Naturalize

Naturalize in United Kingdom

Meaning of Naturalize

The following is an old definition of Naturalize [1]: To make an alien a citizen or as if native-born. Naturalization. The act or proceeding by which an alien becomes a citizen. “The Congress shall have Power . . To establish an uniform Rule of Naturalization.” Before the adoption of the Constitution, each State exercised this right. The provision quoted vests the power exclusively in the Federal government. A State may make a person its own citizen. The orginal status of an alien is presumed to continue until the contrary is shown. Naturalization is strictly a judicial act. The action of the court must be recorded as its judgment; if valid, it is final. In the absence of proof of its loss or destruction, the record can be proved only by itself, or by an extract. Naturalization cannot be proved by parol. The provisions of the Revised Statutes, Title XXX, respecting naturalization, areas follows: ” Sec. 2165. An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: ” First. He shall declare on oath, before a circuit or district court of the United States, or a district or supreme court of the Territories, or a court of record of any of the States having common-law jurisdiction, and a seal and a clerk, two years, at least, prior to his admission, that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of whicli the alien may be at the time a citizen or subject.” ” Second. He shall, at the time of his application to be admitted, declare, on oath, before some one of the courts above specified, that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject: which proceedings shall be recorded by the clerl: of the court.” ” Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five years at least, and within the State or Territory where such court is at the time held, one year at least; and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant shall in no case be allowed to prove his residence.” ” Fourth. In case the alien applying to be admitted to Citizerfship has borne any hereditary title, or been of any of the orders of nobility in the kingdom or state from which he came, he shall. In addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court.” ‘ Fifth. Any alien residing within the United States before January 29, 1795, may be admitted as a citizen on due proof made to any court specified that he has resided two years within the United States, and one year, immediately preceding his application, within the State or Territory where such court is held, and on his declaring on oath that he will support the Con- stitution, and that he renounces allegiance, etc., as particularized in the sections preceding. Sixth. Any ahen who was residing within the United States between June 18, 1798, and June 18, 1812, and who has continued so to reside, may be admitted as a citizen without previous declaration of intention to become such; but whenever any person, without a certificate of such declaration, makes application to be admitted, the court must be satisfied that he was a resident before June 18, 1812, and has continued so to reside; and his residence for five years immediately preceding his application must be proved by the oath of citizens; and such residence shall be set forth, with the names of such citizens, in the record of the court admitting the applicant. The declaration of intention, required by section 2165, may be made before the clerk of any of the courts therein named; and all declarations as heretofore made are as valid as if made before one of said courts. “Sec. 2166. Any alien, of the age of twenty-one years and upward, who has enlisted, or may enlist, in the armies of the United States, either the regular or volunteer forces, and has been, or may be hereafter, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year’s residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proofs of residence and good moral character as are now provided by law, be satisfied by competent proof of such person’s having been honorably discharged from the service of the United States.” ” Sec. 2167. Any alien, being under the age of twenty- one years, who has resided in the United States three years next preceding his arriving at age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty -one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States without having made the declaration required in the first condition of section 2165; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization.” “Sec. 2168. When any alien, who has complied with the first condition specified in section 2163, dies before he is actually naturalized, the Avidow and chil- dren of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.” ” Sec. 2169. The provisions of this title shall apply to aliens [being free white persons, and to aliens] of African nativity and to persons of African descent.” ” Sec. 2170. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States.” ” Sec. 2171. No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; but persons resident within the United States ” June 18, 1812, ” who had before that day made a declaration, according to law, of their intention to become a citizen or who were on that day entitled to become citizens without making such, declaration, may be admitted to become citizens thereof, notwithstanding they were alien enemies at the time and in the manner’ prescribed by the laws heretofore passed on that subject. . ” ” Sec. 2172. The children of persons who have been duly naturalized under any law of the United States, or who, previous to the passing of any law on that subject, by the government of the United States, may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of theii” parents, shall, if dwelling in the United States, be considered as citizens thereof: and the children of persons who now are, or have been, citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens thereof.” “Sec. 2174. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States ; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any jnerchant-vessel of the United States, anything to the contrary in any act of Congress not- withstanding; but such seaman shall, for all purposes of protection as an American citizen, be deemed such, after the filing of his declaration of intention to become such citizen.” See Alien, 1; Chinese; Citizen; Indian

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Notes and References

  1. Concept of Naturalize provided by the Anderson Dictionary of Law (1889)

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