Steve's Genealogy Blog

Friday’s entry completed the story of my grandfather’s immigration and naturalization experiences, but I didn’t post the Certificate of Naturalization of Kostanty Niedzialkowski (clicking on the link above will bring up a PDF file, and clicking on the image below will bring up a JPG file).

So, Kostanty became a citizen of the United States, but what about his wife, Helen?

Through history, the way in which women acquired citizenship in the United States has changed several times.

After passage of the Act of February 10, 1855, an alien woman acquired citizenship simply by marrying a citizen.

The Naturalization Act of 1906 decided that when a man became a citizen, his wife and minor children also became citizens (derivative citizenship).

The Immigration Act of 1907 required that a woman who married an alien or a married woman whose husband became a citizen of another country lost her citizenship in the United States .  This Act did not apply during World War I.

The passage of the Nineteenth Amendment to the Constitution of the United States guaranteeing women the right to vote was passed by Congress on June 4, 1919 and ratified on August 18, 1920 . Â Now, for the first time, women actually had a reason to become a citizen .  Two years after the Nineteenth Amendment was ratified, the Cable Act of 1922 repealed the provisions of the Immigration Act of 1907 whereby women lost their citizenship through marriage .  In addition, a woman no longer automatically became a citizen when her husband did.

Consequently, my grandmother, Helen (Chmielewska) Niedzialkowski, did not acquire derivative naturalization when Kostanty became a citizen .  She had to go through the whole process herself .  I haven’t yet obtained all of her papers, but I do have a copy of the Index Card to the Naturalization Records of Helen Niedzialkowski, which states her Petition Number (46714) and her Alien Registration Number (3179566) .  This information provides me with enough information to order a copy of these documents from the Bureau of U.S. Citizenship and Immigration Services .  I also have a copy of the Certificate of Naturalization of Helen Niedzialkowski (clicking on the link above will bring up a PDF file, and clicking on the image below will bring up a JPG file).

For an interesting article on Immigration and Naturalization Laws affecting women, see “Any woman who is now or may hereafter be married . . .” Women and Naturalization, ca. 1802-1940 in the Summer 1998 issue of Prologue Magazine, a publication of the National Archives and Records Administration.

Finally, here’s a little snippet of information you can toss into the conversation the next time you’re having dinner with a group of genealogists:  Ellis Island was named after a land developer, Samuel Ellis, who bought the island in 1782.

Copyright © 2006 by Stephen J. Danko

Kostanty Niedzialkowski obtained a Certificate of Arrival on April 5, 1935 and filed a new Declaration of Intention on April 27, 1935 .  He had to wait at least three years but no more than seven years before filing a Petition for Naturalization .  He did so on July 18, 1939.

The Petition for Naturalization for Kostanty Niedzialkowski – 1939 included much of the same information contained in his Declaration of Intention with three exceptions:

1. Kostanty was now living at 18 Huntington Avenue, Worcester, Worcester Co., Massachusetts
2. Kostanty renounced allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and particularly the Republic of Poland and the Union of Soviet Socialist Republics
3. Kostanty obtained the affidavits of two witnesses who were already citizens of the United States

The affidavits of witnesses were signed by Walter Meleski who was a bartender, and Alfons Dapkiewicz who was a fireman .  Both resided on Glacier St., Morningdale, Massachusetts .  Walter and Alfons testified that they had known Kostanty since 1920 and that he had resided in Worcester, Worcester Co. continuously since 1920 .  They also testified that he was a person of good moral character and suitable to be admitted as a citizen of the United States.

On March 25, 1940, Kostanty signed his Oath of Allegiance and was granted a Certificate of Citizenship.

His timing was perfect .  In July 1940, the United States began the Alien Registration Program in which all alien residents over the age of fourteen, regardless of nationality or naturalization status, were required to register at the post office.

Copyright © 2006 by Stephen J. Danko

In 1917, my maternal grandfather, Kostanty Niedzialkowski, filed his Declaration of Intention to become a citizen of the United States.

The Declaration of Intention was the first document an alien had to file in order to become a citizen . Â For that reason, the Declaration of Intention is sometimes referred to as “First Papers”, and it states that the signer renounces forever his or her allegiance to any foreign power and that he or she intends to become a citizen of permanently reside in the United States of America.

At the time Kostanty arrived, and at the time he filed his first papers, the following regulations were in effect:

• Applicants could file a Declaration of Intention after residing in the United States for two years
• Applicants had to be at least 18 years of age to file a Declaration of Intention
• Applicants had to wait for three years after filing a Declaration of Intention before filing a Petition for Naturalization
• Applicants were required to complete the naturalization process within seven years of filing a Declaration of Intention
• Applicants must have arrived in the United States legally and this fact was generally acknowledged with a Certificate of Arrival

Konstanty filed his Declaration of Intention in the Superior Court of Massachusetts .  Three copies of the Declaration of Intention were prepared .  The Original was filed with the naturalization court records, the duplicate was filed with the INS Naturalization Certificate Files (C Files), and the triplicate was provided to the applicant .  I have copies of the original copy and the triplicate copy of the Declaration of Intention for Kostanty .  I obtained the original copy of Kostanty’s Declaration of Intention from the microfilm records at the Family History Library, and I obtained the triplicate copy from my cousin Susan, who has access to some of my grandfather’s original papers .  I can obtain the duplicate copy as part of the Certificate File from the U.S. Citizenship and Immigration Services under the Freedom of Information Act.

The information Kostanty provided in his declaration included:

• He was 24 years old and unmarried when he filed on June 2, 1917
• He was working as a machinist and the first three fingers of his right hand were injured
• He was white, light complexioned, 5 feet 9 inches tall, 175 pounds, with light hair and blue eyes
• He was born in Pomawski, Poland, Russia on October 28, 1892 and his last residence was Pomawski, Russia
• At the time of filling, he was living at 39 Seymour Street in Worcester, Massachusetts
• He emigrated from Rotterdam, Holland on the vessel The Ryndam and arrived at the port of New York on May 24, 1910
• He renounced allegiance and fidelity to the present government of Russia

Information of immigration and naturalization can also be found in U.S. Federal Census Records .  The 1890 United States Federal Census was the first census to ask about the naturalization status of the respondents .  If an individual was born in the United States, no entry was made .  If the individual was an alien, the letters “AL” were entered .  If the person had filed a Declaration of Intention, the letters “PA” (papers) were entered .  Finally, if the person had completed the naturalization process, the letters “NA” were entered .  The 1890 Federal Census was mostly destroyed by fire, but the 1900, 1910, 1920, and 1930 Federal Census records all provide information about the naturalization status of an immigrant.

Tomorrow:  Konstanty obtains a Certificate of Arrival and files a second Declaration of Intention

Copyright © 2006 by Stephen J. Danko