Written by Citizenship Italia · Legal review: Avv. Marta Pignatiello, Italian lawyer Sources: Law 91/1992 · Italian Foreign Ministry Last reviewed: November 2, 2026

Short answer (as of November 2026)

Since 2025, if you were born abroad and hold another citizenship, you usually need a parent or grandparent who held only Italian citizenship, with no other nationality. Consulates check this at your birth, or at the ancestor's death if earlier. A grandparent who became a U.S. citizen before you were born generally does not meet it.

  • The rule is Article 3-bis(c) of Law 91/1992, added by Decree-Law 36/2025 and Law 74/2025
  • What matters is the citizenship the ancestor held, not where they were born
  • A parent or grandparent born in the U.S. is a U.S. citizen by birth, so they cannot meet the test
  • The alternative is a parent who lived in Italy for two continuous years after becoming a citizen and before your birth

What the law says

Article 3-bis says that a person born abroad who holds another citizenship is treated as never having acquired Italian citizenship, unless an exception applies. The main exception is that a first- or second-degree ascendant, meaning a parent or grandparent, holds, or held at the time of death, exclusively Italian citizenship.

Other exceptions cover cases started by 11:59 PM Rome time on March 27, 2025, and a parent who lived in Italy for two continuous years after acquiring citizenship and before the applicant's birth. See our Law 74/2025 guide for all of them.

Does my parent or grandparent meet the test?

SituationUsual result
Grandparent born in Italy who never became a citizen of any other countryUsually meets the test
Grandparent born in Italy who became a U.S. citizen before you were bornGenerally does not meet the test
Grandparent born in Italy who naturalized after you were bornDepends on dates and consulate practice; needs review
Parent or grandparent born in the U.S.Does not meet it: they are U.S. citizens by birth
Ancestor who naturalized abroad after August 15, 1992 and kept Italian citizenshipGenerally does not meet it: they were a dual citizen
Your parent lived in Italy for two continuous years as a citizen before you were bornMay qualify under the separate two-year residence rule

When is the test applied?

Italian consulates assess the ancestor's citizenship at the date of the applicant's birth, or at the ancestor's death if they died before the applicant was born. That timing is why naturalization dates matter so much: the same grandparent can pass or fail depending on when they became a U.S. citizen.

How do you prove it?

Consulates ask for evidence that the ancestor held no other citizenship at the relevant time. Depending on the consulate and the case, that can include:

  • Proof that no naturalization record exists, such as a USCIS Certificate of Non-Existence, or the naturalization record itself showing a later date
  • Certificates of non-registration on foreign electoral rolls
  • Statements of renunciation of any other citizenship, where relevant

Each consulate publishes its own checklist. Check the one for your state on our U.S. consulates page.

What if my family does not meet it?

  • Check whether a case was started for you by March 27, 2025.
  • Check the reacquisition window if a parent or grandparent born in Italy is alive and lost citizenship by August 15, 1992.
  • Follow the EU Court case C-816/26, which could change the position.

Does your grandparent meet the test?

We compare naturalization and birth dates against Article 3-bis and tell you whether your line works today.

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Sources

This guide is general information, not legal advice. Rules and consulate practice change; check the official sources or ask us before acting.

Questions about the exclusive-citizenship test

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Related guides

Law & Policy

Law 74/2025 and Article 3-bis Explained

What changed in 2025, who is grandfathered, and where the legal challenges stand.

Documents

Certificate of Non-Existence (CONE)

How to prove from U.S. records that an ancestor never naturalized.

Law & Policy

EU Court Case C-816/26 Tracker

Where the EU challenge to the 2025 law stands, with dates and what it could change.

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