United States Naturalization Laws

United States U.S. Naturalizations  U.S. Naturalization Laws

The following are some of the major United States Naturalization Laws passed by congress starting in 1790.

Act of March 26, 1790  1. 2 year residence in the US before admission as citizen 2. 1 year residence in the state 3. Be of good, moral character 4. Make an oath to support the constitution 5. No declaration was required, only a petition 6. Suggests you had to be 21 years old 7. Had to occur in a court of record, with common law jurisdiction and a seal and clerk or prothonotary. Total residency in US: 2 years; 1 year in state

Act of January 29, 1795 1. Declaration required filed 3 years before admission as citizen 2. 5 year residence in US before admission as citizen 3. 1 year residence in state 4. Make oath of allegiance 5. Be of good, moral character 6. Renunciation of any title of nobility and renunciation of allegiance and fidelity to reigning foreign sovereign 7. Can only declare in a court (not with just a clerk of court) 8. Had to occur in a court of record, with common law jurisdiction and a seal and clerk or prothonotary. Total residency in US: 5 years; 1 year in state; 3 years between declaration &amp; petition

Act of June 18, 1798 1. 14 year residence in US before admission as citizen 2. Clerks of court forward copies of declaration of intention, report of registry and naturalization proceedings to US Secretary of State Total residency in US: 5 years; 1 year in state; 3 years between declaration &amp; petition

Act of April 14, 1802  1. Declaration required to be filed 3 years before admission as citizen 2. 5 year residence in US before admission as citizen 3. 1 year residence in state 4. Make oath of allegiance 5. Be of good, moral character 6. Renunciation of any title of nobility and renunciation of allegiance and fidelity to reigning foreign sovereign 7. (Court to report registry of alien to US Secretary of State) 8. Can only declare in a court (not only with a clerk of court) 9. Had to occur in a court of record, with common law jurisdiction and a seal and clerk or prothonotary. Total residency in US: 5 years; 1 year in state; 3 years between declaration &amp; petition

Act of March 26, 1804 1. Aliens residing in US between June 18, 1798 and April 14, 1802, without previous declaration of intention were naturalized. Total residency in US: 5 years; 1 year in state; 3 years between declaration &amp; petition

Act of March 3, 1813  1. Alien’s residence had to be continuous in US to be admitted as citizen Total residency in US: 5 years; 1 year in state; 3 years between declaration &amp; petition

Act of March 22, 1816 1. Registry and declaration had to be on application for citizenship if applicant arrived after June 18, 1812 2. Residence proved by oath of witnesses who must be US Citizens Total residency in US: 5 years; 1 year in state; 3 years between declaration &amp; petition

Act of May 26, 1824 1. Validated naturalization certificates which did not comply with 1816 act 2. Reduced time between filing declaration and petition from 3 years to 2 years 3. Validated past declarations made before the clerk and not the court Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of 24, 1828  1. Repealed registry requirement 2. Any alien residing in US between April 14, 1802 and June 18, 1812 who had continued their residence might be admitted to citizenship without having made a previous declaration of intention. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of February 10, 1855  1. Women take on the citizenship of her husband through derivative citizenship. She proved her citizenship with her marriage certificate and her husband’s certificate of naturalization. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of July 17, 1862  1. Those that served in the Army and were honorably discharged did not have to submit a declaration and needed only one year of residency to naturalize. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of February 1, 1876  1. Amended 1802 law to permit declarations to be filed with the clerk instead of the court Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of March 3, 1887  1. Aliens can’t own land in US territories unless they have declared to be citizen unless they secured it by treaty or by collection of debts Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of July 26, 1894  1. Those that served in the Navy and Marines, and were honorably discharged did not have to submit a declaration and needed only one year of residency to naturalize. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of March 3, 1903  1. Prohibited anarchists from obtaining citizenship Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of June 29, 1906  1. Created Bureau of Immigration and Naturalization 2. Courts had to use their official forms, thus giving them power to control how many courts naturalized 3. Had to naturalize in the district the alien resided if Federal, state or territorial court 4. Immigrant needed certificate of arrival to file petition 5. Declaration expired after 7 years 6. To naturalize, had to be 18 years old 7. Alien could declare anytime after he arrived to US, 8. BUT had to wait 2 years between declaration and petition 9. AND had to have 5 years of residency in the US [ANR 40] 10. Had to have affidavits from witnesses that had known them in the US continuously for 5 years 11. Petitioner for citizenship and their witnesses had to appear before the court to be examined under oath Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of March 2, 1907  1. An American woman – even born in the US – lost her citizenship when she married an alien and takes on his nationality. She could obtain it back if he husband naturalized. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of 1910  1. Aliens who erroneously believed themselves citizens could be naturalized without a declaration of intention if they could prove they had residence in the US for 5 years. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of May 9, 1918  1. World War I aliens could naturalized at military camps and nearby courts without the residency requirement or file a declaration while still in the military Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of September 22, 1922 (Cable Act)  1. Women no longer naturalized through derivative citizenship, but must apply for their own citizenship. If married, she did not need a declaration. 2. Women no longer lost citizenship through marrying an alien, unless her husband was ineligible to become a citizen. 3. Women who lost their citizenship to an alien eligible could be naturalized and did not need a certificate of arrival if she had lived continuously in the US Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of June 8, 1926  1. Validated certificates of naturalization issued less than 30 days prior to election 2. Designated examiners or officers for petitioner and witnesses to appear and examined under oath freeing up judges time Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of March 2, 1929  1. Clarified requirements for registry of aliens – granting certificates of arrival if they arrived before 3 Jun 1921 (later changed to July 1, 1924 by Act of August 7, 1939) 2. Certificate of arrival necessary to file declaration (instead of petition) 3. Gave certificates of derivative naturalization to those who received their citizenship as a result of derivative naturalization. 4. No declaration filed until entry for permanent residence established 5. Residence in county at least 6 months 6. Required photographs to be affixed to both declaration and certificate of citizenship Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of June 25, 1936  1. Women who were native born citizens but lost their citizenship by reason of marriage prior to September 22, 1922 are considered a citizen again if she takes the oath of allegiance and her marriage was terminated by either death or divorce. Total residency in US: 5 years; 1 year in state; 2 years between declaration &amp; petition

Act of June 28, 1940  1. All aliens must register and be fingerprinted 2. All aliens entering the US must have a visa Total residency in US: 5 years; 6 months in state; 2 years between declaration &amp; petition

Act of July 2, 1940  1. Women who were native born citizens but lost their citizenship by reason of marriage prior to September 22, 1922, are considered a citizen again if she takes the oath of allegiance regardless if they are still married – as long as she resided in US during the marriage. Total residency in US: 5 years; 2 years between declaration &amp; petition

Act of December 24, 1952 (Naturalization Code)  1. Declaration of intention voluntary and no longer required 2. Alien now required to file with government “Application to File petition for Naturalization” 3. Required set of fingerprints 4. Required 3 photographs for application 5. Biographic Information form filled out 6. INS then investigated, and on approval authorized the alien to file his or her petition with clerk of court 7. After 30 day waiting period, judicial hearing could be held and certificate of naturalization issued (the reason the petition and certificate have different dates) Total residency in US: 5 years

Act of 1990  1. Courts no longer naturalize and is conferred upon Attorney General by October 1, 1991 Total residency in US: 5 years