Since the second half of the 18th century and for the following two centuries, but especially between 1876 and 1958, many Italians emigrated abroad, and over three million left for Argentina, fleeing a country with widespread poverty, high demographic pressure and heavy taxation. On the other hand, Argentina was underpopulated and eager to populate the areas conquered following the war of the triple alliance, or Paraguayan war, and the conquest of the desert and the consequent Argentine policy of assigning land for free or at low prices.

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Article 25 of the Constitution of the Argentine Confederation (1853) stated:

«Article 25: The federal government will encourage European immigration; it may not restrict, limit or burden with any tax the entry into Argentine territory of foreigners whose purpose is to cultivate the land, improve industries, introduce and teach the sciences and the arts.»

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Some Italians failed, others became rich through trade and navigation, and one of the largest Argentine banks was even founded.

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Integration was facilitated by the proximity of the two cultures: by the similarities of the two languages, by religion and by habits in general. If at the time parents had remained attached to their roots, while their children were more easily integrated into society, now we are witnessing an inverse phenomenon, and the descendants of Italians who emigrated to Argentina at the time have an interest in maintaining the citizenship of their ancestors.

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Let's take stock of the situation on this:

 

The descendants of Italians who emigrated abroad can apply for recognition of Italian citizenship.

In fact, the Italian State, with Law no. 555 of 1912, established the right to acquire Italian citizenship for those who descend from an Italian citizen father.

Furthermore, since 1 January 1948, as pronounced by the Constitutional Court with sentence no. 30 of 9 February 1983, children born abroad who descend from a citizen mother may also acquire Italian citizenship.

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The United Sections of the Supreme Court of Cassation have established that Italian citizenship must be recognized to a woman who has lost it without her will, for being married to a foreigner, before 1948, and that, therefore, both the woman and the child born before that date regain citizenship.

Furthermore, it is a principle now consolidated in the Italian legal system that to lose Italian citizenship it is not enough to transfer residence abroad, but foreign citizenship must be acquired spontaneously, or, if the acquisition was not spontaneous, that it be accompanied by an express renunciation of Italian citizenship.

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Finally, it must be emphasized that if the Consulate does not grant appointments, or does not provide certainty on the definition of the application, the interested party can contact the Italian judicial authority. Many sentences establish, in fact, that the passage of an unreasonable period of time is equivalent to a denial of recognition of the right.

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