2025 Miami Jure Sanguinis Minor Rejection - How to Proceed?
My line: GGGF > GGF > GM > M > Me (JS, Miami, Mail-in on Sep. 2nd; Receipt Sep. 9, 2022; HW Sep. 9th, 2024; HW sent in Apr. 23, 2025; Soft rejection 10-1-25; Final rejection 11-4-25)
Hey everyone I stepped away from my case for several months because I wanted to wait and see how the courts would rule on the minor issue. Now that I am revisiting everything, I realize there have been many changes in Italian citizenship law and several important court decisions, and I am honestly not sure where my case stands, what the best path forward is, or whether any of these developments may affect my case.
For anyone who may not remember, my application was ultimately denied by the Miami consulate due to the minor issue (because my last Italian-born ancestor naturalized while his child was still a minor).
My timeline:
• Applied: September 2022
• First homework request: September 2024
• Submitted all requested corrections and court amendments: April 2025
• Soft rejection received: October 1, 2025
• Given only 10 days to respond
• Italian attorney sent a formal PEC to the consulate on October 9, 2025
• Final rejection received: November 4, 2025
The PEC argued that:
• My application had already been pending for more than three years.
• When I applied, the longstanding interpretation did not consider the minor issue.
• Applying the October 2024 circular retroactively violated principles of legitimate reliance and good faith.
• My great-grandfather was born in the United States and acquired U.S. citizenship automatically by birth (jus soli), so he did not derive citizenship through his father’s later naturalization.
• Under Article 7 of Law 555/1912, he should have retained Italian citizenship.
The attorney asked the consulate to:
• Reconsider the case under the rules in effect when I applied;
• Suspend the case pending the Supreme Court’s decision on the minor issue; or
• Return my original documents if they intended to deny the application.
Despite this, the consulate issued a final rejection that appeared to ignore these arguments entirely and also ignored my request for the return of my original documents, including my great-great-grandfather’s original naturalization certificate, which is a treasured family heirloom.
My attorney confirmed that the PEC was successfully delivered and advised that the next step would be a judicial appeal before the ordinary civil court in Italy, where we could challenge both the substantive denial and the extraordinary delay in processing my application.
I also have a possible 1948 line through my maternal great-great-grandmother (Antonio’s wife) if this line ultimately fails, although I am not 100% sure whether that route is still viable given the many recent changes in Italian citizenship law. My attorney advised that, if I decide to appeal, this alternate line could potentially be included in the same court filing as a subordinate argument.
I am now trying to determine whether it still makes sense to pursue an appeal given all of the recent legal developments.
If anyone has gone through a similar rejection, pursued an appeal in the ordinary civil court, or has insight into how the recent court decisions and legislative changes may affect cases like mine, I would be very grateful for your thoughts.