Residence & CitizenshipEntry PF-427964 · Page 29 · Stamped OCT 10, 2026
Italy's Decree 36/2025 Caps Citizenship by Descent at Two Generations
Italy's Decree Law 36/2025, in force since March 28, 2025, limits citizenship by descent to a parent or grandparent. The cap has stranded Americans who relocated mid-application under prior rules.
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Entry details
- Decree Law No. 36/2025 took effect March 28, 2025 and limits citizenship by descent to a parent or grandparent (max two generations)
- Italy's Constitutional Court signaled in March 2026 that it would reject the first legal challenge to the cap
- American Lea Black spent $20,000 before the rule changed 20 days after her March 8, 2025 arrival in Sicily
- Italy's Court of Cassation will hear a challenge to the October 2024 'minor issue' rule on April 14, 2026
- The Matwick family, who moved from Arizona to Turin in August 2024, has a hearing scheduled for January 2027
Italy's Decree Law No. 36/2025, in force since March 28, 2025, restricts citizenship by descent (jure sanguinis) to applicants with an Italian parent or grandparent, ending a pathway that previously reached great-grandparents.
The change has stranded Americans who relocated mid-application. Lea Black, for example, arrived in Sicily on March 8, 2025, expecting to claim citizenship through her Italian great-grandparents. Twenty days later, the generational cap took effect.
What does the new rule require?
Decree Law No. 36/2025 caps eligible ancestry at two generations. Applicants must trace citizenship to a parent or grandparent born in Italy. Claims through great-grandparents no longer qualify.
Italy's Constitutional Court signaled in March 2026 that it would reject the first legal challenge to the law. Further challenges remain possible.
Who is affected?
The rule applies to three main groups:
- U.S. citizens whose only Italian ancestor is a great-grandparent or further back
- Applicants who moved to Italy before finalizing their paperwork
- Families with pending claims under pre-1948 cases, when Italian women could not pass citizenship abroad
The "minor issue" rule from October 2024 separately disqualifies minor children whose Italian parent naturalized abroad before the child turned 18. Italy's Court of Cassation will hear a challenge to that rule on April 14, 2026.
How did families end up in limbo?
Kellen Matwick, a freelance video graphics artist from Arizona, moved his family to Turin in August 2024 with great-grandparents born in Italy. Decree 36/2025 closed that pathway in March 2025.
His wife Jacqueline gave birth in Italy and holds a temporary visa that expires next month. Kellen has no work permit and no health insurance coverage. The family has signed a four-year lease as part of the residency requirement and cannot afford to return to the U.S.
"We felt we were constantly hit by waves," Jacqueline Matwick told CNN. "We kept making the logical choice based on the advice we were given in the moment, but each time it turned out to be the wrong choice."
Their case has a hearing scheduled for January 2027.
How much did the rule change cost some Americans?
Black told Realtor.com she spent $20,000 on her relocation and paperwork before returning to the U.S. with "no home, no job, no car, no furniture." Kellen Matwick declined to comment to Realtor.com.
What do immigration advisers recommend?
Lief Simon, co-founder of Live and Invest Overseas, told Realtor.com that Italy was one of the last European countries to still offer great-grandparent citizenship and that rules shift without warning. He noted several successful applicants completed the process from the U.S.
Polly Ho, special counsel at Harvey Law Group, advised Realtor.com: "Italy's move is a reminder that governments can change the rules suddenly. Therefore, if you believe you qualify through an ancestor, don't wait: gather your documents and submit your application while opportunities are still available."
Both counsel prospective applicants to obtain citizenship from the country of origin before relocating.
Could the U.S. tighten dual citizenship too?
Senator Bernie Moreno (R-Ohio) introduced the Exclusive Citizenship Act of 2025, which would bar Americans from holding citizenship in any other country. The bill would affect dual citizens including First Lady Melania Trump and her son Barron, who hold Slovenian-U.S. citizenship. Legal analysts consider passage unlikely.
via realtor.com (Original)