News From Terre Haute, Indiana

History

July 17, 2010

Genealogy: How did women, minor children first attain citizenship?

TERRE HAUTE — This week is a continuation of last week’s account of our immigrant ancestors’ path to becoming naturalized citizens.

How did women and attain citizenship? From 1790 through 1922, a woman’s citizenship was linked to the man in her life. The wife of a naturalized immigrant was automatically given U.S. citizenship when her husband became naturalized. An alien woman who married an American citizen automatically became a citizen upon that marriage. However, if an American woman married an unnaturalized alien, she automatically lost her citizenship (even if she continued to reside in the U.S. and never left the country). She could re-gain her citizenship if her alien husband later became a citizen. 

How did minor children attain citizenship? From 1790 through 1940, minor children under the age of 21 automatically became citizens when their fathers were naturalized. From 1824 through 1906, minor alien children who had lived in the U.S. for 5 years before they reached their 23rd birthday could file their declarations of intent and petitions for naturalization at the same time without waiting three years between the two steps.

Were there any special rules for veterans wanting to be naturalized? Yes. Starting in 1862 an Army veteran with an honorable discharge from any war could petition for naturalization without having previously filed a declaration of intent, and having resided in the U.S. for only 1 year, instead of the required 5 years. This law was expanded upon in 1894, 1918, 1919, 1926, 1940, and 1952 to cover other branches of service and other wars.

Have any ethnic or racial groups been excluded from naturalization? Yes. The 1882 Chinese Exclusion Act barred Chinese immigrant workers from citizenship and it was only with laws passed in 1943, 1945, 1952, and 1965 that people of any Asian ancestry were gradually allowed citizenship.

Where are the records located? Since the declaration of intent and the petition for naturalization could be filed in any court of record, at any level (county, state, or federal), the records are all over the place. Many records are still in the counties. In some cases they are recorded and kept in separate naturalization books, and in other cases an individual declaration or petition will be found in the minutes of the particular court in which it was filed, among the other court cases. Some county records have been transferred to state or regional archives.

A very few of the county naturalization records have been donated to the National Archives. These include microfilm series M1285 (179 rolls) titled “Soundex Index to Naturalization Petitions for the United States District and Circuit Courts, Northern District of Illinois, and Immigration and Naturalization Service District 9, 1840-1950.” This includes an index to the petitions filed in county courts in northern Illinois (Boone, Bureau, Carroll, Champaign, Cook, DeKalb, DuPage, Ford, Fulton, Grundy, Henderson, Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Knox, Lake, LaSalle, Lee, Livingston, Marshall, McHenry, McLean, Mercer, Ogle, Peoria, Putnam, Rock Island, Stark, Stephenson, Tazewell, Vermilion, Warren, Whiteside, Will, Winnebago, and Woodford counties) and northwestern Indiana (Benton, Fulton, Jasper, Lake, LaPorte, Marshall, Newton, Porter, Pulaski, St. Joseph, and Stark counties).

For naturalization records in the federal courts, the records will usually be stored in the National Archives (NARA) regional facility that serves the state where the federal court was located.

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