Since many ancestors of Americans were foreign born, naturalization records
are another a source of genealogical information that you might want to
investigate. Naturalization is the process through which a foreign born
person becomes a citizen of the United States and is eligible to vote.
Not all immigrants became citizens as it is not required. Many obtained
their citizenship because of pride in their new country and a desire to
participate in democratic elections, a privilege perhaps not accorded
to them in their country of birth. Others became citizens for more materialistic
reasons, such as the right to acquire free land through homesteading.
During times of war, there was often hostility towards people from the
enemy country and immigrants may have obtained citizenship to show their
loyalty to the U.S., especially if they had children serving in the U.S.
Was Your Ancestor Naturalized?
Before beginning a search for a naturalization record, it may save hours
of futile research if you try to determine if there is evidence that the
individual you are researching did become a citizen. There are several
ways to do this:
Even with the above information, keep in mind the following caveats:
- Location of Birth Was the person foreign born? Usually
there's no need to be naturalized if born in the U.S.
- Census The 1900 and 1910 censuses ask if a person is
naturalized and 1920 further asks the year of naturalization. Indirectly,
the 1820 and 1830 census provide a clue with the question "number of
foreigners in each household not naturalized."
- Homesteading Land The person had to have initiated the
naturalization process to be eligible for free land through homesteading.
- Voter Registration Lists Is he/she listed as a voter?
- Occupation Did this person hold a job that required
- Not all foreign born individuals applied for citizenship and a child
born abroad is still a U.S. citizen if his/her parents are. During much
of our history, the wife and children automatically became citizens
when the husband/father took out citizenship papers.
- Naturalization was one of many census questions. The person who provided
the answer may not have known in fact if someone else had been naturalized.
An individual may have said yes because he felt it was the right thing
to say or he intended to begin the process.
- A Declaration of Intent, not final papers, was all that was required
- Not everyone who became a citizen registered to vote. Also, some states
allowed people who had filed a Declaration of Intent to vote even if
they had not received their final papers.
What Is the Procedure?
By now you might be getting the idea that naturalization documents are
not necessarily as easy to use as some other records, such as the census.
Generally, for most of our history there are two rules that apply to naturalizations:
- It was a legal process handled through the courts.
- It was usually a two-part procedure, the first being a Declaration
of Intent indicating that the person intended to become a citizen (voluntary
after 1952). This may have included as part of the document or as a
separate certificate or record information on the individual's date
and place of arrival into the United States. After a required period
of residency (five years, with some exceptions) the individual would
then file a Petition for Naturalization and, if granted, would receive
a Certificate of Naturalization. Both or either the Declaration and/or
the Petition may contain valuable genealogical information.
The procedures and requirements differed greatly depending on the location
and the time period. The first important information the researcher needs
to establish is whether the naturalization was before 1906 or afterwards.
In 1906 the naturalization process was simplified and taken over by the
federal government. It is much easier to find out where to look and what
to expect if it took place after 1906.
Where are Records Located?
Prior to 1906, naturalization could take place in any court having common
law jurisdiction. The court could be federal, state, or local and be called
by many names circuit, supreme, civil, equity, district, common
pleas, chancery, superior. In some cases a municipal, police, criminal,
or probate court did not actually have the right to handle naturalization
but they issued certificates anyway. Prior to 1905, over 5,000 courts
had been handling naturalization. By 1908 that number was reduced to just
over 2,000 courts and the Department of Labor began issuing A Directory
of Courts Having Jurisdiction in Naturalization Proceedings. This
directory, available on microfilm through the Family History Library,
can help you determine which court your ancestor may have used. Naturalizations
can now be handled in either federal or local courts. Since 1929, most
naturalizations have been at federal courts, but earlier records are more
likely to be at a local court because it was closer to the individual.
Prior to 1906, the biggest problem confronting a researcher is where
to find the record. The two procedures did not have to take place in the
same court so the immigrant could have filed a Declaration soon after
his arrival in New York, or perhaps he lived in Ohio for a while and filed
his Declaration there, hoping to qualify for free land. Then, after settling
on land in South Dakota, he may have submitted his Petition to a local
court. The Family History Library has microfilm copies of many pre-1930
records. If your ancestor lived in an urban area, there are many rolls
of films relating to Chicago (1871-1930), New York (1792-1906), Philadelphia
(1793-1911) and New England (1791-1906).
The good news is that copies of all naturalization records from 1906
to 1956 are at the Immigration and Naturalization Service in Washington,
DC. This does not guarantee success though. Since you are dealing with
a government agency, be prepared for a long wait. I had a copy of one
certificate of citizenship which gave the court, location, date, and name
of the immigrant, but the INS was never able to locate the file. You may
also be able to obtain copies of the file from the court, but some courts
will refer you to INS in Washington.
Naturalizations after 1956 are kept at the local INS office. Some records
are being transferred to National Archives branches or state archives.
See their page "Naturalization
Records" for information about records at the National Archives.
What Do the Records Contain?
In 1906, the process was standardized and uniform forms were issued.
The forms have been revised periodically, but generally contain at least
the following information:
- Declaration of Intention The court date and location;
the individual's name, age, occupation, personal description, birth
date and location, and residence; their date and vessel of arrival and
last foreign residence. From 1929 to 1941, it asked for the spouse's
name, marriage date and place, and birth information, plus names, dates,
and places of birth and residence of each child. It also includes a
picture of the applicant. After 1941, it requests the spouse's name
(no details on birth) and doesn't mention children. After 1929, the
last foreign residence is omitted. A separate Certificate of Arrival
giving details of arrival was required for arrivals after 1906, with
- Petition for Naturalization The court date and location;
name, residence, occupation, birth date and place; immigration departure
date and place; U.S. arrival port, date, and ship; date and place of
Declaration of Intention; spouse's name, birth date and place; children's
names, dates and places of birth; residence, witnesses, and oath of
allegiance. From 1929 to 1941 it also asked race, marriage date and
place, date of spouse's entry into the U.S. and naturalization information,
last foreign residence, and name used on arrival. After 1941, a personal
description was added, as well as details of any trips longer than six
months out of the U.S.
- The actual certificate This is the document given to
the new citizen and the one a researcher is most likely to find in old
family papers. It contains little information: court, date. and name
of new citizen. It may contain other information, but the Declaration
and Petition are the papers the researcher should try to locate.
Prior to 1906
There is no predicting what you might find in naturalization papers prior
to 1906. Until 1828, the immigrant had to report to a court to register.
This report was supposed to contain information on the birthplace, age,
and nationality. These alien registry books were separate volumes in many
areas, especially in the northeast. The registry may be found in later
records combined with the Declaration. After 1911, the immigrant was issued
a certificate of arrival.
A Declaration of Intention was usually required, again with exceptions.
It may contain little more than the name of the immigrant, but may also
have some of the details incorporated in the post-1906 form described
above. These are also called "first papers."
Early Petitions are part of the court record and may even be recorded
in separate ledgers called "second papers" or "final record." Information
varies greatly. Certificates of Naturalization were given to the new citizen.
The information was recorded but duplicates of the certificate were not
kept on file.
Spouses and children may derive their citizenship from their husband/father
and not have to go through the procedure themselves. Up until 1922, a
foreign born woman who married an American citizen became naturalized
upon marriage or, if her husband was foreign born, when he became a citizen.
No separate filings were required. Prior to 1906, they usually were not
even mentioned in the husband's petition.
After 1922, a woman had to be naturalized on her own. However, from 1907
to 1922, if a woman married an unnaturalized alien, she took his citizenship.
This created one particularly bizarre situation for a woman who was born
in Poland in September 1901. In November of that same year she came to
the U.S. with her parents. Her father obtained citizenship in 1906 and
she automatically became a citizen as well. In 1918 she married a man
who had immigrated from Russia in 1913, but was not yet a citizen. She
lost her citizenship because of this rule. In November 1922, her husband
became a citizen. This did not help her because on September 22, 1922,
the law was changed to say that any alien woman who married an American
does not become a U.S. citizen automatically. She applied on her own and
again became a U.S. citizen in 1942!
Children under the age of 21 automatically become citizens by the naturalization
of a parent. However, there are many exceptions to this law regarding
residence, whether or not a Declaration is required, what happens if the
parent dies or becomes insane, adopted children, illegitimate children,
step-children, and children born abroad.
Obtaining citizenship generally has been made easier for aliens who served
in the U.S. military. Filing of the Declaration of Intention was often
not required and the period of residency eliminated or reduced. However,
in 1894 the law was changed and during times of peace no one (except Indians)
could serve in the military unless he or she was a U.S. citizen or had
filed a Declaration of Intention. Aliens were allowed to serve during
times of war and to become naturalized.
Some states had laws forbidding aliens from owning land unless they had
filed a declaration. Homesteaders were able to qualify for free public
land after filing the declaration. The National Archives has homestead
records prior to May 1, 1908 and Bureau of Land Management after that
date. BLM can be accessed at http://www.blm.gov/nhp/index.htm.
Obstacles to Research
Besides identifying the court (or courts) that handled the various steps
in the procedure, there are other pitfalls. Some immigrants filed the
Declaration, perhaps for homesteading, but did not follow through with
the final papers. If they could vote and obtain land with the Declaration
only, they had no need to complete the process. Others were allowed to
skip the declaration and only had to file the final petition. In addition,
fraud occurred on a large scale. Thousands of fraudulent certificates
were issued in 1868 in New York because votes were needed in an election.
These certificates had no court records documenting the citizenship. If
you cannot locate the naturalization record in the court where it was
supposed to have occurred, your ancestor may have had a fraudulent certificate.
For further information, see the National Archives and Records Administration
Records" page; the LDS Research Outline on the U.S. (p. 38-41)
and the excellent 43-page booklet American Naturalization Processes
and Procedures 1790-1985 by John J. Newman (Indianapolis: Family History
Section, Indiana Historical Society 1985).