United States Naturalization and Citizenship
From FamilySearch Wiki
|Line 13:||Line 13:|
| [http://www.uscis.gov/portal/site/uscis www.uscis.gov]
| [http://www.uscis.gov/portal/site/uscis www.uscis.gov]
| [[United States Naturalization and Citizenship#
| [[United States Naturalization and Citizenship#|About USCIS]]
| [http://www.germanroots.com/naturalization.html Online Searchable Naturalization Indexes & Records]<br>
| [http://www.germanroots.com/naturalization.html Online Searchable Naturalization Indexes & Records]<br>
Revision as of 16:47, 12 August 2010
- United States U.S. Naturalizations
Most Popular Websites for Naturalization Records
Why Use This Record?
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.
Immigrants to the United States have never been required to apply for citizenship. An immigrant could become a citizen anytime after they arrived in the United States. Of those who applied, many did not complete the requirements to become a citizen.
Before 1906, the information recorded on naturalization records differed widely. Naturalization records before 1906 are not likely to give town of origin or names of parents. However, naturalization records after 1906 contain more information than earlier records. 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.
Before 1906, naturalization records may contain:
- Port of arrival
- Date of arrival
- Age of immigrant
- Residence of immigrant
- Country of origin or allegiance
In 1906, the Bureau of Immigration and Naturalization was created.  (Later called Immigration and Naturalization Services or INS.) The result was standardized forms throughout the country and a copy of the naturalization papers sent to the INS in addition to the court keeping a copy.
After 1906, naturalization records may contain:
- Birth date & place of immigrant
- Spouse & children
- Birth dates and places for spouse & children
- Port of arrival
- Date of arrival
- Vessel of arrival
- Physical Description
- Marriage date
- Last Foreign Address
- Marital status
Naturalization records began in Colonia 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)
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.
Types of Colonial Naturalization
- Denization--A type of naturalization used to obtain land. You could buy and sell land, but could not hold public office. There were no political privileges associated with denization.
- 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 using documents. 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.
Naturalization From 1790-1906
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 (Except during the years 1798 to 1828. see Report and Registry listed below). After 1906, several other documents were created during the naturalization process.
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 waiting period, later changed to 2 years in 1824, between filing the declaration and the petition.
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:
- Declaration of Intention. The immigrant filed a declaration of intention (also called first papers) to renounce allegiance to foreign governments and to later prove he or she had resided in the country long enough to apply for citizenship. Residency laws changed consistently over time ranging from no residency requirement (meaning they could declare right after they "came off the boat") to 14 years residency. However, generally speaking, an immigrant filed a declaration of intention up to two years after he immigrated to the United States. The immigrant could declare any time after he arrived after fulfilling the residency requirement. Some immigrants waited as late as 20 years after coming to the United States to begin the process to become a citizen. There are some exceptions to the naturalization process where the immigrant was not required to file a declaration.
- Petition. The immigrant had to wait anywhere between one to three years after he filed his declaration to file his petition for citizenship (also called second or final papers). Most often the petition was filed in a court nearest to the town where the immigrant settled. An Oath of Allegiance was also signed to pledge the immigrants allegiance to the Untied States and sign a written oath.
- Certificate. After all requirements were completed, the immigrant was sworn in as a citizen and issued his or her certificate. The certificate is given from the same court the petition is filed in. It is called the Certificate of Citizenship or Certificate of Naturalization.
Report and Registry, 1798-1828
From 1798 to 1828, a new immigrant was required to appear before a local court and register his arrival in the United States. This was usually recorded in the court minutes. Sometimes a separate document, a report and registry or aliens' register was created instead. The immigrant could obtain a certificate showing that he had registered in order to prove his residency later when he applied for citizenship. The Report and Registry could take place at a different time and different court than the immigrant's declaration.
The Report and Registry may include the following information depending on the court recording the information:
- Name of immigrant
- Nation of allegiance
- County of migration
- Place of intended settlement
Naturalization After 1906
When the INS was created in 1906, other naturalization records were created to process naturalizations and keep track of immigrants in the United States. Copies of these documents are only in the possession of the former INS, now United States Citizenship and Immigration Services (USCIS). A summary of some of these documents are listed below:
- Certificate of Arrival, 1906 to the 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 date of arrival. This was kept in the file with the petition.
- Certificate of Registry--A certificate created by the INS to document immigrants who arrived prior to July 1, 1924 to the United States where no original arrival record could not be located.
- Visa and Application--Began with the Immigration Act of 1924. All aliens had to have a Visa to enter the United States. Visas were obtained at US Embassies and Consulates abroad. Visa Files contain birth information, parents, children, previous residence and a photograph beginning in 1929.
- Alien Registration--The Alien Registration Act of 1940 required that every non-citizen of the United States, age 14 years and up, had to register and fill out the Alien Registration form. The Alien Registration Program created a specific form, AR-2, for this program and forms were created from 1 Aug 1940 to 31 Mar 1944 during World War II. All original alien registration forms were microfilmed and are at the United States Citizenship and Immigration Services. The originals were destroyed after filming.
- An alien registration form contains the following information:
- Name at time of entry to the US
- Other names used
- Date of Birth
- Marital Status
- Height & Weight
- Hair & Eye Color
- Port, date, ship, and class of admission at last arrival in US
- Date of first arrival in US
- Years lived in US
- Intended stay in US
- Usual occupation
- Present occupation
- Present employer, including address
- Club, organization, or society memberships
- Military service (Country, branch, dates)
- Date and number of Declaration of Intention (if filed), and city and State where filed
- Date of Petition for Naturalization (if filed), and city and State where filed
- Arrest history
- Date and place of registration
Naturalization Records by State
Locating Naturalization Records
By Time Period - What to Know Before Searching
Colonial Naturalization Records (Pre-1790)
Naturalization records before 1790 differ vastly from later naturalization records. Colonial naturalizations consist mostly of lists of those that took the oath of allegience. The colony where the immigrant was living had jurisdiction over naturalizations.
A good source to begin searching for colonial naturalization records is William P. Filby's Passenger and Immigration Lists Index, 1500s- 1900s. This source has indexed published passenger lists as well as early published naturalization records. Passenger and Immigration Lists Index, 1500s- 1900s includes the original sources where the information came from.
Passenger and Immigration Lists Index, 1500s- 1900s is available in book form, CD-ROM, and Ancestry.com. There are several sets and supplements that have been added to the original publication. The most current supplement, 2009 is in book form and not included in the CD-ROM or Ancestry.com database.
Records Between 1790 and September 1906
An immigrant 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.
You may need to search the records of each place where your immigrant ancestor lived to locate both naturalization records. He may have filed the declartion of intention in one court in one state and filed the petition several years later in another court and state. Begin first by looking for naturalization records in the courts of the county or city where the immigrant settled. Most likely the petition (second papers) was filed in that county or city.
Records Since September 1906
Beginning in September 1906, the federal government began regulating the naturalization process. The Bureau of Immigration and Naturalization (now the 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 applicant was to use the declaration to apply for the petition. If the declaration is still in possession of the family, the immigrant probably did not complete the process and was not a citizen. 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 and a stub of the Certificate was kept in the court to prove it was issued. A duplicate of the petition was sent to the INS.
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. However, naturalizations were still taking place in local county courts as well as federal courts and the records of any court still naturalizing should be consulted to locate your ancestor's records.
Finding Naturalization Records
Immigrants could naturalize in any court that performed naturalizations. That included city, county, state and federal courts. After 1906, federal courts naturalized many immigrants, however, other local courts continued to naturalize as late as 1985. Check all possible courts in the area your ancestor lived.
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 the immigant eventually settled. After 1906, the declaration can be filed with the petition as the immigrant was required to submit a copy when he submitted the petition.
Because immigrants were allowed to naturalize in any court, they often selected the most convenient court. If they lived in New Jersey but worked in New York City, also check the courts of New York City for the naturalization records. If an immigrant lived on the border of a county, they may have naturalized in the adjacent county because the courthouse may have been closer.
Locating the Correct District Court
One federal court that may contain your ancestor's naturalization records is the District Court. However, to search the these records you must first determine the correct district court. Click on United States District Court Jurisdictions to help you identify the correct District Court. You must know the county your ancestor resided in.
On the Internet
There are many online resources available for researching naturalization records. These online resources include naturalization indexes as well as digital images of naturalization records.
- Online Searchable Naturalization Indexes and Records--This website contains links to naturalization indexes and records. It is arranged by state and gives the statewide indexes and records first. It then gives the countywide indexes and records. This website is updated regularly and is a great source to begin searching for naturalization records on the Internet.
- Footnote.com--This website has a partnership with the National Archives to bring digital images of some of the National Archives collections online. Part of the website is free, other images are only available through a subscription. Free access is given to the website at the National Archives, at National Archives regional branches, and at Family History Centers that have Internet access. To locate naturalization databases on footnote.com, choose the "browse all" link. Under the category list, click on Naturalizations 1700s - Mid 1900s. At the bottom of the screen, use the "search within" box to type in a name. There is also an "advanced search" option that helps narrow down common names when more information is known about the ancestor.
- Ancestry.com--This is a subscription website. Most of Ancestry's naturalization records are found under the heading Immigration and Emigration. You can access these records by the following methods:
- 1) Ancestry Database Card Catalog--type the word naturalization in the Database Title Box. This will give you a listing of naturalization records.
- Olive Tree Genealogy Naturalizations--Free access to many indexes. Some are submitted by Olive Tree Genealogy(OTG) volunteers.
- United States Citizenship and Immigration Services (USCIS)--After 1906, a copy of all naturalization records were sent to the Immigration and Naturalization Service or INS, now called the USCIS. You may access their records through the USCIS Genealogy Program. Their website is www.uscis.gov. More details are listed below under, Using the Genealogy Program at the United States Citizenship and Immigration Services.
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 is:
• Schaefer, Christina K. Guide to Naturalization Records in the United States. Baltimore, Maryland: Genealogical Publishing Company, 1997. (FHL book 973 P4s.) It 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 since the publication.
At Regional Archives and other Repositories
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 regional branches. Check these Regional Branches for Federal Court Records as they charge less than the USCIS.
National Archive regional branches have websites that often state which naturalization records they have available. To locate the regional branch covering the location of the court where the naturalization document was filed, click here.
Using the Genealogy Program at the United States Citizenship and Immigration Services
The United States Citizenship and Immigration Services (USCIS) has instituted the Genealogy Program for public access to all records from 1906 to 1956 created by this agency, formerly Immigration and Naturalization Service (INS). Review the Genealogy Frequently Asked Questions website to expedite your order and ensure success for your request.
- Certificate Files (C-files) from September 27, 1906 to April 1, 1956
- Alien Registration Forms from August 1, 1940 to March 31, 1944
- Visa files from July 1, 1924 to March 31, 1944
- Registry Files from March 2, 1929 to March 31, 1944
- Alien Files (A-files) numbered below 8 million (A8000000) and documents therein dated prior to May 1, 1951
When ordering by mail, use forms G-1041 (for an index search) and G-1041A (for obtaining the record). Do not submit G-1041A until you have completed a search with form G-1041 UNLESS you have a valid file number. Once the form is filled out, include a money order or cashier's check. Cash or a personal check will not be accepted. There are NO refunds for incorrect file numbers submitted or for negative results. The mailing address is:
- USCIS Genealogy Program
P.O. Box 805925
Chicago, Illinois 60680-4120
The fee schedule is:
Form G-639, the FOIA form will still be used for naturalization records created after 1956.
Determining if your Ancestor Naturalized
Before you search for your ancestor’s naturalization records, you should have an idea of when they immigrated to the United States.
Evidence that an immigrant became a citizen 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
If your immigrant lived until after 1900, you should locate them on as many censuses as you can.
Census Records – 1900 to 1930
The 1900, 1910, 1920, and 1930 Censuses each ask the year an immigrant arrived to the United States. It also asks if the individual was naturalized or not. The codes for naturalization are as follows:
- PA: The individual began the naturalized process and has submitted a declaration of intention.
- NA: The individual has completed the naturalization process and is a US Citizen.
- AL: The immigrant had not yet naturalized or even begun the process. Not every immigrant naturalized.
- NR: The census taker did not report the citizenship information.
The 1920 Census also asks the year the individual naturalized. The 1920 Census is the only year this question is asked.
Certificate of Naturalization or Certificate of Citizenship:
It is helpful to know if your ancestor naturalized. Documents found in your family’s possession may indicate if your ancestor naturalized. One document you may find in your family's possession is a Certificate of Naturalization or Certificate of Citizenship. This document indicates that your ancestor completed the process, and was a naturalized citizen of the United States. The certificate also states the court where the petition was filed. This helps locate a copy of the petition, which can contain more information about the immigrant.
If your ancestor had a United States passport, your ancestor completed the naturalization process and was a US Citizen. Passports were only given to U.S. citizens. They were and was not required for travel outside of the United States during times of war. Often newly naturalized citizens would obtain passports to keep them from being drafted in their native country's military. For more information about United States Passports, click here.
Tips for Success
For success in finding naturalization records and obtaining the information desired, remember that there are limitations in naturalization records, exceptions to the naturalization process and search strategies that should be used such as checking spelling variations.
Town of Origin
Most researchers hope to find the town of origin in naturalization records. This information usually is listed in naturalization records after 1906 when the forms were standardized. Before 1906, often the country of origin is only listed and the town not normally given. However, because each court recorded different information prior to 1906, it is important to search the earlier naturalization records.
Prior to 1906, each court created their own naturalization forms. Each form was different, so information recorded on the form differed. You may find substantial information in one court (date and place of immigration, age of applicant, place of birth) and very little information (name of aaplicant, country of origin) in another court. Thus, it is important to always obtain the naturalization records of an immigrant even if they naturalized before 1906.
Names of Parents
Exceptions to the Naturalization Process
There are exceptions to the naturalization process that can determine whether you find a declaration of intention and a petition for your ancestor, or not.
Immigrant children, even today, receive their citizenship from their parents. Starting in 1790, children recieved derivative citizenship from their father (or mother in some cases). Derivative citizenship is defined as getting one's citizenship from another person. When the child's father became naturalized, his children under 16 (or 18, depending on the year) automatically became citizens. No paperwork was created. To prove his or her citizenship, the child would need his or her father's certificate of citizenship (or certificate of naturalization).
Beginning in 1824 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. The declaration was often submitted with the petition.
In 1855, derivative citizenship (obtaining one's citizenship from another person) was also available for immigrant women marrying U.S citizens, or if their husbands obtained their citizenship during their marriage. The wife's proof that she was a U.S. citizen was her husband's certificate of citizenship (or certificate of naturalization) and her marriage certificate.
In 1922, citizenship was no longer available to women through marriage. However, from 1907 to 1922, a woman could lose her U.S. citizenship if she married an alien, even if she was born in the United States. For more information, read Marion L. Smith's article, Women and Naturalization, ca. 1802-1940.
To serve in the United States military, one did not need to be a United States citizen - even today. The United States Government passed some naturalization laws to help encourage new immigrants to serve in the military in their new homeland. These laws made becoming a naturalized citizen easier for the immigrant in military service. The following are the laws concerning service in the military:
Army--Beginning in 1862, the Declaration was waived, and the residency requirement was reduced to one year, for a soldier with an honorable discharge.
Navy & Marines--Beginning in 1894, with an honorable discharge, the Declaration was waived and the residency requirement was reduced to one year.
World War I--In 1918, during WWI, the residency requirement was waived and the Declaration was also waived. Soldiers were naturalized at military posts.
In some instances, entire groups have been collectively granted U.S. citizenship. Collective naturalization is defined as a group of people all receiving their citizenship through an act of congress or treaty. In these cases you will not find individual naturalization papers.
In 1868, African-Americans were made citizens by the Fourteenth Amendment of the Unites States Constitution. In 1924, Native Americans were finally made citizens, although some chiefs of tribes became citizens before this date. The Native Americans were not included in the Fouteeneth Amendment because they were considered a seperate nation.
Collective naturalization also occurred for residents of the Louisiana Purchase in 1803, Texas in 1845, and Hawaii in 1898.
Search all spellings of the surname. Think about how the surname was pronounced, and how it sounded in your ancestor's probable accent. The surname may be spelled differently in earlier records that were closer to your ancestor's immigration date.
Other Naturalization Topics
There are over 150 U.S. naturalization laws that have been enacted since 1790. These laws change the residency requirements and other stimpulations for naturalizating. A summary of some of the major naturalization acts passed by congress can be found here.
- ↑ 1.0 1.1 Schaefer, Christina K. Guide to Naturalization Records of the United States (Baltimore, MD: Christina K. Schaefer, 1997).
- ↑ 2.0 2.1 Newman, John J. American Naturalization Records 1790-1990. (Bountiful, UT: Heritage Quest, 1998).
- ↑ United States Citizenship and Immigration Services, :Alien Registration Forms on Microfilm, 1940-1944
- ↑ Greenwood, Val D. The Researcher's Guide to American Genealogy, 3rd ed. (Baltimore, MD: Genealogical Publishing Co., Inc., 2000)