Naturalization

Overview of the Naturalization Process

The Naturalization Act of 1802 required prospective citizens to be "free white persons" with good moral character, reside in the United States for five years, declare their intention to become citizens at least three years in advance, and renounce their allegiance to any foreign country, essentially meaning they had to show a commitment to becoming a US citizen and demonstrate good character.

Key points about the 1802 Act:

  • Residency requirement: Five years

  • Declaration of intent: Required to be made at least three years before applying for citizenship by filing the Petition to Naturalize.

  • Eligibility restriction: Only "free white persons" could apply

  • Moral character requirement: Applicants needed to demonstrate good moral character

There were three major exceptions to the five-year requirement. Val Greenwood in The Researcher’s Guide to American Genealogy, 4th Edition", pages 561-562, explains:

  • The first exception was called "derivative" citizenship and was applied to wives and minor children of men who became naturalized citizens. Between 1790 and 1922, of a naturalized man automatically became a citizen, did an alien woman who married a US citizen…​.

    Between 1790 and 1940, children under 21 became naturalized citizens when their fathers were naturalized. However, prior to September 1, 1906, information about these wives and children was rarely included in the papers.

  • The second exception, this one applying between 1824 and 1906, was that minor aliens who had resided in the United States for at least 5 years before turning 23 could file both their declaration and petition at the same time.

  • The third exception was applicable to aliens who were in the US military who were U.S. military veterans. An 1862 law allow an army veteran of any War who was honorably discharged and who had at least one year of residency to file his petition for naturalization without having previously filed a declaration of intent.

— The Researcher's Guide to American Genealogy, 4th Edition
pages 561-562
What if the father of minor children never became a citizen?

If the father of minor children, those under 21, never naturalized, his minor children, if they were born outside the U.S., would not automatically later become citizens. This is true even if the father did file the Declaration of Intent.

If the father filed a Declaration of Intent to naturalize, but failed to file (three years or more years later) the Petition to Naturalize—​or if he died before he could do so—​his children would still need to file a Declaration of Intent. This could be done when they reached the age of 21 provided they had resided in the U.S. for five years. Then, two years later they could Petition to Naturalized.

Prior to 1906, the naturalization process for minors reaching adulthood differed slightly from the process for adults who began the process independently. The minors reaching adulthood at 21 would only have to wait two years instead of three after they filed their Declaration of Intent.

Naturalization Occurred in the Courts

The courts were solely responsible for the entire naturalization process:

It is important to remember that prior to 1906 the courts were responsible for the entire process. Naturalization proceedings could take place in any US District Court, in any court of the several States, the district or Supreme Courts of the territories. The clerk of the court was required to record all proceedings.

— The Researcher's Guide to American Genealogy, 4th Edition
pages 562

The Declaration of Intention could be filed in any "court of record" (municipal, county, state, or Federal). The subsequent Petition to Naturalzie could be filed in a different court. The clerk of the court was required to record all proceedings.

The “Old Law” Declarations of Intention (Jan. 29, 1795 – Sept. 26, 1906 process and content consisted of:

Declaration of Intention records' content and format varied between courts before Sept. 27, 1906.

“Old Law” Declarations usually offer less biographical information than their Standard Form successors but can contain more information about the subject than “Old Law” Petitions for Naturalization, court orders conferring citizenship, or Certificates of Naturalization.

Filing and recording an “Old Law” declaration was a very straightforward undertaking. Making an “Old Law” declaration required no proof of actual eligibility for naturalization; any alien, aged eighteen or older, could file a declaration with any naturalization court at any time. The declarant simply paid the prescribed fee, appeared before the court (or often the clerk), and made a declaration of intention under oath. [xiii]

The clerk of the court created a Declaration of Intention to document the event and entered it in the court’s permanent records. Without statutory guidance or administrative oversight, the design and quality of “Old Law” Declarations differed by court and each clerk filed and indexed naturalization records according to local recordkeeping practice.

The declarant usually received a receipt (or “Certificate of Intention”) showing that the declaration had been made. (If the declarant later applied for citizenship, this proof of the receipt was attached the Petition for Naturalization as proof the declaration had been made.) If a receipt was not issued, or if it was lost, an immigrant might make a new declaration in a court at a new location. Many immigrants made multiple declarations.

— History of the Declaration of Intention (1795-1956)

History of Naturalization

The waiting period before one could file the Declaration of Intent is shown in the table below. The information is from the U.S. Citizenship and Immigration Services History of the Declaration of Intention (1795-1956):

Waiting Period before Filing the Petition to Naturalize
Declaration of Intention Filed Between Waiting Period (years of residency required)

January 29, 1795 and June 17, 1798

3 years

June 18, 1798 and April 13, 1802

5 years

April 14, 1802 and May 25, 1824

3 years

May 26, 1824 and December 23, 1952

2 years
Between April 14, 1802 and May 25, 1824, there was no Declaration of Intention.

Key Points to Remember

  • Declaration of intentions could be filed at any time;

  • The declaration and Petition for Naturalization could be filed in different courts,

  • Many declarants filed more than one declaration, and

  • Finding a declaration does not in itself mean the declarant naturalized.

Family Search Wiki on Declaration of Intention

The Family Search wiki U.S. article on United States Naturalization and Citizenship states this about the Declaration of Intention:

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. 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.

The article also states the 5-year residency requirement before filing the Petition to Naturalization also include a 1-year residency in the state.

Civil War Veterans

A law passed in 1862 allowed Army Veterans of a war could file with a Declaration of Intent after only one year of residence in the U.S.

Records of Naturalization

The main naturalization document are:

  • Declaration of Intention - Prior to 1906, this gave the county of origin, applicant’s
    name, date of application, applicant’s signature. After 1906, much more information was given.

  • Petition to Naturalize

  • Certificate of Citizenship issued once citizenship was granted. The courts did
    not retain a copy.

Other documents that may also appear:

  • Naturalization Deposition

  • Oath of Allegiance

  • Certificate of Arrival

What the Declaration of Intent Did

The Declaration of Intention did not make you a U.S. citizen. But declarants could be conscripted into the U.S. Armed Services and nine states even allowed declarants to vote.

Naturalization and Immigrants who Applied for Land Patents

Recent immigrants could apply to buy a federal land patent. They were not required to be citizens, nor were they required to first make a Declaration of Intention to naturalize—​although the Preemption Act of 1841, which gave "squatters" (those already living on public domain land) the first chance the purchase the land on which they resided, did require either citizenship or making a Declaration of Intention to naturalize.

As Allison B. Tirres writes in "Ownership Without Citizenship: The Creation of Noncitizen Property Rights", page 25, it was not until 1887 that alien purchase of pulic land was qualified:

Not until 1887 would Congress prohibit alien purchase of public lands, and that prohibition was significantly qualified by an exception allowing noncitizens who had filed declarations of intent to purchase.

— Ownership Without Citizenship: The Creation of Noncitizen Property Rights
page 25

On pages 24-25, she adds:

The ability of aliens to purchase federal land remained free of either naturalization or declaration of intent requirements; as the Attorney General wrote in an opinion regarding an 1854 land law, "But what is there in the act to forbid the alien to purchase…​ in open competition with all the world, as he may other public lands? I do not perceive anything."

— Ownership Without Citizenship: The Creation of Noncitizen Property Rights
page 24-25

References