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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.


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