U.S. Naturalization Records for Women

Columbia personified from a World War I poster
by Paul Stahr from Wikipedia

Naturalization records for women are even more complicated than those for men.

While the laws for naturalization did not limit citizenship by sex, women had few reasons to apply for naturalization before 1920 because they could not vote.  Generally, they did not hold property in their own names or appear as "persons" before the law. Only widows or single women would be likely to apply.  And since there were court fees to be paid, and no tangible benefits, few applied.

Prior to 1922, they derived their citizenship status from the status of their husbands. If her husband was alien, she was an alien, even if she had been born and raised in the U.S.!

Here is a timeline of the different laws and acts that effected women's citizenship in the U.S.:

• 1795 - an act (1 Stat. 414 § 1) that provided for the derivative citizenship for minor children . While it doesn't mention women they are included. 
• 1804 -  Widows and children of an alien who dies before filing his final papers are eligible for citizenship. 
• 1855 - An alien female who marries a U.S. citizen is automatically naturalized. 
• This law that linked a woman's citizenship with her husband' s status, was also used to revoke the citizenship of a woman if she married an alien resident even if she had been born and raised in the U.S.!
• The courts disagreed on how to apply this statute and eventually decided that between 1866 and 1907 no woman lost her citizenship by marrying an alien unless she left the country.
• 1867 - The U.S. annexed Alaska. Native Americans are considered citizens of a "separate nations" until 1924.
• 1888 - Native American  women who marry a U.S. citizens are declared citizens of the U.S. 
• Prior to 1906, wives and children may, or may not, be mentioned in the husband's naturalization papers.
• 1906 - The Bureau of Immigration and Naturalization is established, standardizing the forms used and information collected. Women still are subject to derivative citizenship. 
• 1907 - the Supreme Court ruled that women who married alien residents before 1907 did NOT lose their American Citizenship.
• 1907 - The Expatriation Act decided that female U.S citizens who married an alien lost their U.S. Citizenship. A married woman could not legally file for naturalization. This Act was repealed in 1922, but women who lost their citizenship under this act did not have their citizenship restored until 1936. (See later entry.)
• 1916 - Divorced wives and widows of U.S. citizens who are living abroad must register with a U.S. consulate within one year to retain their citizenship.
• 1918 - Women who are married to German citizens have their property confiscated.
• 1920- U.S. women are given the right to vote. Women who had their property confiscated during World War I (see above) can reclaim their property.
• 1922 - The Cable Act (42 Stat. 1022 § 4) establishes citizenship for women 21+ years old. Derivative citizenship is discontinued.
• 1929 - Women who gained citizenship through a husband who was naturalized could obtain a Certificate of Derivative Citizenship.
• 1931 - A woman who married an alien citizen would remain an American citizen unless:
• She renounced her U.S. citizenship in a U.S. court.
• She became a naturalized citizen of another country.
• She took an oath of allegiance to another country.
• She married an alien ineligible  to become a U.S. citizen prior to 1931.
• 1882-1930 - Chinese women were denied entry to the U.S. In 1930, Chinese wives were allowed entry if they had married a U.S. citizen prior to 1924. In 1945, the War Brides Act allowed the wives and children of Chinese American citizens to apply for citizenship. 
• 1936 - Women who lost their citizenship under the 1907 Expatriation Act, could apply for repatriation after the death of or divorce from her alien husband.She could regain her citizenship by taking the Oath of Allegiance.
• 1940 Congress allowed all women who had lost their citizenship between 1907 and 1922 to regain their citizenship regardless of their marital status - they did not have to be widowed or divorced.

Examples:

1. Mary Petras - Marie Komora was born in Czechoslovakia in 1903. She married Victor Petras in 1920. Victor came to the United States in 1922, leaving behind his wife and two small children. He applied for naturalization in 1923 and was granted citizenship in 1927, while his wife and children were still in Czechoslovakia.

Mary Petras and children, Mary and John Petras
around the time of their immigration to the U.S.
Photo courtesy Marijane (Petras) Kubach

Mary and the children sailed to the U.S. in 1928, joining her husband Victor in Cleveland, Ohio. Her status has nothing to do with her husband's, as shown in these excerpts from the 1930 and 1940 census records: 

Excerpt from the 1930 Census for Cleveland Ohio from Ancestry Library Edition.
It shows the family: Victor, Head of the family; Mary, his wife; John, his son; Mary, his daughter.

This tinier excerpt shows their citizenship status:
Victor immigrated in 1922 and he is a naturalized citizen.
Mary came in 1928 and she is an alien.
John & Mary (daughter) both came in 1928
and their citizenship is derived from their father's.

This the an excerpt from the 1940 Census for the family.
Mary's status as an alien hasn't changed.
Oh, and a third child has joined the family, Margaret.
As she was born in the U.S. of a naturalized citizen, Victor Petras, she is a natural citizen.

           But in December of 1939, Mary Komora Petras filed her application for naturalization:

Mary Petras' application for naturalization, dated December 1939.
From Ancestry Library Edition

                 And on April 19th, 1940 she took the Oath of Allegiance:

 But wait! Didn't the 1940 census still list her as an alien? Yes, it did. So what is going on here?  The census was taken on 13 April, six days before Mary took the oath and became an American Citizen. Technically, the census should have listed her status as "pa" for "papers filed."

 2. The two women in the documents below lost their U.S. Citizenship when they married alien residents. They were applying to get their citizenship reinstated or "repatriated" under the 1936 legislation, one because her husband had died and the other because they had divorced.

Oath of Allegiance - Family Search - Film # 007797040 - United States. District Court
(Nebraska  Omaha Division) - from FamilySearch.org

Oath of Allegiance - Family Search - Film # 007797040 - United States. District Court
(Nebraska  Omaha Division) from FamilySearch.org

 3. A single woman petitioning for citizenship in 1921 - shortly after women won the right to vote:

Ohio, Naturalization Petition and Record Books, 1888-1946 for Emma Johnson
from Ancestry Library Edition.
This is her Declaration of Intention.

In the hopes of finding an example of a woman applying for naturalization prior to 1920, I searched the indexes for early records in Lorain County Ohio, 1835-1845, Summit County Ohio 1843-1844 and Medina County Ohio, 1833-1860. I was really excited when Florence Weber appeared in the dockets for Medina County, the declaration of intention appearing in Volume D, page 265 of the docket and the naturalization record in Volume E, page 251:

Apparently, Florence can be a man's name in early 19th century France...

SOURCES:

• The Hidden Half of the Family A Sourcebook for Women's Genealogy by Christina Kassabian Schaefer.
• "Naturalization Records", The National Archives, https://www.archives.gov/research/naturalization/naturalization.html 
• ""Any woman who is now or may hereafter be married..." Women and Naturalization, ca. 1802-1940" The National Archives, http://www.archives.gov/publications/prologue/1998/summer/women-and-naturalization-1.html and part 2 http://www.archives.gov/publications/prologue/1998/summer/women-and-naturalization-2.html  
• They Became Americans Finding Naturalization Records and Ethnic Origins Loretto Dennis Szucs.
• "When Saying "I Do" Meant Giving Up Your U.S. Citizenship" by Meg Hacker, The National Archives https://www.archives.gov/files/publications/prologue/2014/spring/citizenship.pdf