| The
Path to Naturalization Records
Robert
W. Marlin discusses what can be found in these often overlooked
records.
 |
Index
cards from naturalization
proceedings are valuable records
in their own right. |
In
past issues of Family Chronicle, I have discussed
the importance of following the “paper trail”
your ancestors left behind. One of the oldest American sources
found along this path are those pertaining to naturalization.
Several of the original colonies had naturalization requirements
that predated the Declaration of Independence by more than
50 years. The laws regarding naturalization are extremely
confusing and have been changed dozens of times since they
were first implemented.
There are two distinct groups of naturalization records: those
that were created before 27 September 1906 and those that
came afterwards. A federal statute that became effective on
that date made the entire process a federal function. This
new law also created the Bureau of Immigration and Naturalization
within the Department of Commerce. All proceedings could still
be handled in almost any court, but copies of all documents
now had to be forwarded to the new Immigration and Naturalization
Service (INS).
Prior to 1906 naturalization proceedings were handled in a
somewhat loose and slipshod manner. The proceedings could
be handled in any court. Each court had its own methods and
rules regarding naturalization procedures, no matter what
federal statutes might demand. Some were far less demanding
than others. It didn’t take early immigrants long to
learn this, and they flocked to the courts that made the naturalization
rules the most lenient.
 |
 |
Abraham
Korris filed his Declaration of Intent in Brooklyn in
1908, but completed his Petition For Naturalization
in Hudson County, New Jersey. |
Under normal circumstances, the first step in all naturalizations
was the filing of a Declaration of Intent to become a citizen.
The Declaration of Intent was also known as the first papers.
After a given period of years the applicant could file the
final papers. The waiting period was changed many times. The
final papers were actually a Petition for Naturalization and
the issuance of a Certificate of Naturalization. The certificate
simply stated that the individual was now a citizen of the
US. In many cases the Declaration of Intent was ignored or
waived. The important papers to a genealogist are Declaration
of Intent and the Petition For Naturalization, as these usually
contain the most personal information about the applicant.
Pre-1906
Naturalizations
The US National Archives, located in New York City, houses
tens of thousands of naturalization records that occurred
prior to 1906 in the New York area. In this article I have
included a number of samples of index cards from some of these
proceedings. The index card has spaces for the following information:
family name, given name, court of naturalization, petition
number, date of naturalization, volume of bundle, page number,
copy of record number, address of naturalized person, occupation,
birth date or age, former nationality, port of arrival in
the US, and the date of arrival, as well as the name, address
and occupation of the witnesses to the naturalization.
Unfortunately, these records were not indexed until the mid-1930s.
The index card was designed to accommodate the information
found on most proceedings that occurred after 1890. When the
indexes were compiled it was only possible to record as much
information as the original documents contained. As illustrated,
most of the early proceedings required little information
from the applicant. In most cases it was little more than
his name, address, possibly his occupation and the name and
address of the witness. Two witnesses were not required until
much later. However, even the year of naturalization might
give you some clue as to the year that your ancestor arrived.
The address he lived at might give you an opportunity to check
back through city directories to find the year he was first
listed. Every scrap of information is a potential clue. Don’t
overlook anything.
As shown on the card samples, the early records from 1854
to 1869 for the Bernhardt and Kruse surnames contained little
more than the name of the person, their address, the date
of the naturalization and their former nationality. By comparison,
the card samples for the Siegel and Boudin surnames from 1897
to 1904 contain a wealth of information. These records usually
show the exact date of arrival in the US. One of the books
I highly recommend for further reference is entitled Locating
Your Immigrant Ancestor, which contains a wealth of information
dealing specifically with pre-1906 naturalization records.
This includes a list of court records from most states that
were part of America prior to 1906. Because the information
in it does not change, the information is as current now as
it was when the book was published in 1975.
 |
 |
Hilda
Margolin’s Declaration of Intention includes her
photo and physical description, to prevent her from
having someone else take her citizenship tests. |
Post-1906
Naturalizations
Post-1906 federal naturalization mandates changed the overall
picture of naturalization proceedings forever. Although the
proceedings could still be performed in any court, it was
now mandatory for a copy of all documents to be forwarded
to the new Department of Immigration and Naturalization Services.
The copies also had to be submitted on new forms that the
INS provided. Few state agencies wanted to buck a federal
agency and therefore complied with the new rules. Over a period
of time the INS refined their demands and qualifications which
for the first time unified the naturalization process in all
states.
By the time my paternal grandmother Hilda Margolin filed her
Declaration of Intent the information required was a gold
mine of genealogical wealth. It even listed the birth date
of her deceased spouse. The Petition for naturalization was
almost a duplicate of the Intent form.
Hilda’s Declaration provided all the following information:
name and location of court, name of applicant, address, occupation,
age, height, weight, complete physical description, race,
nationality, birthplace, birth date, marital status, name
of spouse, birthplace and birthdate of spouse, date and point
of entry of spouse into the US, present status of spouse,
number of children and their birth date and place of birth,
last foreign residence, port of emigration, port of entry
into the US, name at entry, and name of vessel.
The Petition for Naturalization contained the same basic information.
However, Hilda’s address had changed (a great genealogical
clue) and it contained the names and addresses of two witnesses.
One was her sister and one her cousin. I’m sure their
sworn statements were absolutely true and unbiased.
I have included the Declaration of Intent and the Petition
of Naturalization of her brother Abraham Korris because it
includes two very important differences from most naturalization
papers. He filed the original Declaration of Intent in Brooklyn,
New York in 1908. When he applied for the Petition For Naturalization
he did so in Hudson County, New Jersey. When your own ancestors
settled in an area which was close to a state line, don’t
overlook the fact that they may not have filed the final papers
in the same state as their Declaration of Intent. Recently
there have been erroneous statements made by archive officials
that all naturalization procedures had to be carried out in
a federal court. Abraham Korris is proof positive that this
is not so. Both of the papers were filed in state courts.
Modern
Naturalizations
Over a period of time there were numerous procedural changes
ordered by the INS in order to refine and standardize them.
Eventually documents evolved which made the procedures efficient
as well as informative. The early Declaration of Intent of
Abraham Korris is an example. It provided a lot of information
for any genealogist. Please note the document called for a
physical description of the applicant. This was designed to
prevent an applicant from sending someone in their place to
take the tests that had to be passed in order to qualify for
citizenship. Many early immigrants were rejected for citizenship
due to “sheer ignorance”, when these citizenship
tests were failed.
By the mid-1930s, a far more sophisticated method evolved
which included a photograph of the applicant. I have found
the later documents to be the best single source of genealogical
information I know of. In some cases they may even provide
the maiden name of the wife.
|
Further
Reading
Locating
Your Immigrant Ancestor by James C. and Lila Lee
Neagles (Everton Publishers, 1975). Lists courts that
have naturalization papers relating to naturalization
proceedings which occurred prior to 1906. Although published
some time ago, the listings should be accurate. The
records could have been moved to an archive, but the
court will certainly be able to tell you where they
are.
Guide
To Naturalization Records of The US by Christina
K. Schaefer (1997, ISBN 0-8063-1532-6). Reviews give
this book high marks for its coverage of a complicated
subject. Catalogues naturalization record locations
and documents that are available on film at the LDS
Family History Centers. Also cross-references the records
with the related film roll number.
American
Naturalization Processes and Procedures 1790-1985
by John J. Newman (Indiana Historical Society, 1985).
|
Locating naturalization records is the most difficult part
of your job. Most of the original records are located in courthouses
scattered all over the US. In some areas such as New York
City the job is a little easier. Many of the pre-1906 records
have been indexed and are available at the branch of the National
Archives located there. When dealing with post-1906 records,
the alternative to searching courthouse or archive records
is to request information directly from the INS. This can
be done in two ways. The information can be requested on a
standard INS form that requires a fee. Alternatively, it can
be requested through the Freedom of Information Office at
the INS. Either method has a substantial waiting period. The
books recommended below should guide you through much of the
confusion.
This
article originally appeared in the January/February 1998 issue
of Family Chronicle.
|