United States Naturalization and Citizenship: Difference between revisions

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'''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.  
'''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.  
'''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 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 (now United States Citizenship and Immigration Services or USCIS) 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.  
 
'''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  ===
=== Collective Naturalizations  ===
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=== Derivative Citizenship  ===
=== 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:
Citizenship may have been granted to individuals based on family relationship. 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. An alien woman who married a United States citizen became a United States citizen. From 1855 to 1922 a woman took the citizenship of her husband.  


*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.
'''Marrying an Alien'''
*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, [http://www.archives.gov/publications/prologue/1998/summer/women-and-naturalization-1.html Women and Naturalization, ca. 1802-1940]. <!-- Tidy found serious XHTML errors --><!-- Tidy found serious XHTML errors --><!-- Tidy found serious XHTML errors -->
&nbsp;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, [http://www.archives.gov/publications/prologue/1998/summer/women-and-naturalization-1.html Women and Naturalization, ca. 1802-1940]. <!-- Tidy found serious XHTML errors --><!-- Tidy found serious XHTML errors --><!-- Tidy found serious XHTML errors -->


== Naturalization Process  ==
== Naturalization Process  ==
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*Newman, John J. ''American Naturalization Processes and Procedures, 1790-1985.'' Indianapolis, Indiana: Indiana Historical Society, 1985. (FHL book 973 P4n.)
*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&nbsp;[[United States Court Records|United States Court Records]].


== Locating Naturalization Records  ==
== Locating Naturalization Records  ==
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=== Colonial Records  ===
=== 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 “[[United States Emigration and Immigration|Emigration and Immigration]]” section of this outline).  
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. It is online at [http://www.ancestry.com www.ancestry.com].


=== Records Before September 1906  ===
== &nbsp;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.  
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.  
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*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.
*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.  
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. Their holdings are online. Start at the National Archives website, [http://www.archives.gov www.archives.gov], and go to their regional locations for their holdings.  


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:  
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:  
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:Alien Files<br>
:Alien Files<br>


Forms G-1041 and G-1041A will be used and can be mailed with a money order or cashier's check.&nbsp;A personal check will not be accepted.&nbsp;You can download the forms from the [[www.uscis.gov|USCIS]] website. The mailing address is:  
Forms G-1041 and G-1041A will be used and can be mailed with a money order or cashier's check.&nbsp;A personal check will not be accepted.&nbsp;You can download the forms from the [[Www.uscis.gov|USCIS]] website. The mailing address is:  


:USCIS Genealogy Program<br>
:USCIS Genealogy Program<br>
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