Naturalization Act of 1802


The Naturalization Act of 1802 was passed by the United States Congress to amend the residency and notice periods of the previous Naturalization [Act of 1798]. It restored the less prohibitive provisions of the Naturalization Act of 1795, namely reducing the required residency period for aliens to become eligible to be naturalized Citizenship of [the United States|citizens] of the United States, from 14 years to 5, and cutting the United States [nationality law|Declaration of Intention] minimum notice time from 5 years to 3. The 1802 Act replaced the Naturalization Act of 1798, and provided:
  • The "free white person" requirement remained in place
  • The alien had to declare, at least three years in advance, his intent to become a U.S. citizen.
  • The previous 14-year residency requirement was reduced to 5 years.
  • Resident children of naturalized citizens were to be considered citizens
  • Children born abroad of U.S. citizens were to be considered citizens
  • Former British soldiers during the "late war" were barred unless the state legislature made an exception for them