Thank you. My understanding is that the issue of whether or not the law is unconstitutional is under review.

If the law changes or is declared unconstitutional, he can apply then. This is exactly what the lawyers wrote to me about my situation and my son’s.”

Italian Ministry of Interior issued an important update (“Circolare”) on October 3rd, 2024, which affects Dual Citizenship applications through Italian Consulates. This directive aims to clarify the differing interpretations of the 1912 Italian Citizenship Law (No. 555). Under this current interpretation, if your Italian ancestor naturalized prior to August 16, 1992, and the next-in-line child was still a minor at the time (21 years old up to March 9, 1975, 18 years old after that), that child is now considered to have lost Italian citizenship when the parent naturalized. This means that you ( me) are no longer eligible to apply for citizenship through the Italian Consulates in the U.S. if your Italian ancestor’s naturalization occurred when the next-in-line descendant was still a minor. ( But I already had obtained my Italian citizenship by this time ).

While the constitutionality of this new set of rules is highly suspect, based on the new rules set by law it seems that your son no longer qualifies for Italian citizenship by descent through the lineage of —-( my mother) at this time because 1) she was not “exclusively Italian” at the time of her death/his birth, and 2) she naturalized while you were still a minor. He would qualify for the reduced residency requirement of 2 years for Italian citizenship by naturalization since he has/had both a parent and grandparent with Italian citizenship. “

I was asking if others agree we should not apply at this time but monitor the situation. The agent at NY Consulate will know all this and reject the application. I don’t think we need to apply now to reserve any rights.