship Application? You’re Not Alone.
We recently received an inquiry from Benjamin Ambrosio in New York, a clear example of the frustrations many individuals face when applying for Italian citizenship by descent through consulates. Benjamin has been diligently working on his documentation to obtain Italian citizenship by descent since early 2022 and joined the NYC consulate waitlist in March 2023. Despite his efforts, in the 2025, he has yet to secure an appointment.
Compounding Benjamin’s frustration is the fact that his father and two minor brothers were able to secure appointments and submit their applications recently, thanks to a “direct descent path” offered by the consulate for single-generation applications. This means that soon, Benjamin will be the only member of his immediate family in the U.S. not recognized as an Italian citizen, solely due to the consulate’s inability to schedule sufficient appointments.
The “1948 Rule”, Recognition of citizenship by maternal descent and Consulate Inefficiencies: Why a Lawsuit Might Be Your Best Option
Benjamin’s situation highlights a common issue: the often interminable wait times at Italian consulates worldwide for jure sanguinis (by bloodright) applications. While the “1948 Rule” is frequently cited as the primary reason for judicial intervention in Italian citizenship cases (pertaining to maternal lineage born before January 1, 1948), consulate delays are increasingly becoming a compelling basis for seeking recognition of the italian citizenship iure sanguinis, directly through the Italian courts, whit the assitant Italian citizenship lawyer
Italian law dictates that consulates must process citizenship applications in a timely manner. When consulates fail to provide appointments within a reasonable timeframe (which is often considered to be around two years, though this can vary), applicants have strong grounds to bypass the administrative route and petition the Italian courts for recognition.
Why Benjamin’s Case for Italian citizenship by descent is Strong (and Yours Might Be Too)
Benjamin’s case for judicial intervention is particularly robust for several reasons:
- Excessive Waitlist Time: He has been on the waitlist for over two years. This period, even before considering any new “decree” that might prioritize certain applicants, already constitutes an unreasonable delay.
- Family Precedent: The fact that his father and siblings are soon to be recognized as Italian citizens through the same consular district is a significant factor. It underscores the consulate’s inefficiency in handling his specific application while acknowledging his family’s clear right to citizenship. It also demonstrates a strong connection to Italy.
- Discrimination by Consulate Policy: The consulate’s policy of allowing single-generation applicants to bypass the waitlist, while leaving multi-generational applicants like Benjamin stranded, can be argued as discriminatory and a further justification for judicial action.
Joining a Class Action for Italian Citizenship: What You Need to Know
For individuals like Benjamin, who are stuck in consular backlogs, joining a class action lawsuit or pursuing an individual case in Italy can be an effective strategy. These legal actions aim to compel the Italian government to recognize your citizenship rights, bypassing the often arbitrary and lengthy consulate processes.
An experienced Italian citizenship attorney specializing in jure sanguinis cases can assess your unique situation and determine the most viable path forward. They can help you:
- Evaluate the strength of your case for judicial intervention.
- Understand the legal process involved in pursuing citizenship through the Italian courts.
- Navigate the complexities of Italian law and bureaucracy.
- Potentially join a class action to share legal costs and leverage collective action.
Don’t let consular delays prevent you from claiming your birthright. If you’ve been waiting indefinitely for an appointment or believe your application is being unfairly delayed, it’s time to explore your legal options.
Are you experiencing similar delays with your Italian citizenship application? Contact us today for a free consultation to discuss your specific situation and learn how an Italian citizenship attorney can help you achieve your goal.
FAQ
Question
Why is the Italian Consulate in New York delaying my citizenship appointment?
Answer:
Delays at the Italian Consulate in New York are often due to high demand, limited appointment availability, and administrative backlogs. These delays can extend for years, making it difficult to complete the citizenship application process in a timely manner.
Question
Can I sue the Italian Consulate for delaying my Italian citizenship application?
Answer:
Yes. If the consulate does not provide an appointment or response within a reasonable time, you may take legal action in Italy to obtain recognition of your Italian citizenship through the civil court system.
Question
What is the benefit of applying for Italian citizenship through the court in Italy?
Answer
Applying through the court allows you to bypass delays at consulates and receive a judicial ruling on your citizenship claim. It is often faster and more efficient, especially when supported by experienced legal counsel.
Question
How long does a court case for Italian citizenship by descent take?
Answer
Typically, the judicial process in Italy for citizenship by descent takes between 12 to 24 months, depending on the court’s schedule and the completeness of your documentation.
Question
What documents are required to file a citizenship case in Italy?
Answer
You will need birth, marriage, and death certificates for your Italian ancestors and their descendants, apostilled and translated into Italian, as well as documentation proving the lack of renunciation of Italian citizenship.
