For Americans with Italian heritage, citizenship by descent is a legal right, not a privilege. In practice, however, consulate wait times in the United States can stretch from two to ten years before a case is even reviewed.
The judicial route, known as the “Bypass Your Consulate” method, addresses this directly by moving the process into the Italian court system. Italy360Pro is among the firms that specialize in this approach, managing cases for applicants living abroad through an in-house legal team based in Italy.
What is the “Bypass Your Consulate” Method?
Italian law requires that administrative processes, including citizenship applications, be completed within a reasonable time. When consulate delays prevent an applicant from having a case heard, that applicant has the right to petition the Italian courts directly.
A May 2026 ruling from the Corte di Cassazione, Italy’s highest court, confirmed this right. The result is a formal legal proceeding that bypasses the consulate queue entirely.
Consulate vs. Court: Key Differences
Both routes lead to the same outcome, but they differ significantly in timeline, cost, and legal structure.
• Timeline: Obtaining a consulate appointment alone can take two to ten years. The judicial route typically resolves within 24 to 30 months from filing.
• Cost: Consulate applications carry no additional government filing fee, though professional fees apply if using a firm. The judicial route adds a court filing fee of €600 per petitioner as of January 2025, though shared filings can lower the per-person professional fee for larger families.
• Family Applications: Each adult applicant must obtain a separate consulate appointment. Through the courts, up to 25 direct descendants of the same ancestor can be filed within a single case, reducing the per-person cost for larger families.
• Legal Framework: Consulate applications are administrative, with no formal legal representation. Court filings follow a structured legal timeline with defined milestones and direct representation in an Italian court.
• Applicant Involvement: The judicial process does not require the applicant to travel to Italy or appear in court. The assigned legal team handles all proceedings.
How Much Does the Judicial Process Cost?
Fees depend on case complexity and the number of applicants. The court filing fee rose to €600 per petitioner in January 2025.
For families filing together, the per-person cost is considerably lower than filing separate applications over multiple years. Italy360Pro conducts initial consultations to assess eligibility and outline costs based on individual circumstances, covering both single applicants and family-line cases.
Who is This Method Best Suited For?
The judicial route is most appropriate for applicants who cannot wait years for a consulate appointment. It also suits families with multiple descendants of the same Italian ancestor, as well as cases involving 1948 claims, which require court involvement by law.
For applicants with complex cases or multiple family members applying together, this route can offer an additional cost advantage, since several applicants can share the expense of a single court filing.
Since 2020, Italy360Pro has handled over 560 cases through this route, covering individual applicants, family-line filings, and 1948 claims.
How the Process Works
Italy360Pro begins each case with an eligibility assessment to confirm the applicant has a viable claim to citizenship by descent. Once confirmed, the firm’s legal team identifies and collects the required vital records from both the applicant’s home country and the relevant Italian civil registry offices.
The team prepares the legal arguments, files the case in the appropriate Italian court, and manages all subsequent proceedings, including court appearances and correspondence with Italian authorities. Applicants receive updates at each stage until the court issues a decision.
For those pursuing relocation after citizenship is granted, Italy360Pro also works across retirement visas and real estate, handling those processes within the same firm.
