Residency Rules in USA for Naturalization

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Permalink Reply by Annette on August 8, 2009 at 9:36pm

My ggrandfather, Patrick Ready's naturalization record states that he came over in 1862 when he was 15. I was told that since he was under 21 years of age, he could have filed for a declaration of intention and his naturalization at the same time. Is this true/? He was 21 in the 1870 Ohio Federal census, but wasn't naturalized until 1873. I'm wondering why this was the case?

Permalink Reply by Lorine McGinnis Schulze on August 26, 2009 at 12:45pm

Annette, you may be confusing the requirements with the special military expediting of Nat petitions (for a brief time)

An 1862 law allowed honorably discharged Army veterans of any war to petition for naturalization, without having filed a declaration of intent, after only 1 year of residence in the United States.

The wording of the 1862 Act stated that any alien, age 21 or up "...who has enlisted, or may enlist in the armies of the United States...."

It was designed to encourage enlistment during the Civil War. Aliens serving in the US military did not gain
citizenship through service alone.

The naturalization of soldiers was performed under certain provisions of nationality law facilitating the
naturalization of members of the US armed forces. These provisions waived the Declaration of Intention requirement and waived or reduced the residency requirement. Many soldiers filed petitions and were naturalized the same day.

See SPECIAL CASES: Military at
http://naturalizationrecords.com/usa/ for more details