Genealogists frequently consult court records when researching their family trees. Genealogists who discover immigrant ancestors often turn to naturalization documents in search of them – especially female ancestors! Unfortunately, it’s not quite that straightforward. Between the end of the 18th and beginning of 19th century interpretation of law changed substantially and marriage status became interwoven with citizenship status of women ancestors.
Download and print this Women’s Naturalization Timeline to keep track of which laws were passed when, and locate all your records quickly and efficiently.
Below are key dates in U.S. naturalization legislation which have had an immediate effect on women, making their research of immigrant female ancestors easier and highlighting potential changes to what information will be needed when applying for citizenship.
March 26 1790 A U.S. Nationality Law was passed limiting citizenship to “free white persons”, without any specific mention of restrictions by race or sex.
Courts begin making distinctions for women when applying naturalization law; marital status plays a large part in determining their citizenship status.
Non-citizen women could become citizens through marriage to either an American citizen, or through the naturalization of an non-citizen husband.
Under the Expatriation Act of 1907, citizenship of U.S.-born women who marry non-citizens without leaving the country may be forfeited through marriage to them – regardless if it leads to separation.
On June 4, 1919, the 19th Amendment is adopted, giving women the right to vote and freeing them from being tied directly to their husband’s citizenship status or political identity.
On May 21, 1919 and in the Senate two weeks later, respectively, the 19th amendment is adopted into law as Amendment 18. On August 18, 1920 it officially took effect.
On September 22, 1922, the Cable Act, also known as the Married Woman’s Act, repealed the Expatriation Act with one notable exception: female American citizens who married non-citizens of Asian descent could still lose their citizenship status.
Women who lost their citizenship prior to 1922 and later regain it through an oath of allegiance may regain it by applying, provided their marriage ended either through death or divorce.
On July 2, 1940, Congress issued an omnibus law to reinstate citizenship to any woman who lost it through marriage between 1907 and 1922, regardless of marital status.
For an in-depth overview of how U.S. naturalization laws impact women, read “Any Woman who Is Married and Planning on Naturalization, 1802-1940 by National Archives.”
