Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
But the foreign-born woman, if married, is subject to a substantial
limitation. She has citizenship only if her husband has it; she
derives it, not by virtue of any act or wish or character of her own,
but by strict inference from that of her husband. However much she
may desire to become an American citizen, she cannot do so unless
her husband chooses to become one; however desirable in her own
right or fitness, the unfitness of her husband, or his rejection for
any other reason, _ipso facto_ excludes _her_. And, _per contra_,
however much she might desire to remain a subject or citizen of
the country of her birth or former residence, the naturalization of
her husband, with or without her consent, even with or without her
knowledge, _ipso facto_ inflicts American citizenship upon her. True,
this is technically subject to the provision of the law requiring
that she must herself be eligible for citizenship; but, as has been
stated elsewhere in this volume,[149] there is disagreement among
the authorities as to whether this proviso was intended by Congress
to apply only to women of those Oriental races, which are ineligible
_per se_, or is applicable generally to the individual woman; also,
there has been some attempt to hold that the wife is not naturalized
by the naturalization of her husband if she continues to reside in
the old country. Some judges will not naturalize a man if his wife
remains abroad. Generally speaking, however, the construction is
that the wife, whoever and wherever she may be, comes into American
citizenship willy-nilly with the acceptance of her husband.
More than that, a woman born and residing in another country becomes
an American citizen by her marriage with one; the clergyman, or other
official, who pronounces them man and wife attests also an automatic
and instantaneous change of jurisdiction and allegiance. It works
equally the other way about--an American woman, marrying an alien
in this country, in the house in which she was born and has lived
for twenty years, forthwith, and regardless of any wish of hers in
the matter, becomes _instanter_ in the eyes of American law--and
generally of international law as well--a citizen or subject of
the sovereignty to which her alien husband owes allegiance. It is
conceivable, as is elsewhere remarked, that her act in marrying an
alien might deprive her of any citizenship at all, since no country
can actually confer upon any person citizenship in another. This,
however, is academic, since practically everywhere it is fundamental
in the law that a married woman’s citizenship goes with that of her
husband.
REGARDLESS OF QUALIFICATIONS
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