FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS HISTORY OF NATURALIZATION Naturalization is the process by which an alien becomes an American citizen. It is a voluntary act and many immigrants were never naturalized. Naturalization was normally a two-step process that took a minimum of 5 years. Congress passed the first law regulating naturalization in 1790. From the first naturalization law of 1790 through much of the 20th century, an alien could become naturalized in any court of record. Most people went to the court closest to them, usually a county court. The names and types of courts vary from State to State and also varied during different periods of history. The naturalization records may be found in the County Supreme Court Circuit court District court Equity court Chancery court Probate court Court of common pleas A few State supreme courts also naturalized aliens. Naturalizations were also processed in Federal courts, such as a U.S. district court or U.S. circuit court. BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 1 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS COLONIAL NATURALIZATIONS PRE-1790 British immigrants were automatically citizens of the colonies. Seven of the original colonies had their own laws for naturalizing foreigners as citizens of the British Empire colony. The earliest Colonial citizenship records are Oaths of Allegiance. Oath of Allegiance--This type of naturalization was used to renounce all former country loyalties. This gave the immigrant full privileges, including the right to vote and hold public office. All male immigrants over 16 were to appear in Court and swear allegiance to the rules of the country, and to The King of Great Britain and His successors to the Crown of England. Not everyone did. Most of these records have been preserved in ledgers and have been published. 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. African Americans were made citizens in 1868 through the Fourteenth Amendment. Native Americans became citizens through the Federal laws of 1887 and 1924. 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. These arrivals were usually recorded in the court minutes. 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. BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 2 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS LAWS OF 1906 Prior to 1906 naturalization records did not contain a lot of information. They usually contained only the date and port of arrival, immigrant’s name, age and country of origin. The Immigration laws of 1906 created the Bureau of Immigration and Naturalization (INS). Standardized forms were created requiring much more personal information. One copy was kept at the court and the other was sent to the INS. ELEMENTS OF NATURALIZATION: 1. DECLARATION OF INTENT or First Papers The applicant must have resided in the U.S. for at least two years. The person appeared in the court of their choice and declared their intent to become a citizen. 2. PETITION FOR NATURALIZATION After an additional three years of residency, the applicant could petition for naturalization. He appeared in court, was interviewed, was asked the oral civics questions and took the written English test. Witnesses of his choice were called to verify his residency and moral character. These were often family members, relatives, or close friends who were citizens. 3. CERTIFICATE OF ARRIVAL Between its institution in 1906 and 1 July 1924, the Certificate of Arrival was an essential document to process a Petition for Citizenship. This was required to verify the arrival date of the immigrant. 4. VISAS The Immigration Act of 1924 required all aliens to have a Visa to enter the United States. These could be obtained at U.S. Embassies and Consulates abroad. If the immigrant was planning to seek citizenship, the visa was sent to the INS. If not, it was retained by the immigration inspector at the Port of Arrival. Visas ultimately replaced the need for the Certificate of Arrival and it was no longer used. 5. OATH OF ALLEGIANCE / CERTIFICATE OF NATURALIZATION If the applicant passed all of the tests, he was able to take the Oath of Allegiance and become a citizen. The Oath could be given the same day or at a later ceremony. The immigrant then received his Certificate of Naturalization. BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 3 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS Could you pass the Civics Test? • http://www.uscis.gov/citizenship/teachers/educational-products/100-civics-questionsand-answers-mp3-audio-english-version ALIEN ENEMY REGISTRATION WW I After the start of World War I, non-naturalized persons, "alien enemy" by definition, were required to register with United States authorities as a national security measure. In 1917 non-naturalized female aliens were also registered as an additional security measure that included those women of American birth that were married to enemy aliens. ALIEN ENEMY REGISTRATION WW II The Alien Registration Act of 1940 required every non-citizen of the United States, age 14 years and up, to register and fill out the Alien Registration form. Specific forms were used. Copies are at the United States Citizenship and Immigration Services (USCIS). The originals were destroyed after filming. MILITARY NATURALIZATIONS Aliens who have served honorably in the U.S. Military have been given special consideration since 1862. Civil War soldiers were the first to receive this benefit. Laws were later passed to include all military services. Generally, the alien does not need to file a Declaration of Intent and the residency requirement has been shortened or totally reduced. Members of the armed forces were naturalized at military posts or nearby courts instead of in their legal residences. CITIZENSHIP FOR WOMEN From 1790 to 1922, wives of naturalized men automatically became citizens. An alien woman who married a U.S. citizen automatically became a citizen. In 1922, alien wives of U.S. citizens were allowed to file their Petition for Citizenship after one year of residency. Native-born American women who were married to aliens were stripped of their citizenship. BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 4 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS In 1936, those women who had lost their citizenship in 1922 due to having been married to aliens were reinstated as citizens on taking oaths of allegiance to the U.S. CITIZENSHIP FOR CHILDREN From 1790 to 1940, children under the age of 21 automatically became naturalized citizens upon the naturalization of their father. From 1824 to 1906, aliens who had lived in the United States 5 years before their 23rd birthday could file both their declarations and petitions at the same time. Children of aliens, who are born in the U.S., are considered natural born citizens upon birth. TIPS Check the Citizenship column on the 1900, 1910 and 1920 census records for the approximate date of immigration or number of years in the U.S. The following abbreviations were used to indicate the citizenship status of the person: A = Alien The person had not started the naturalization process. Pa = First papers or Declaration of Intent had been filed. Na = Naturalized. Date of naturalization may be given, although it may not be accurate. ONLINE RESOURCES www.familysearch.org Naturalization indexes and records are available for some states. More are being added, so check back often. Free website. www.ancestry.com Many passenger lists, naturalization indexes and records are available. This is a pay website, but it is available at all Denton Libraries to use for free. www.fold3.com This site contains naturalizations for some states. It is fee based, but available at the Regional National Archives in Ft. Worth at Montgomery Plaza. http://www.uscis.gov/genealogy U.S. Citizenship and Immigration Services website. It contains information on the Naturalization process and how to obtain copies of the records held by them, including the alien registration forms. http://www.uscis.gov/sites/default/files/USCIS/History%20and%20Genealogy/Genealogy/gene alogy_brochure.pdf Download this helpful brochure BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 5 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS http://research.archives.gov/search?expression=naturalization+records&pg_src=brief&datasource=online There are a number of naturalization images online at the National Archives. The National Archives in Ft. Worth holds the records for the region consisting of Texas, Oklahoma, Arkansas and Louisiana. The National Archives at Ft. Worth holds the following in RG (Record Group) 85: Records Description Dates: 1831-1953 Volume: 43 cubic feet Records created by the Works Progress Administration (WPA) to index Federal, State, and local courts. The records document naturalizations issued in Louisiana and Texas. There is a card index to certificates of naturalization (1831-1906, Louisiana), and a bound index to naturalizations (1853-1939, Texas.) Some records cited in the index may still be in the custody of the courts. State Archives may also hold naturalization records for the state. Check the various State Archive websites for specific holdings and online databases. For Colonial Records, search for books with the printed names of passengers and those who took the Oath of Allegiance. Good sources for Pennsylvania are: Pennsylvania German Pioneers: A Publication of Original Lists of Arrivals in the Port of Philadelphia from 1727-1808, in 3 volumes, by Strassburger and Hinke. Names of foreigners who took the oath of allegiance to the province and state of Pennsylvania, 1727-1775, with the foreign arrivals, 1786-1808 (1892 by Willliam Henry Egle. Google “Oaths of Allegiance” and the state for others. BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 6 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS Each of the following links from the Family Search Wiki will give you specific information regarding the process and courts used in that state: Naturalization Records by State Alabama Kentucky North Dakota Alaska Louisiana Ohio Arizona Maine Oklahoma Arkansas Maryland Oregon California Massachusetts Pennsylvania Colorado Michigan Rhode Island Connecticut Minnesota South Carolina Delaware Mississippi South Dakota District of Columbia Missouri Tennessee Florida Montana Texas Georgia Nebraska Utah Hawaii Nevada Vermont Idaho New Hampshire Virginia Illinois New Jersey Washington Indiana New Mexico West Virginia Iowa New York Wisconsin Kansas North Carolina Wyoming BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 7 FINDING YOUR ANCESTOR IN NATURALIZATION RECORDS BY SUSAN SCHWARTZ FOR EMERITUS COLLEGE, UNT 28 APRIL 2015 Page 8
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