United States Naturalization and Citizenship

United States Naturalization and Citizenship

Overview
Naturalization is the process of granting citizenship privileges and responsibilities to foreign-born residents. Naturalization papers are an important source of information about an immigrant's nation of origin, his foreign and “Americanized” names, residence, and date of arrival. Naturalization records before 1906 are not likely to give town of origin or names of parents. Information in post-1906 records is more detailed and may include birth dates, birth places, and other immigration information about the immigrant and members of his family.

Immigrants to the United States have never been required to apply for citizenship. Of those who applied, many did not complete the requirements for citizenship. Evidence that an immigrant completed citizenship requirements can be found in censuses, court minutes, homestead records, passports, voting registers, and military papers. Even if an immigrant ancestor did not complete the process and become a citizen, he may have begun the process and filed a declaration of intention. The declaration of intention can be obtained to see what information is listed on it.

Requirements for Naturalization
The requirements and process of naturalization have changed many times. The basic requirements have been residency in the country for a given period of time, good moral character, and an oath of loyalty or allegiance. The following describes the major laws and circumstances that have affected requirements for naturalization:

Changes in Requirements, 1700s to Present
Pre-1790: British immigrants were automatically citizens of the colonies (British empire). A few Protestant immigrants from other countries gave oaths of allegiance or appeared before a civil authority to request citizenship (a process sometimes referred to as denization). Seven of the original colonies had their own laws for naturalizing foreigners as citizens of the British empire colony. After the Revolutionary War, the individual states established their own naturalization laws and procedures.

1790: The first federal law regarding naturalization required residency in the United States for two years and in a state for one year, but each state continued to provide naturalization under a variety of requirements and procedures until 1906.

1802 to 1868: An individual had to prove residency in a state for one year and in the country for five years. A declaration of intention (see below) had to be filed at least two years before the final papers or petition could be filed.

1868: Since 1868 persons who were born in the United States or naturalized have been guaranteed citizenship rights. This included Black Americans but excluded most American Indians until 1924.

1906 to present: The Bureau of Immigration and Naturalization was created to standardize laws and procedures. Residency in a state for one year and in the United States for five years continues to be a basic requirement.

Collective Naturalizations
In some instances, entire groups have been collectively granted U.S. citizenship. In these cases you will not find individual naturalization papers. This occurred for residents of the Louisiana Purchase in 1803, Texas in 1845, Hawaii in 1898, and for Blacks in 1868 and American Indians in 1924.

Derivative Citizenship
Citizenship may have been granted to individuals based on military service or family relationship. A declaration of intention was not usually required in advance (see below). Instead the individual was usually naturalized at the time he filed an application or petition. Three types of derivative citizenship were:


 * Children under 21 years of age (until 1940) and wives of citizens (until 1922) automatically became citizens when their father or husband became a citizen.
 * Until 1906 immigrants under the age of 21 (whose parents did not naturalize) could be naturalized without filing a declaration of intent after they reached the age of 21 and had met the residency requirements.
 * Since 1862, non-citizens who have served in the U.S. military have not been required to file a declaration of intention. After one year's residency and honorable discharge from the military, they could petition for naturalization. Since World War I, citizenship could be granted while an individual served in the military.

From 1855 to 1922 a woman took the citizenship of her husband. An alien woman who married a United States citizen became a United States citizen. From 1907 to 1922, a woman born in the United States who married an alien lost her U.S. citizenship and became an alien. For more information, read Marion L. Smith's article, Women and Naturalization, ca. 1802-1940.

Naturalization Process
The naturalization process is completed in a court of law. The process usually required several steps to complete and various documents related to naturalization may be found in the court records described below.

The typical naturalization process involved three steps:


 * 1) Declaration. The immigrant filed a declaration of intention (first papers) to renounce allegiance to foreign governments and in order to later prove he or she had resided in the country long enough to apply for citizenship. Declarations were filed many places. Some were filed in a court at the port of arrival, some en route to a new home, and some in the immigrant's new home.
 * 2) Petition. After two to five years the immigrant filed a petition for citizenship (second or final papers). Most often the petition was filed in a court nearest to the town where the immigrant settled.
 * 3) Certificate. After all requirements were completed, the immigrant was sworn in as a citizen and issued his or her certificate.

Naturalization Records
Report and Registry, 1798 to 1828. During this period, a new immigrant was required to appear before a local court and register his arrival in the United States. This was recorded in the court minutes. Sometimes a separate document, a report and registry or aliens' register was created. The immigrant could obtain a certificate showing that he had registered in order to prove his residency later when he applied for citizenship.

Declaration of Intention, or “First Papers,” 1790 to Present. An immigrant could have declared his or her intention as soon as he or she arrived in the country or at any other time. Depending on the current federal and local laws, the declaration had to be filed at least two to five years before the immigrant could petition for citizenship.

After 1906, the declaration had to be filed from three to seven years before the petition could be filed. If the petition was not filed within seven years, a new declaration of intention was required. Declarations of intention have not been required since 1952 in most cases.

The declaration was made verbally and recorded in the court minutes. In most cases, the immigrant also filled out a form kept by the court clerk in a bound volume. If needed, the immigrant could use the court's record of his declaration (or a certificate provided by the court) to apply for homestead land, to enroll in the military, or to use as proof of residency if he went to another court to complete the naturalization process.

Before 1906, declarations usually show only that the immigrant renounced allegiance to other governments. Starting in 1906 the declarations usually contain more helpful family information than other naturalization records, but each court recorded different information. You may find the immigrant's name, country of allegiance, port and date of arrival, physical description, birthplace, birth date, residence, and spouse's name. Declarations of intention since 1906 have required biographical data on the spouse and children, even if they were not applying for citizenship.

Petition, “Second,” or “Final Papers,” 1790 to Present. After the immigrant had lived in the country five years, he appeared before a court and made a formal application for citizenship. His petition may have been recorded in the court minutes, but in most cases he filled out a form which was filed by the court clerk in a bound volume. The information in the petition is similar to what is found in the declaration. Petitions usually list the place where the declaration was filed.

A short time later, the individual would appear at court for a hearing. At this time he had to prove that he had fulfilled his residency and other requirements. This often required affidavits or depositions of witnesses. These were included in the court's records.

Certificate of Arrival, 1906 to Present. After 1906 an immigrant was required to submit a certificate of arrival when he petitioned for citizenship in order to prove the length of his residency. This document gives the place of entry, manner of arrival, and the date of arrival. This was kept in the file with the petition.

United States Oaths of Allegiance, 1790 to Present. The immigrant was required to pledge his allegiance to the United States and sign a written oath. This generally gives his name, the date, and the country of origin. This document is often found with the petition.

Court Order. After accepting the immigrant's petition and witnessing his oath, a court granted citizenship. This had to be permanently recorded in the court's official records, usually the court minutes or order book. In some cases this is the only naturalization record that you will be able to find.

Final Certificate. The applicant was usually given a certificate of citizenship for his personal use. The certificates were printed in books with attached stubs (somewhat like modern check books). The court retained the stubs and gave the certificate to the immigrant.

Naturalization Records. Some courts simply group all papers together into files called “naturalization records.” Each file is a compilation of all of the documents pertaining to one individual.

For further information about the process and naturalization records, see this overview:

Newman, John J. American Naturalization Processes and Procedures, 1790-1985. Indianapolis, Indiana: Indiana Historical Society, 1985. (FHL book 973 P4n.)

For general information about court records, see United States Court Records.

Locating Naturalization Records
An individual may have completed naturalization proceedings through any of 5,000 federal, state, or local courts that had the authority to grant citizenship. Naturalization proceedings were most often completed in county, superior or common pleas courts, or in state and U.S. circuit and district courts. Because some municipal, police, criminal, probate, and other courts also provided this service, you may need to search the records of all local courts. Since 1929 most (but not all) naturalizations have been handled by federal circuit or district courts.

You may need to search the records of each place where your immigrant ancestor lived. He may have filed an application in one county or state and completed the requirements several years later in another county or state.

Colonial Records
Most of the colonial lists of denizations and oaths of allegiance have been published and are indexed in P. William Filby's Passenger and Immigration Lists Index (see the “Emigration and Immigration” section of this outline).

Records Before September 1906
Begin by looking for naturalization records in the courts of the county or city where the immigrant lived. Look first for the petition (second papers) because they are usually easier to find in courts near where an immigrant settled. The petition usually tells where the declaration (first papers) was filed, which could have been almost anywhere in the United States. The Family History Library has microfilm copies of many of these records. If the library does not have copies, contact the county clerk to determine which courts handled naturalizations and where the records are presently located. The records of the federal courts may still be in the custody of the court, at branches of the National Archives, or at the National Archives.

An inventory of naturalization records at many county and federal courts is:

Neagles, James C., and Lila Lee Neagles. Locating Your Immigrant Ancestor. Second Edition. Logan, Utah: Everton Publishers, 1986. (FHL Ref book 973 P47n; 1975 ed. fiche 6117121.) This lists the years that declarations and petitions are available. You can request photocopies of these records.

The clerk of the court where the immigrant was naturalized may still have the original records. Some copies of court naturalization records have been transferred to National Archives branches. Records at these branches are described in The Archives and Guide to Genealogical Research in the National Archives (see the “Archives and Libraries” section of this outline).

Naturalization records for Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont from 1791 to 1906 have been gathered into the National Archives—New England Region and indexed in:

United States. ''Immigration and Naturalization Service. Index to New England Naturalization Petitions, 1791-1906''. Washington, DC: National Archives, 1983. (FHL films 1429671-787.)

Records Since September 1906
Beginning in September 1906, the federal government began regulating the naturalization process. The Bureau of Immigration and Naturalization (now United States Citizenship and Immigration Services or USCIS) required specific forms for declarations and petitions. Only these forms could be used and the Bureau controlled the number of courts able to naturalize by controlling distribution of the forms. However, both state and federal courts were allowed to naturalize.

The Declaration of Intent (Form 2202) was completed in triplicate. The court kept the original and gave copies to the applicant and the Bureau. The Petition for Naturalization (Form 2204) was kept by the court and a duplicate was sent to the INS. The Certificate of Naturalization (Form 2207) was given to the new citizen. A duplicate was sent to the INS and the court kept the stub.

In 1929 the INS changed the forms and required photographs of the applicants. Because the new forms were not distributed immediately, many state courts ceased naturalizing. Since 1929, most new citizens have naturalized at federal courts.

The first place to search for naturalization records created from 1906 to 1956 is an index in:

Office of the Immigration and Naturalization Service (INS) 425 Eye Street NW Washington D.C. 20536 Telephone: 202-514-2000 Internet: http://www.uscis.gov/portal/site/uscis.

You can also have this index searched via the nearest local INS office. The index will give the court where the naturalization took place. After 1956 records are at INS district offices. You may request a search of the records at the national and district offices by contacting the nearest INS office. INS offices are found in most large federal buildings. You will have a greater likelihood of success if you can identify the court or provide the exact address of the individual at the time he was naturalized.

Records at the Family History Library
Naturalization records at the library are listed in the Place Search of the Family History Library Catalog under one of the following:

[STATE] - NATURALIZATION AND CITIZENSHIP

[STATE], [COUNTY] - NATURALIZATION AND CITIZENSHIP

[STATE], [COUNTY], [TOWN] - NATURALIZATION AND CITIZENSHIP

The library has also acquired large collections of naturalization records from the National Archives branches in Atlanta, Chicago, Los Angeles, New York, and Seattle.

In some states, naturalization records are included in other court records and are not separately identified. The state research outlines will help you locate these records.

A key reference book about naturalizations is:

Schaefer, Christina K. Guide to Naturalization Records in the United States. Baltimore, Maryland: Genealogical Publishing Company, 1997. (FHL book 973 P4s.) Identifies records at both the National Archives and the Family History Library. It also describes many state and county courthouse collections. This book was published in 1997 and has not been updated. The Family History Library has added naturalization records to their collection.