Naturalization Act of 1855

The act of February 10, 1855, was designed to benefit immigrant women. Under that act, "any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen." Thus alien women generally became U.S. citizens by marriage to a U.S. citizen or through an alien husband's naturalization. The only women who did not derive citizenship by marriage under this law were those racially ineligible for naturalization and, since 1917, those women whose marriage to a U.S. citizen occurred suspiciously soon after her arrest for prostitution. The connection between an immigrant woman's nationality and that of her husband convinced many judges that unless the husband of an alien couple became naturalized, the wife could not become a citizen. While one will find some courts that naturalized the wives of aliens, until 1922 the courts generally held that the alien wife of an alien husband could not herself be naturalized. In innumerable cases under the 1855 law, an immigrant woman instantly became a U.S. citizen at the moment a judge's order naturalized her immigrant husband. If her husband naturalized prior to September 27, 1906, the woman may or may not be mentioned on the record which actually granted her citizenship. Her only proof of U.S. citizenship would be a combination of the marriage certificate and her husband's naturalization record. Prior to 1922, this provision applied to women regardless of their place of residence. Thus if a woman's husband left their home abroad to seek work in America, became a naturalized citizen, then sent for her to join him, that woman might enter the United States for the first time listed as a U.S. citizen. (from Prologue)


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