U.S. Naturalization Records for Women

Columbia personified from a World War I poster
by Paul Stahr from Wikipedia

Naturalization records for women are even more complicated than those for men.

While the laws for naturalization did not limit citizenship by sex, women had few reasons to apply for naturalization before 1920 because they could not vote.  Generally, they did not hold property in their own names or appear as "persons" before the law. Only widows or single women would be likely to apply.  And since there were court fees to be paid, and no tangible benefits, few applied.

Prior to 1922, they derived their citizenship status from the status of their husbands. If her husband was alien, she was an alien, even if she had been born and raised in the U.S.!

Here is a timeline of the different laws and acts that effected women's citizenship in the U.S.:

• 1795 - an act (1 Stat. 414 § 1) that provided for the derivative citizenship for minor children . While it doesn't mention women they are included. 
• 1804 -  Widows and children of an alien who dies before filing his final papers are eligible for citizenship. 
• 1855 - An alien female who marries a U.S. citizen is automatically naturalized. 
• This law that linked a woman's citizenship with her husband' s status, was also used to revoke the citizenship of a woman if she married an alien resident even if she had been born and raised in the U.S.!
• The courts disagreed on how to apply this statute and eventually decided that between 1866 and 1907 no woman lost her citizenship by marrying an alien unless she left the country.
• 1867 - The U.S. annexed Alaska. Native Americans are considered citizens of a "separate nations" until 1924.
• 1888 - Native American  women who marry a U.S. citizens are declared citizens of the U.S. 
• Prior to 1906, wives and children may, or may not, be mentioned in the husband's naturalization papers.
• 1906 - The Bureau of Immigration and Naturalization is established, standardizing the forms used and information collected. Women still are subject to derivative citizenship. 
• 1907 - the Supreme Court ruled that women who married alien residents before 1907 did NOT lose their American Citizenship.
• 1907 - The Expatriation Act decided that female U.S citizens who married an alien lost their U.S. Citizenship. A married woman could not legally file for naturalization. This Act was repealed in 1922, but women who lost their citizenship under this act did not have their citizenship restored until 1936. (See later entry.)
• 1916 - Divorced wives and widows of U.S. citizens who are living abroad must register with a U.S. consulate within one year to retain their citizenship.
• 1918 - Women who are married to German citizens have their property confiscated.
• 1920- U.S. women are given the right to vote. Women who had their property confiscated during World War I (see above) can reclaim their property.
• 1922 - The Cable Act (42 Stat. 1022 § 4) establishes citizenship for women 21+ years old. Derivative citizenship is discontinued.
• 1929 - Women who gained citizenship through a husband who was naturalized could obtain a Certificate of Derivative Citizenship.
• 1931 - A woman who married an alien citizen would remain an American citizen unless:
• She renounced her U.S. citizenship in a U.S. court.
• She became a naturalized citizen of another country.
• She took an oath of allegiance to another country.
• She married an alien ineligible  to become a U.S. citizen prior to 1931.
• 1882-1930 - Chinese women were denied entry to the U.S. In 1930, Chinese wives were allowed entry if they had married a U.S. citizen prior to 1924. In 1945, the War Brides Act allowed the wives and children of Chinese American citizens to apply for citizenship. 
• 1936 - Women who lost their citizenship under the 1907 Expatriation Act, could apply for repatriation after the death of or divorce from her alien husband.She could regain her citizenship by taking the Oath of Allegiance.
• 1940 Congress allowed all women who had lost their citizenship between 1907 and 1922 to regain their citizenship regardless of their marital status - they did not have to be widowed or divorced.

Examples:

1. Mary Petras - Marie Komora was born in Czechoslovakia in 1903. She married Victor Petras in 1920. Victor came to the United States in 1922, leaving behind his wife and two small children. He applied for naturalization in 1923 and was granted citizenship in 1927, while his wife and children were still in Czechoslovakia.

Mary Petras and children, Mary and John Petras
around the time of their immigration to the U.S.
Photo courtesy Marijane (Petras) Kubach

Mary and the children sailed to the U.S. in 1928, joining her husband Victor in Cleveland, Ohio. Her status has nothing to do with her husband's, as shown in these excerpts from the 1930 and 1940 census records: 

Excerpt from the 1930 Census for Cleveland Ohio from Ancestry Library Edition.
It shows the family: Victor, Head of the family; Mary, his wife; John, his son; Mary, his daughter.

This tinier excerpt shows their citizenship status:
Victor immigrated in 1922 and he is a naturalized citizen.
Mary came in 1928 and she is an alien.
John & Mary (daughter) both came in 1928
and their citizenship is derived from their father's.

This the an excerpt from the 1940 Census for the family.
Mary's status as an alien hasn't changed.
Oh, and a third child has joined the family, Margaret.
As she was born in the U.S. of a naturalized citizen, Victor Petras, she is a natural citizen.

           But in December of 1939, Mary Komora Petras filed her application for naturalization:

Mary Petras' application for naturalization, dated December 1939.
From Ancestry Library Edition

                 And on April 19th, 1940 she took the Oath of Allegiance:

 But wait! Didn't the 1940 census still list her as an alien? Yes, it did. So what is going on here?  The census was taken on 13 April, six days before Mary took the oath and became an American Citizen. Technically, the census should have listed her status as "pa" for "papers filed."

 2. The two women in the documents below lost their U.S. Citizenship when they married alien residents. They were applying to get their citizenship reinstated or "repatriated" under the 1936 legislation, one because her husband had died and the other because they had divorced.

Oath of Allegiance - Family Search - Film # 007797040 - United States. District Court
(Nebraska  Omaha Division) - from FamilySearch.org

Oath of Allegiance - Family Search - Film # 007797040 - United States. District Court
(Nebraska  Omaha Division) from FamilySearch.org

 3. A single woman petitioning for citizenship in 1921 - shortly after women won the right to vote:

Ohio, Naturalization Petition and Record Books, 1888-1946 for Emma Johnson
from Ancestry Library Edition.
This is her Declaration of Intention.

In the hopes of finding an example of a woman applying for naturalization prior to 1920, I searched the indexes for early records in Lorain County Ohio, 1835-1845, Summit County Ohio 1843-1844 and Medina County Ohio, 1833-1860. I was really excited when Florence Weber appeared in the dockets for Medina County, the declaration of intention appearing in Volume D, page 265 of the docket and the naturalization record in Volume E, page 251:

Apparently, Florence can be a man's name in early 19th century France...

SOURCES:

• The Hidden Half of the Family A Sourcebook for Women's Genealogy by Christina Kassabian Schaefer.
• "Naturalization Records", The National Archives, https://www.archives.gov/research/naturalization/naturalization.html 
• ""Any woman who is now or may hereafter be married..." Women and Naturalization, ca. 1802-1940" The National Archives, http://www.archives.gov/publications/prologue/1998/summer/women-and-naturalization-1.html and part 2 http://www.archives.gov/publications/prologue/1998/summer/women-and-naturalization-2.html  
• They Became Americans Finding Naturalization Records and Ethnic Origins Loretto Dennis Szucs.
• "When Saying "I Do" Meant Giving Up Your U.S. Citizenship" by Meg Hacker, The National Archives https://www.archives.gov/files/publications/prologue/2014/spring/citizenship.pdf

Naturalization Records

Naturalization records, along with ship passenger lists, provide the link to "the Old Country" that we, as family historians, are all looking for eventually.

It helps if you have exhausted all the more traditional genealogical research before tackling Naturalization Records. Such research will help narrow down the place and time that your ancestor's naturalization might have taken place. Census records have clues to dates and places that might help guide your search.

CENSUS RECORDS

Census records can help lead your search. For example, if the parents are listed in the census as both  being born in Germany, as well as the oldest child/ren, but the next child is born in Pennsylvania and the following child is born in Ohio, the children's ages can help pinpoint the year of the immigration as well as where they have lived since immigrating. Knowing that they have to reside in the US for 5 years before becoming a citizen means you need to start looking at where they were residing in the 5-10 years after immigration to find their naturalization records. 

These census enumerations taken during the years of the US's. highest immigration (1880-1940) asked specific questions about immigration and naturalization status:

• 1900 Census asked:
• Year of immigration to the U.S.
• How long the immigrant had been in the U.S.
• Is the person naturalized
• 1910 Census listed:
• Year of immigration to the U.S.
• Whether a naturalized citizen or an alien resident
• Whether able to speak English, or list of what language is spoken
• 1920 Census asked:
• Year of immigration to the U.S.
• Whether a naturalized citizen or an alien resident
• If naturalized, year of naturalization
• 1930 Census listed:
• Year of immigration to the U.S.
• Naturalization
• Whether able to speak English
• 1940 Census simply asked Citizenship status.

Under the "Naturalization" column, you will see these abbreviations:

• AL means they are an alien resident
• NA means they are a naturalized citizen
• PA means they have filed their first papers but are not yet a naturalized citizen.
• NR means "not reported"

Excerpt from the 1920 Census for Cleveland Ward 3, Cuyahoga County Ohio.
Notice that Salvatore DiSalvo is listed under the name "Sam Desolva" His year of immigration is 1911.
His wife, Mary came to the US in 1915. "Sam" has filed his first papers "pa" while Mary is listed as an alien "al"
Notice that the two boys were both born in Ohio. However, their mother tongue is listed as "Italian" even
though they probably weren't doing much talking at the age of  1 1/2 years and one month!

Remember that not all of the foreign born alien residents became naturalized citizens even though they may have lived here the rest of their lives. Their reasons varied from a deep loyalty to their home country to simply not wanting to file the paperwork.

And to understand what information can be found and where to look for the record, you need to know what the laws were at the time of immigration.

LAWS

The United States passed its first law providing for the naturalization of foreign born residents in 1790. Some of its provisions were:

• The alien resident had to have lived in the U.S. for two years before filing a "declaration of intent". The person had to be " a free white citizen who behaved as a man of good moral character." Two witnesses attested to his "good moral character." This document usually contains more useful information for the genealogist.
• After 3 more years, the alien then had to file a "petition for naturalization". If the petition was granted, a certificate of citizenship was granted.
• Prior to 1906, these filings could occur in ANY court of record and most alien residents would file at the court most convenient to them.
• The names of these courts varied according to location and time period. Some of the names they went by are:
• County supreme court
• County circuit court
• County district court
• County equity court
• County chancery court
• County probate cord
• County common pleas court
• State supreme courts of Indiana, Idaho, Iowa, Maine, New Jersey and South Dakota
• Because so many different courts were involved in the naturalization process prior to 1906, the information collected varies so greatly that no rules can be provided as to what you will find or if it even still exists. Even court employees may not be familiar with what naturalization records are held in their older records.
• "Derivative" citizenship was granted to wives and minor children of naturalized men from 1790 to 1922. Children had to be under the age of 21 in the years from 1790-1940.
• Prior to September 1906, names of wives and children are generally not included in the filings.
• Starting in 1824 through 1906, minor aliens who had been living in the US for 5 years before their 23rd birthday could file their declarations & petitions at the same time.
• In 1862, any honorably discharged Army veteran of any war could petition for naturalization without filing a declaration of intent after living in the US for only 1 year. This provision was extended to honorably discharged veterans of the Navy or Marine Corps in 1894.
• Over 190,000 US veterans were naturalized during World War I.
• See Christina Schaefer's Guide to Naturalization Records of the United States to see what records are available for a particular locality.
• In 1906 the Federal Government standardized the forms and questions and the records are kept in Federal Archives.

My ancestor, James TAGG traveled from England to the U.S. in 1836. They came to Portage County, Ohio, where his wife, Rebecca, would be near her brother, Thomas HEIGHTON. In 1840, James filed his Intention to become a citizen. That record still has not been located. However, in the Archives in the Polsky Building at the University of Akron, I found the Supreme Court Journals for Portage County. In Volume 2, on page 263 I found what I was looking for. The Archives photocopy of the original is very difficult to read. Here is the transcription:

September Term A.D. 1842

William Clark, James Clark & James Tagg’s Naturalization

This day comes William Clark James Clark & James Tagg and prove to the satisfaction of the Court that they filed in this Court two years ago the requisite declaration of their intention to become citizens of the United States that they have resided in the United States for five years last past, that they have resided one year last past in the said State of Ohio and that during all that time they have behaved as men of good moral character attached to the principles and constitution of the United States and well disposed to the good order and happiness of the same and the said William Clark James Clark & James Tagg in open Court here severally swear that they will support the Constitution of the United States and they do absolutely and entirely renounce and abjure all allegiance and fidelity to every Foreign Prince Potentate State or Sovereignty whatsoever and particularly all allegiance and fidelity to Victoria Queen of Great Britain whose subjects they were. Whereupon it is ordered by the Court that certificates of Naturalization be issued to them on payment of costs of this application.

A scanned image of a Supreme Court Record book for Portage County from Familysearch.org
Unfortunately, the volume where James' records are have not been digitized, yet...

With this document, James TAGG was also conferring citizenship to his wife, Rebecca and his minor children at the time: John, born 1825, Joseph, born 1826, Mary born 1828, Lydia born 1829 and Eliza born 1830. Notice how NONE of their names, nor any other genealogical information, is listed in this document.

If the naturalization took place at a Federal Court, you will need to consult the National Archives regional offices for the appropriate state. Many of the records for 1880 through the 1930's can be found online at sites like Ancestry Library Edition and FamilySearch.org

RECORDS FOR SALVATORE DISALVO from Ancestry Library Edition in the order they would have been filed:

1. The Declaration of Intention - this paperwork lets the government know that the resident alien is interested in becoming a citizen. Filed on 29 December 1927.

This document tells us where & where he was born, Grotte (Sicily), Italy, where he came from,
Palermo (Sicily), Italy and the name of the ship he traveled on, Canada.
It also tells his current address and that he has a wife, Maria, who is living here with him.
Finally it gives us the date of his immigration to the U.S.

2. Petition for Citizenship - this document indicates that Salvatore believes he meets all the requirements to become a U.S. citizen. Filed 19 November 1930.

This paper repeats some of the information in the Declaration of Intention: address,
occupation, date of immigration, etc. But it also includes all of his children's names
and dates of births and that they all were born in the U.S. It includes the names of
two witnesses who are testifying to his moral worthiness to become a citizen.
The DiSalvo family is related to the Chianello family.

3. Certificate of Arrival - this shows that the alien came into the US legally and confirms the date and "manner of arrival" - aboard the SS Canada.

4. The Oath of Allegiance - this document is where the resident alien fore swears or rejects his allegiance to the leadership of his former country, in this case, the King of Italy, Victor Emmanuel III. But look more closely.

This petition was denied on the grounds that his "moral character not established." This would have been around the time that Salvatore's neighbor turned him in for making wine in his bath tub during Prohibition. The case did go to court and he was found guilty, but was not deported. Prohibition was repealed in 1933.

5. This card is an online index from Ancestry LE that shows that his petition was denied in November of 1931.

6. Salvatore filed a second Declaration of Intention on April 9, 1932.

This contains all the same information as was on his first Declaration. But now it includes a photo!

7. Now called a Petition for Naturalization, this repeats all the information in the first petition. Dated 10 January 1936, it does mention that his first petition was denied. Also, notice that the names of the witnesses are different.

8. The final Oath of Allegiance conferring citizenship to Salvatore DiSalvo on 24 April 1936.

INS/USCIC Records
 The United States Citizenship and Immigration Services has copies of ALL naturalization records from 1906-1956. However, they charge $65 per record requested. Since their fees are so expensive, you will want to use them as a last resort. You can visit their website for details on how to apply. USCIS And here is a graphic that explains the process concisely:

Medina Library has volumes of photocopied naturalization records covering the years 1934-1965 for Medina County. They are indexed. The look very much like Salvatore DiSalvo's record above.

The bound volumes of Medina County Naturalization Records are in dark blue
3-ring binders with orange covers as seen above.

Also, the Library has a 6 reel microfilm set that is labeled "Medina County Naturalization Records but is in fact a listing of court costs paid. Most of the individual entries are for civil litigation, but sometimes you will find where an individual paid the court costs for his petition for naturalization. This helps narrow down the time period for searching for the actual court record. Each Journal is indexed at the end of the journal. More than one journal can be on one reel of microfilm. Covers the years 1818-1855.

In the September Term (of the court) in 1825, Josepeh Pimlot applied for a Cert. of Naturalization in Medina County.
The above record shows where he paid the clerk's fee of $2.01 for the filing.

On this page for the Jan Term 1834, three different gentlemen paid their fees: James Brown,
Wm. Shaw, and Edwin Powers.

Passenger and Immigration Lists Index - many-volumed set of index listings to passenger and immigration lists published in other sources, does included naturalizations occasionally. 

In a later blog we will explore how naturalization records applied to women...

For more detailed information on U.S. Naturalization Records, please consult these SOURCES:

• Guide to Naturalization Records of the United States, Schaefer, Christina K.
• Mastering Immigration & Naturalization Records,  Quillen, W. Daniel 
• "Naturalization Records, The National Archives: https://www/archives.gov/research/naturalization/naturalization.html.
• They Became Americans Finding Naturalization Records and Ethnic Origins, Szucs,  Loretto Dennis.
• USCIS web site: https://www.uscis.gov/genealogy

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