1. What are naturalization papers (Declaration of Intention)?

2. Where can you find naturalization documents?

3. Instructions for requesting the Declaration of Intention and Naturalization papers




1. What are naturalization papers and the Declaration of Intention?

Naturalization is the process by which an alien becomes an American citizen. As a general rule, it was a two-step process that took a minimum of 5 years:

  1. First your ancestor had to fill a declaration of intention (so-called "first papers") to become citizen, after residing in the United States for 2 years
  2. After 3 additional year, if the petition for naturalization was granted, a certificate of citizenship was issued

As a general rule, the "declaration of intent" generally contains more genealogically useful information than the "petition." Italian immigrants were the largest group to fill up the first papers. The "declaration" may include the alien's month and year (or possibly the exact date) of immigration into the United States and port of entry. This date may be exact or an approximation. Sometimes the date of arrival recalled by the individual is when he arrived at the city in which he located rather than the date of arrival at the port.

Keep in mind; WIVES were automatically naturalized with their husbands in the earlier years of the 1900's, so you may never find naturalization papers for them.

Naturalization records document the granting of US citizenship through judicial proceedings, and The Immigration and Naturalization Service (INS) naturalization records duplicate those found in naturalization courts throughout the country (see below the section dedicated to C-Files). INS also maintains a variety of citizenship records, among their records relating to derivative citizenship, resumed or restored US citizenship, or loss of US citizenship.



Naturalization Certificate Files (C-Files)

"INS naturalization certificate files, known as C-Files, include a duplicate copy of all naturalization records dated after September 26, 1906. All C-Files contain at least a copy of the Declaration of Intention (184k) to become a US Citizen (to 1952). Occasional files contain additional documents or correspondence.

C-Files include all US naturalizations from all States and Territories, and from all courts (Federal, State, and local). INS maintains an index to the C-Files, and can retrieve individual records based on name, date of birth, and place of birth. C-Files from 1906 to 1956 have been microfilmed, and are available via Freedom of Information/Privacy Act request to INS Headquarters in Washington, D.C.
For naturalization records after 1956, Freedom of Information requests should be sent to the appropriate INS District Office.

An index to naturalizations of soldiers during World War I may be found at the National Archives.

Alien Registration began in August 1940, as a program intended to fingerprint and create a record for every non-citizen within the United States. Alien Registration Forms, 1940-1944, were microfilmed and remain with the INS.

Beginning in 1944, Alien Registration records became the foundation document in a new series of INS records, the Alien Files, or A-Files. Since that time INS has maintained an individual case file on each immigrant to the United States, containing all papers, records, and documents relating to that immigrant. A-Files remain with the INS and are subject to the Freedom of Information/Privacy Acts. To obtain copies of A-Files, you must submit a request identifying the immigrant by name, date of birth, and place of birth to the INS Freedom of Information Act program."
(By courtesy of Steve Saviello, owner of COI, Communes of Italy, Mailing List "Where one asks, many answer, and all learn")

2. Where can you find naturalization documents?

Naturalization records from county courts may still be at the county court, in a county or State archives, or at a regional archives serving several counties within a State.
The National Archives does not have naturalization records created in State or local courts. However, some county court naturalization records have been donated to the National Archives.

If the naturalization took place in a Federal court, naturalization indexes, declarations of intent, and petitions will usually be in the National Archives regional records services facility serving the State in which the Federal court is located. Some of these indexes and records have been microfilmed.

Read the Nara statement related to the records holdings in their archives-Northeast Region, New York.

3. Instructions for requesting the Declaration of Intention and Naturalization papers

The Declaration Of Intention is the first paper filed, the application, which should contain detailed information about date of birth, town and Province of birth, names of parents, etc. Unfortunately, documents filed prior to 1906 usually only contain the country of origin and not he name of the town.
If in doubt, order a copy of the entire file.
The following steps can be of a great help if you are in the process of requesting a copy of the declaration of intention:

Step 1: Get the citizenship date from the 1920 or earlier census information for your immigrant ancestor. [Or, your ancestor's arrival-date if he or she did not become a citizen].

Step 2: Be able to prove that you are a direct descendant of the immigrant by using copies of death, birth or marriage certificates. (Usually, the immigrant's death certificate plus birth certificates leading to you are enough.)

Step 3: Fill out the Freedom of Information Act (FOIA) Form (from the US Department of Justice, Immigration and Naturalization Service). The form is Form G-639. This form may be obtained at the nearest Immigration and Naturalization Service Office.
You can also obtain Form G-639 by telephone. The number is 1-800-870-3676.
Be prepared to give the number of the form, your name, address, and telephone number.
You should receive the form in about 2 weeks.

You can also obtain a copy of the form at many of the branch Family History Centers or the genealogy department of your own public library.

You can print out a Freedom of Information Act at this site. The forms are intended for journalists making requests for records, but need only minimal editing for family research use.
(http://www.rcfp.org/foi_lett.html)

I have used the forms from the site to obtain records from the INS, Social Security Administration and the FBI.

Step 4: Mail the form to the INS Office, 425 "I" St. NW, Washington DC 20536.
Clearly mark the outside of the envelope "Freedom of Information Request"

Step 5: You will be billed for the copies.
You may be able to obtain the documents you need without having to make application to the INS. If you can identify the Court that issued the Certificate of Naturalization, you may be able to obtain the records from that Court.

Until the 1950's petitions for naturalization could be heard EITHER in Federal District Court OR in an appropriate State Court.
If your relative became a citizen through a State Court proceeding prior to 1906, the INS will not have any record and you will have to find the State record.

The State Court may be known by different names. In California it is called the Superior Court in each of the counties. In New York it is called the Supreme Court. In other States it may be called the District Court or the Court of Common Pleas.

You would contact the Clerk of the court for further information.

(By courtesy of Dennis Piccirillo, American Genealogist who is also part of my Italian Family network of genealogists)