Adjustment of status-Continued sec. 245, 1952 Act-Continued application pending on 12/1/65, effective date of amendment of sec. 245 by P.L. 89-236; effect; 11-419 approval nonquota VP does not preclude disc. denial sec. 245 relief based on doubtful bona fides of marriage; 10-688 authority of BIA to review Reg. Commr's. action; 9-11 bona fide nonimmigrant at time of admission, question of; 8-485, 621, 636, 655, 630 bona fides of alien in securing visa; as factor; 10-516, 774 burden on alien to establish favorable action merited; 9-38 certification (Labor); necessity of where alien employed in U.S. full time for 4 years; 11-756 certification (Labor); necessity to determine exemption from presentation of where alien is ineligible for relief as matter of discretion; 11-796 chargeability to quota area of adoptive father; 11-371 chargeability to quota area of permanent resident alien spouse; 8-369 circumvention of normal immigrant visa issuing process; 11-167 consistent and deliberate immigration violations, effect; 8-636 discretionary denial; 9-38, 50, 249; 10-168, 177, 494, 516, 628, 688, 767; 11-317, 720, 796 effect on preexisting ground of deportability; 9--548 effect on preexisting ground of excludability; 9-548 eligibility thru grant of "defector" status, sec. 212(a) (28) (I) (ii); 8-302 eligibility thru "nonquota" classification; sec. 25(a), Act of Sept. 26, 1961; 11-710 eligibility thru sec .203(a) (7) refugee classification; see Quota preference: Act of 1952, as amended by P.L. 89-236: sec. 203 (a) (7) eligibility thru waivers of excludability; 8-285, 302 exchange visitor; 5-229; 11-708 exchange visitor, alien spouse of; 11-893 exchange visitor who entered U.S. prior to June 4, 1956; 11-919 exclusion order as eligibility bar when alien inspected and paroled; 9-265 failure to apply for visa while outside U.S., effect; 8-655 failure to prove no intent to avoid normal immigrant visa-issuing process; 10-494 filing of application, effect upon existing deportability; 5-622 good moral character requirement; 7-651; 8-65, 234; 10-168 "inspected and admitted"; question of; 9-50, 54, 478, 599; 11-351, 706, 712 misrepresentation, mere making of to U.S. consul in obtaining visa is important element for consideration; 10-790 native of British Guiana; 11-419 native of British Honduras; 10-40; 11-768 native of Honduras; 11-419 Adjustment of status-Continued sec. 245, 1952 Act-Continued native of Western Hemisphere; application pending 12/1/65, effective date of amendment of sec. 245 by P.L. 89-236; ineligible; 11-419 nonquota alien, prior residence, computation of period; 5-330 nonquota alien, sec. 2, Act of Oct. 24, 1962; changed employment between date of filing & final adjudication application; effect; 10-701 nonquota alien child (sec. 101 (a) (27) (C), 1952 Act), regarded as quota immigrant under sec. 202(a)(1); 5-750 nunc pro tunc; question of; 10-187 renewal or reconsideration under regulations effective 1/22/62 (26 F.R. 12111) of previously adjudicated application; question of; 9-581 rescission of; see Rescission of adjustment of status sec. 248, 1952 Act; see Status: nonimmigrant, change of, sec. 248 sec. 249, 1952 Act: application pending Aug. 8, 1958; amended statute applicable; 8-167 discretionary denial; 11-565 entry prior to July 1, 1924; effect on date of created record of admission; 8-601 good moral character; factors in determining; 8-167; 11-565 good moral character; question of; 11-805 grounds of deportability; effect on; 8-601 grounds of inadmissibility, effect on; 8-288 narcotics violator; ineligibility; 9-103 procedure for challenging adjustment under; 7-363 record of lawful admission exists but vitiated by subsequent illegal entry; 8-598 record of lawful admission "otherwise available", question of; 9-747; 10-3; 11-351 record of unlawful entry; 8-288 renewal or reconsideration of application under regulations effective 1/22/62 (26 FR 12110); 9-715 rescission of; see Rescission of adjustment of status residence, continuous: agricultural worker, temporary absence every 3 years upon expiration of work contract; 11-878 departure as result of exclusion or expulsion 4-year absence; effect; 11-34 temporary admissions as crewman over period of years, as establishing; 8-463; 11-849 voluntary departure pursuant to deportation proceedings; effect; 11-38 Administrative decision, whether res judicata; 3-577; 5-392, 400 Administrative decisions, guidance on questions of law by court decisions; 2-658, 849 Administrative Procedure Act: hearings in exclusion proceedings, effect on; see Exclusion hearings in expulsion proceedings, effect on; see Deportation Service hearings prior to Sung decision invalid only where objections were raised; 5-752 standards of fairness met by sec. 242(b), 1952 Act; 5-261 Admissibility under immigration laws (see also Exclusion): arrival governing determination of; seaman, involuntary return of, following arrival and exclusion (8 CFR 175.53); 7—1 compliance with laws at time of application for admission; 2-172 determination of; not within scope of visa peti tion procedure; 8-295 effect of legislation enacted while alien on parole; 9-170 effect, where alien is under indictment; 2-172 Admission: application for, abandonment; when alien enters while case pending before board of special inquiry; 3-178 right to remain in U.S. following; determined in dep. proc.; 9-78 when an admission occurs; 9-78 Admission for permanent residence; see Lawful admission to the United States for permanent residence Admission of commission of crime; see Crime, admission of commission Admission to continental United States, Japanese or Koreans who entered Hawaii with laborers' passports; 3-565 Admission under 1924 Act, sec. 14; child admitted temporarily when under 16 who has citizen parent; 3-815 Adopted child; see Child: adopted Adoption: Bahamas; 6-760 British Guiana; 9-248 California; 3-743 China; 3-608; 10-597; 11-151, 219 effect on relationship to natural parents under immigration laws; 9-46, 116 Germany, in, by proxy; recognized in Texas, principle of comity; 6-634 in loco parentis; not equivalent of adoption; 11-219 Italy, "affiliation" as equivalent of adoption; 6-270 Netherlands Antilles; 9-521 Portugal; 9-242 proceedings for, in office of foreign consul in U.S.; 5-733 validty of, evidence; 3-608 Adultery (see also Good moral character: adultery): admission of commission, without conviction, not basis for exclusion or deportation; 3-168 moral turpitude; see Crimes involving moral turpitude Affiliation, subversive ground of exclusion or deportation; see Subversive Afghan, racial eligibility to citizenship; 2-253 admissibility although previously deported and not granted consent to reapply for admission; 1-624 classification, immigrant or nonimmigrant; 6-491 ineligible for change of nonimmigrant status under sec. 248; 8-419 permission to reapply (8 CFR 214k.7); effect on future entries; 10-231, 613 remained longer; deportable sec. 241(a)(2); 10-380 suspension of deportation, when granted; 2-692, 751 Air carrier: applicability of fine under sec. 16, 1924 Act; 3-476 regulations by Attorney General relating to immigration laws, 8 CFR 116; 3-260 Air Commerce Act of 1926, secs. 7(d)(3), 11(b); 3-476 Aircraft, passenger manifest, 1917 Act, sec. 14, 8 CFR 116.8(b); 3-259 Alien coming to perform temporary services: "governess, mother's helper"; 10-654 professional Japanese female wrestlers, as a night club entertainment act; availability, question of; 11-427 Alien contract laborer; excludability; see Exclusion grounds: contract labor Alien of distingished merit and ability: actor, internationally known; to be panelist on TV show; 11-462 actors; not acclaimed by recognized theatrical experts; 11-534 actors; services to be performed do not exact requisite ability; 11-534 advisory opinion unnecessary; 11--462 change of nonimmigrant status; see Status: nonimmigrant, change of, sec. 248 classification as (H) (i) may not be substituted for 1st pref. classification to overcome oversubscribed quota; 10-715 entertainers; not acknowledged as eminent by recognized critics; 11-65 intern; 8 460 pathologist; 11-896 research associate; to establish course material for new program; 10-642 scholar; to teach special seminars, and do research, in mathematics; 10-640 singer-performer; had one "top hit" in Great Britain; 11-277 Alien registration: evidence from alien registration form, admissibility, dep. proc.; 4-475; 5-175 false statement under oath to U.S. vice consul; 1-16 false statements in connection with 1940 Act, sec. 36(c); 2-353, 820 Alienage: citizenship claimant, admits birth abroad; 7-332 court dismissed sec. 503, 1940 Act, suit without entry final order; effect; 7-244 former naturalized person, "relation back" doctrine; 3-275; 4-373, 702; 5-405 Alienage-Continued former naturalized person, applicability of “re- proof: admission by attorney; 5-175 arrival record; 6-415 Immigration visa; 3-20 marriage certificate; 6-415 refusal to testify, effect; 6-415 Amendment of record of entry to show admission for American Indians born in Canada: definition "Canadian Indians," Act Apr. 2, deportability and excludability; 1-600; 3-300 effect of forfeiture of political status as Indians ethnological test under Act of Apr. 2, 1928; 3—191; half-Indian blood, those of, not entitled to bene- fits, Act Apr. 2, 1928; 4-458 syphilis at time of entry, afflicted with, deport- ability; 1-600 American merchant vessel on high seas, birth on, acquisition of citizenship; 3-677 American Samoa, Swain's Island: noncitizen nationality of natives or inhabitants; sec. 308(1), 1952 Act, retroactive; 5-144 status of natives' children born abroad; 5-380 foreign marriage, by court in United States: New York, effect on nonquota status at time Pennsylvania; 2-354 Washington, D.C., effect on nonquota status foreign marriage, by courts in foreign countries: Germany; effect on subsequent marriage Appeal: absence of specified reasons for; 11-678 body's right to consider: 1-321 mental or physical condition not presently denial of application for voluntary departure, when not appealable; 4-680 Appeal-Continued hearing officer's findings, from-Continued time limitation; 5-295, 520 absence of warrant proceeding, in; on motion; BIA's jurisdiction (8 CFR 90.3, 142.2); 3-704 motion to reconsider or reopen; BIA's jurisdic-- summary dismissal; 11-417, 678 Approval of school for nonimmigrant students: facilities do not satisfy local fire and safety re- noncompliance with certification requirement of Armed Forces of United States: "Honorableness" of discharge when dishonorable Arriving from foreign, 1924 Act, sec. 20; 3-876 Assault (also assault and battery); see Crimes in- Assumed name, obtaining visa under, deportation moral turpitude involved where crime attempted Australia, Children's Welfare Act and Children's Austria-Hungary, portion which later became Austrian citizenship, reacquisition; 1—432 B Bad checks (France); 3—278 Barred zone, 1917 Act, sec. 3; 1—174 Bastardy; see Crimes involving moral turpitude Bigamy; see Crimes involving moral turpitude Birth certificate, upon decree of court, evidentiary Birth in United States: birth on American merchant vessel on high seas, not tantamount to; 3-677 passport as proof; 3-680 Blood tests: as evidence of relationship; 5-149, 232, 351; racial discrimination as affecting due process; Board of Immigration Appeals (see also Appeal): summary dismissal; 11-417 constitutionality of statutes, power to review; custody, questions relating to: release pending determination of appeal; jurisdiction: after alien's departure; 6-159 application for change of nonimmigrant certification to Board for review: scope of power; 6--388 citizenship claim, to review, exclusion proceed- denaturalization judgment void on its face, denial of excluded alien's release from custody; determination in dep. proc. of alien's eligibility for 6th pref. status in conjunction sec. 245 order of deportation; withdrawal of; 10-309 voluntary departure, the setting of terms and motions to reopen: after alien's departure; 6-159 denial by hearing officer; no exceptions taken Board of special inquiry; see Exclusion breach for failure to surrender: demand to surrender made impossible by Bond, delivery-Continued breach for failure to surrender-Continued surrender; 4-34 responsibility of indemnitor of surety, sec. 20, 1917 Act; 3-862 Bond, maintenance of status & depature; DD constructive possession; 3-136 inadvertently issued to alien pursuant to adjust- lieu document for visa; 3-312 nonresident alien; frequent crosser for short resident's card invalid when holder not em- Breaking and entering (see also Crimes involving Canada: evidence as to permanency of taking; 2-319, 503, 887 intent to commit indictable offense; 2-686 intent to commit crime; 2-721 per se, crime does not involve moral turpitude; Breaking prison: N.J., by force or fraud; 2-871 Penna.; and escaping; 2-874 Buggery; see Crimes involving moral turpitude citizenship, deportation proceedings; 7-332; citizenship, exclusion proceedings; 3-141, 680 deportation proceedings; 1-68; 3-444; 6-415; deportation proceedings, sec. 241(a)(6), 1952 deportation proceedings, sec. 241 (c), 1952 Act; eligibility for discretionary relief; 7-582, 697 proscribed character of organization; 3-736 Burglar's tools, possession; see Crimes involving Burglary; see Crimes involving moral turpitude C Canadian citizenship, loss under Canadian Natura- Canadian Indians; see American Indians born in Canadian narcotics statute; criminal, not merely Canadian national, defined, Canadian Nationals British subjects not necessarily nationals of Canadian nationality Continued minor, acquisition by; 1-25, 329, 476, 596, 685 Canadian Officer's Training Corps: armed forces of foreign state, not; 1940 Act, sec. Canadian armed forces, not part; 2-457 Canadian University Air Training Corps, not part Cancellation of naturalization (see Alienage; Certificate of citizenship: birth abroad 1925, citizen mother and alien birth Philippines 1896, Spanish parents born in blood test to prove relationship, sec. 341, 1952 ineligible for, sec. 341, 1952 Act, on basis of re- Certification by Sec. of Labor; sec. 212(a)(14), adopted (see also Adoption): Act of Dec. 28, 1945; validity of adoption; Belgium, in; solely by wife under maiden name bona fide family unit alone does not meet re- Japan, in; by adoptive mother (wife of U.S. legal custody and/or residence requirements; Netherlands Antilles; by agreement of adop- Virgin Islands; 11-691 birth on American merchant vessel on high seas, citizenship: acquisition at birth abroad; see Citizenship- Child Continued citizenship-Continued birth in 1917 (out of wedlock), mother native sumptive fraud, 1906 Act; 5-218, 517; effect derivation after birth by child born abroad; custody, conflict of state laws; 3-845 abandonment, notwithstanding 2 legal par- adoption by divorced aunt; 8-628 limitation of two to family; 9-542, 750; 10-761; only one parent; question of; 8-628 with; 10-691 requirements, noncompliance proper care; question of; 10-624, 691; 11-302 status sought by virtue of relationship to nat- legitimated (see also Legitimation): California; state court judgment of legitima- France; acknowledgment by U.S. citizen over 18 at time of legitimation; 11–132 nonquota immigrant; see Nonquota immigrant adopted by U.S. citizen's wife while single; born out of wedlock, in relation to father; born out of wedlock, in relation to mother; marriage creating relationship terminated; over 18 yrs. age at time of formal marriage over 21 years of age; 5-512 |