Immigration and Nationality Act (INA)
Legislative History of Naturalization Before applying for naturalization, most immigrants must have spent 5 years as a permanent resident in the United States . How did we come up with the "5-year rule"? The answer is found in the legislative history of immigration to the U.S. Naturalization requirements are set out in the Immigration and Nationality Act (INA) , the basic body of immigration law. Before the INA was created in 1952, a variety of statutes governed immigration law. Let's take a look at the major changes to naturalization requirements. Before the Act of March 26, 1790 , naturalization was under the control of the individual states. This first federal activity established a uniform rule for naturalization by setting the residence requirement at 2 years. The Act of January 29, 1795 , repealed the 1790 act and raised the residency requirement to 5 years. It also required, for the first time, a declaration of intention to seek citizenship at least 3 years...