Why Your Immigrant Ancestors Came Here 'Legally'

Learn the truth about your ancestors' immigration and citizenship process.

Years ago when women wore slips beneath their dresses and skirts, other women would tell them—very discreetly—if their slip was showing. They'd try to save the lady any further embarrassment. Well, if you're still bragging "My ancestors came here legally," I must tell you, your slip is showing.

Of course they came here legally. The process was incredibly easy for them. Basically, if your immigrant ancestors were not Asian, senile, or likely to become a public charge, all they had to do was show up. And here's why I say that.

United States Immigration Laws, 1790–1952

Let's look at the immigration laws that likely affected your ancestors. It's a long list, but it probably had zero impact on your immigrant ancestors unless they are most types of Asian.

• 1790. The first U.S. immigration law required you to be a free white person who'd been in the United States for 2 years, and in one state for 1 year.
• 1795. This law required residency of 5 years with a 3-year notice of intention.
• 1798. This law, repealed in 1802, required residency of 14 years with a 5-year notice of intention.
• 1824. This law reduced the waiting period after declaration of intention to 2 years.
• 1882. This law barred Chinese citizens.
• 1891. This law barred polygamists and people with a contagious disease.
• 1903. This law barred anarchists, beggars, and pimps.
• 1917. This law had 2 requirements: (1) do not be Asian (Filipinos and Japanese excluded), and (2) be able to read any single language if you're over age 16.
• 1921. Immigration quotas began. This law capped new immigrants at 3% of the number of their countrymen living in the United States per the 1910 census. For example, if the United States had 100,000 Belgians, only 3,000 people from Belgium (3% of 100,000) could enter per year. This cap did not apply to the Western Hemisphere. There was a total immigration cap of 350,000 people in a year. Asians were still barred.
• 1922. Before this year, women received citizenship through their husband. They didn't need to file for their own naturalization.
• 1924. This law reduced the cap from 3% to 2% of the current population from certain countries (based on 1890 census numbers). It also reduced the total immigration cap to 165,000 people in total. Asians were still barred.
• 1942. This law allowed the immigration of temporary agricultural workers from Mexico.
• 1943. This law once again focused on the Chinese. Chinese people already living in the United States could now apply for naturalization. A total of 105 (one hundred and five) new Chinese immigrants could enter the country.
• 1952. This law ended the exclusion of Asians. It slashed the immigration cap to one sixth of one percent (0.0016666666666667) of each nationality (based on 1920 census numbers). (This is why I have Italian-born cousins who went to Canada.) After 1952 people no longer needed to file a Declaration of Intention.

Before 1906 you could file for citizenship at any court—local, county, state, or federal. Very convenient. And before 27 Sep 1906, declaration of intention forms were as simple as:

• name
• country of birth
• date of application.

After that date they added:

• town of birth
• port and date of arrival
• physical description (plus a photo starting in 1929)
• names of wife and children.

That's not exactly a burden for anyone. The petition for naturalization form also asked for:

• residence and occupation
• prior citizenship
• when they began living here and for how long
• residence of wife and children.

Here's what everything above boils down to for most Americans' immigrant ancestors. Be white, somewhat self-sufficient, and file papers that barely ask any questions. That's all it took to immigrate to the United States legally and become a citizen.

The Immigration Process Today

Before you can apply for citizenship today, you must have "Permanent Resident" status. That means you must be eligible for a Green Card through one of several paths, including:

• being an immediate family member of a United States citizen
• having immigrant worker status which usually requires an excellent job
• being a religious worker, international broadcaster, or a NATO employee
• having asylum or refugee status for at least one year (each of which has its own hurdles to overcome)
• being a human trafficking or crime victim
• being the victim of battery or extreme cruelty
• having lived in the United States continuously since before 1 Jan 1972

If you meet any of those criteria, you may be eligible for Permanent Resident status. If you achieve that, you're ready to begin the citizenship process. To be eligible to apply for United States citizenship today, ALL of the following must be true:

1. You must be at least 18 years old.
2. You must be a Permanent Resident for at least 5 years (or 3–5 years IF you've been married to a citizen for at least the past 3 years AND they've been a citizen for at least the past 3 years AND you haven't been out of the United States for 18 months or more).
3. You must not have been out of the United States for 30 months of more (UNLESS you were serving on board a United States vessel OR you were under contract to the United States government OR you were performing ministerial or priestly functions for a United States-approved religious denomination).
4. You must not have taken a trip outside the United States that lasted a year or more (UNLESS you have an approved "Application to Preserve Residence for Naturalization Purposes").
5. You must have lived in the district or state in which you're applying for citizenship for the last 3 months.
6. You must be able to read, write, and speak basic English (UNLESS you're over 50 and have been a Permanent Resident for at least 20 years OR you're over 55 and have been a Permanent Resident for at least 15 years OR you have a medical disability form signed by a doctor).
7. You must be knowledgeable about the fundamentals of United States history and the form and principles of the United States government (UNLESS you have a medical disability form signed by a doctor).
8. You must be a person of good moral character.
9. You must be a female OR a male registered with the Selective Service OR a male who didn't enter the United States before the age of 26 OR a male with a "Status Information Letter" from Selective Service explaining why you were in the United States between the ages of 18 and 26 but did not register OR a male between 18 and 26 who is in the United States as a lawful non-immigrant.
10. You must never have deserted from the United States Armed Forces.
11. You must be never have received an exemption or discharge from the United States Armed Forces on the grounds that you are an alien.
12. You must be willing to perform either military or civilian service for the United States if required by law.
13. You must be willing to support the Constitution of the United States.
14. You must understand and be willing to take an oath of allegiance to the United States.

If you are eligible for United States citizenship based on the list above, you may now:

• collect the necessary documents to demonstrate your eligibility (these include a copy of your Permanent Resident Card AND payment for the $725 application fee and biometrics fee; this may also include proof of legal name change, marriage certificate, spouse's birth certificate and passport, divorce decree, tax returns, and a whole lot more)
• complete an application for naturalization (this includes 100 questions on American history and government that Americans learned in high school and have likely forgotten)
• have your biometrics taken if applicable (fingerprints, photograph, signature)
• complete an interview
• wait for a decision
• if approved, take the oath of allegiance.

The information about today's citizenship process outlined above comes from the website of the U.S. Citizenship and Immigration Services.

As you can see, the immigration and citizenship process is much tougher today than it was for your ancestors decades or a century or more ago. My immigrant ancestors were not escaping gang warfare, a war-torn nation, or religious persecution. They were leaving a life of poverty to come to a land of opportunity. They had relatives who came before them and were doing well. The relatives they left behind in the old country survived. That's not the case for many of today's immigrants.

It was not an enormous challenge for your 1800s–1900s immigrant ancestor to come to the United States and become a citizen. They made it through a simple process with little or no education. And you have them to thank—your immigrants—for your citizenship. You were merely born where you were born.

You dishonor your immigrant ancestors by saying "my people came here legally". That's why I hate it when people say that like a brag. Of course they came here legally. But how would they fare today?

Find immigration and naturalization documents for your family tree:

• 8 Tips for Researching Your Immigrant Ancestor
• 6 Key Genealogy Facts on a Ship Manifest
• Overlooked Website Finds Immigrant Ancestors
• What to Find on Your Ancestor's Naturalization Papers
• Naturalization Papers Answer Many Genealogy Questions
• Tying Up Loose Ends with Naturalization Papers