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Naturalizations

The Naturalization Act of 1802 established the three-part naturalization process which remains in effect today. Aliens must declare their intention to become a citizen, observe a required residence period, and then petition an authorized court for admission to citizenship. In character, this process is both judicial (occurring before and by order of a court) and administrative (being under the supervision of the U.S. Immigration and Naturalization Service of the Department of Justice).

Initially, the alien files a Declaration of Intention with an authorized court, indicating his or her intention to become a citizen, to renounce all allegiance to any foreign state, and to renounce any foreign title or order of nobility. Then, at least two years after making this declaration (but, after 1906, no more than seven years later), an alien who has been a resident of the United States for at least five years may petition the court for admission to citizenship (since 1941, the requirements to file a Declaration of Intention has been abolished and the residency record shortened for the spouses of citizens). This Petition includes both the applicant’s oath and the affidavits of two witnesses who attest to the residency and good character of the petitioner. Finally, if the petition is accepted, the court issues an order admitting the individual to citizenship.


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