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ERC: Genealogy and Family History: Records
 

Naturalization Records


WOMEN AND  U.S. NATURALIZATION LAW


REPATRIATION ACT OF 1936

After 2 Mar 1907, any woman who was born in the United States and married an alien assumed the nationality of their husband, thus losing her U.S. citizenship. If this woman's husband subsequently became a U.S. citizen, she regained her U.S. citizenship (except if she had married someone whose race made her ineligible for repatriation). However, there were men who couldn't or didn't naturalize for one reason or another, and thus their wives would have to retain the nationality of their husband.

The form shown below was generally used by a woman, born and living in the United States, who had assumed the nationality of her "alien" husband when she married him and lost her own United States citizenship in the process, and who subsequently wanted to gain back her U.S. citizenship back at a later date.
 

"This form is for use under the Act of June 25, 1936, as amended by the Act of July 2, 1940 (Public No. 704--76th Congress), by a woman residing within or under the jurisdiction of the United States, who was a native-born citizen of the United States and who has, or is believed to have, lost United States citizenship solely by reason of marriage prior to September 22, 1922, to an alien, and whose marital status with such alien has terminated, or who has resided continuously in the United States since the  date of such marriage..."
In the ___ Court at ___ Before ___,  J., presiding.
I, (Give full name), was born at (City or town, and State) on (Month, day, and year), and was married (Month, day, and year) to ___ then an alien, a citizen or subject of ___.
I lost,  or believe that I lost, United States citizenship solely by reason of such marriage. My marital status with such alien has not been terminated (or, was terminated on) (State by what means marital status with alien terminated.)
I have resided continuously in the United States since ___.
The following available documents which support the foregoing facts are herewith exhibited by me:
1. Baptism record (not a Jew!)
2. Certificate of marriage
I hereby apply to take the oath of allegiance as prescribed in section 4 of the Act of June 29, 1906 (34 Stat. 596; U. S. C., t. 8, sec. 106), to become repatriated and obtain the rights of a citizen of the United States.
Signature  of applicant
This form ends with the Oath of Allegiance.


Form 2234
U.S. Department of Justice
Immigration and Naturalization Service

"APPLICATION TO TAKE OATH OF ALLEGIANCE TO THE UNITED STATES UNDER THE ACT OF JUNE 25, 1936, AS AMENDED, AND FORM OF SUCH OATH.



MARRIED WOMAN'S ACT (CABLE ACT) OF SEPT. 22, 1922

from INS Reporter, Vol. 26, No. 3 (Winter 1977-1978) pp. 41-46.

"Persons married to United States citizens--The granting of special naturalization benefits to women married to U.S. citizens dates back to the Married Woman's Act of September 22, 1922. (42 Stat. 1021) This followed closely the ratification of the 19th Amendment to the Constitution which gave women the right to vote. The 1922 law, sometimes called the Cable Act, provided that the right of any woman to become a naturalized citizen shall not be denied or abridged because of her sex or because she is married. In addition, it waived the general requirement of a declaration of intention for women married to U.S. citizens and changed the residence period in the U.S. from five to three years. These exemptions have been modified somewhat by various statutory provisions enacted since 1922. The three-year residence limitation was carried into the present law (Sec. 319(a), Immigration and Nationality Act). Under the provisions of Sec. 319(b) of the Act, residence requirements are waived for spouses of certain citizens employed by U.S. Government or American research institutions abroad.

Between 1945 and 1955, a total of 414,480 persons were naturalized under the special exemptions granted to married persons. This represented a third of the total naturalizations in this period. During Fiscal Years 1949 to 1952, these naturalizations exceeded the number naturalized under the general provisions of the naturalization laws. Included were many war brides admitted under the War Brides Act of 1946. Over the next 20 years, from 1956 to 1975, naturalizations under the special exemptions totaled 335,234, an average of 16,761 naturalizations per year. Passage of Public Law 90-369 on June 29, 1968 (note 10) amended Sec. 319 of the Act to provide for the naturalization of the surviving spouse of a U.S. citizen serviceman. To date, 67 persons have been naturalized under this special provision."


War Brides Act of December 28, 1945 (59 Statutes-at-Large 659)

Waived visa requirements and provisions of immigration law excluding physical and mental defectives when they concerned members of the American armed forces who, during World War II, had married nationals of foreign countries.
 

G.I. Fiancees Act of June 29, 1946 (60 Statutes-at-Large 339)

Facilitated the admission to the United States of fiance(e)s of members of the American armed forces.





 


 



 

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