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== Naturalization Overview == | |||
Naturalization is the process of granting citizenship privileges and responsibilities to foreign-born residents. The naturalization process in the United States creates records about the immigrant seeking to become a citizen. These records can contain information about the immigrant but the content varies depending on the time period and from court to court.<br> | Naturalization is the process of granting citizenship privileges and responsibilities to foreign-born residents. The naturalization process in the United States creates records about the immigrant seeking to become a citizen. These records can contain information about the immigrant but the content varies depending on the time period and from court to court.<br> | ||
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| style="padding-right:0px; width:50%"| [[Image:Naturalization.jpg|thumb|left|200px|<center>New citizens being sworn in, 1910</center>]] | | style="padding-right:0px; width:50%"| [[Image:Naturalization.jpg|thumb|left|200px|<center>New citizens being sworn in, 1910</center>]] | ||
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Naturalization records began in Colonial times. The requirements and process of naturalization have changed many times over the years. The basic requirements have been residency in the country for a given period of time, good moral character, and an | Naturalization records began in Colonial times. The requirements and process of naturalization have changed many times over the years. 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 given in a court of record. | ||
==== Colonial Naturalization (Pre-1790) ==== | ==== Colonial Naturalization (Pre-1790) ==== | ||
British immigrants were automatically citizens of the colonies (British Empire). 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. <br> | British immigrants were automatically citizens of the colonies (British Empire). 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. <br> | ||
<u>'''3 Types of Colonial Naturalization'''</u><br> | <u>'''3 Types of Colonial Naturalization'''</u><br> | ||
*'''Denization'''--A type of naturalization used to obtain land. You could buy and sell land, but your heirs could not inherit your land. There were no political privileges associated with denization - you could not vote and you could not hold an public office in the government. | |||
*'''Oath of Allegiance'''--This type of naturalization during the colonial period was used to renounce all former country loyalties. This gave the immigrant full privileges, including voting and holding public office. | |||
*'''Collective citizenship'''--This naturalization process was used to naturalize a group of people without any supporting documents being created. Collective naturalization happened when the United States became a country in 1776 and all those living in the country (except Native Americans and African Americans) were collectively and automatically made US citizens. <br> | |||
==== Naturalization From 1790-1906<ref>Newman, John J. ''American Naturalization Records 1790-1990.'' (Bountiful, UT: Heritage Quest, 1998).</ref> ==== | |||
The immigrant also had to be a resident in the United States 5 years and a 1 year resident in the the state before becoming a citizen. In 1795, there was a 3 year | The first naturalization law was enacted in 1790. Over the years, naturalization laws changed numerous times, but generally speaking the process required a declaration of intention and a petition to be filed to become a citizen. The immigrant also had to be a resident in the United States 5 years and a 1 year resident in the the state before becoming a citizen. In 1795, the law stated there was a 3 year residency requirement. In 1798, it was changed to 14 years. However in 1802, the law was changed back to a 5 year residency requirement in the United States and remains a requirement to this day.<ref>US Citizenship and Immigration Services, "Citizenship Through Naturalization," https://www.uscis.gov/us-citizenship/citizenship-through-naturalization, accessed Sept 9, 2019. | ||
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 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. | ||
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Under the Act of March 2, 1929, individuals who derived citizenship through a parent's naturalization could apply for and receive a Certificate of Citizenship in their own name. Applicants age 21 or older applied to the Bureau of Naturalization, later the Immigration and Naturalization Service (INS, now [http://www.uscis.gov/genealogy USCIS]), and that agency issues such certificates without any involvement of the courts. For this reason records of certificates of derivative citizenship are available only from [http://www.uscis.gov/genealogy USCIS]. Many immigrants who derived citizenship in the 1870's, 1880's, or 1890's later applied for derivative certificates in the 1930's and 1940's. Certificates of Citizenship issued between 1929 and 1956 are among the [http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=80cc499275c47310VgnVCM100000082ca60aRCRD&vgnextchannel=b5f56782d3c37310VgnVCM100000082ca60aRCRD USCIS Certificate Files (C-Files)], while those issued after 1956 are among the [http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9f594b185a157310VgnVCM100000082ca60aRCRD&vgnextchannel=b5f56782d3c37310VgnVCM100000082ca60aRCRD USCIS Alien Files (A-Files)]. | Under the Act of March 2, 1929, individuals who derived citizenship through a parent's naturalization could apply for and receive a Certificate of Citizenship in their own name. Applicants age 21 or older applied to the Bureau of Naturalization, later the Immigration and Naturalization Service (INS, now [http://www.uscis.gov/genealogy USCIS]), and that agency issues such certificates without any involvement of the courts. For this reason records of certificates of derivative citizenship are available only from [http://www.uscis.gov/genealogy USCIS]. Many immigrants who derived citizenship in the 1870's, 1880's, or 1890's later applied for derivative certificates in the 1930's and 1940's. Certificates of Citizenship issued between 1929 and 1956 are among the [http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=80cc499275c47310VgnVCM100000082ca60aRCRD&vgnextchannel=b5f56782d3c37310VgnVCM100000082ca60aRCRD USCIS Certificate Files (C-Files)], while those issued after 1956 are among the [http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9f594b185a157310VgnVCM100000082ca60aRCRD&vgnextchannel=b5f56782d3c37310VgnVCM100000082ca60aRCRD USCIS Alien Files (A-Files)]. | ||
The Act of May 26, 1824 allowed immigrants who arrived before their 18th birthday to, upon reaching age 21, petition for naturalization without filing a prior declaration of intention. Petitions filed under this provision are usually called "'''Minor Naturalizations'''" because they relate to individuals who arrived as a minor (but who were an adult, age 21 or older, when actually naturalized). They are also examples of "one paper naturalizations" because no declaration was required. Many courts combined the declaration and petition documents into a form for this document which may or may not include the word "minor" in the title. Regular forms will cite the 1824 Act. The minor naturalization provision was often abused and was repealed in 1906.<ref | The Act of May 26, 1824 allowed immigrants who arrived before their 18th birthday to, upon reaching age 21, petition for naturalization without filing a prior declaration of intention. Petitions filed under this provision are usually called "'''Minor Naturalizations'''" because they relate to individuals who arrived as a minor (but who were an adult, age 21 or older, when actually naturalized). They are also examples of "one paper naturalizations" because no declaration was required. Many courts combined the declaration and petition documents into a form for this document which may or may not include the word "minor" in the title. Regular forms will cite the 1824 Act. The minor naturalization provision was often abused and was repealed in 1906.<ref>Newman, John J. ''American Naturalization Records 1790-1990.'' (Bountiful, UT: Heritage Quest, 1998).</ref> | ||
==== Women ==== | ==== Women ==== | ||
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