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Puerto Rico:

foreign country, for entry purposes to mainland,
1917 Act; 3-632

native (born 1895 to alien parents); eligibility
for naturalization under sec. 322, Nat. Act of
1940; 4-29

Spanish parents born in; child born in Philip-
pines in 1896; citizenship status; 3-286

Q

Quota Act of 1921, as amended; exemption 9
(returning residents); 3-815

Quota nationality:

adopted child (sec. 101(b)(1) (E), 1952 Act),
chargeable to quota adoptive parent; 11-371
change of sovereignty not effective until issuance
of Presidential proclamation authorizing
quota revision; 3-712

nonquota alien child (sec. 101(a)(27)(C), 1952
Act); charged against quota of accompanying
parents to obtain benefits under sec. 245;
5-750

sec. 12, Act of 1924, accompanying wife or child:
infant's quota nationality assimilated to that of
father who arrived one month earlier; 1-93
wife and child, quota nationality assimilated
to that of husband/father who was excluded
under 8 CFR 175.57; 3-613

Quota preference:

Act of 1924:

child of skilled agriculturist arriving in U.S.
to join him after he abandoned his vocation;
sec. 6(a)(1) (B), 1924 Act; 3-798

Chinese persons, spouses or parents of U.S.
citizens; secs. 4(a) and 6(a)(1)(A), 1924
Act; 4-552

East Indian race, alien of; 4-187

child, illegitimate; legitimation by proxy mar-
riage of parents in Italy; 5-698

Act of 1952 (see also Act of 1952, as amended by
P.L. 89-236, under this mainline title):

sec. 203(a,(1):

accordion maker; 11-128

actress, not previously employed as such;
5-454

arc welder; 8-595

artist; 10-753

automotive equipment, maintenance and
repair of; 7-290

baker, of hearth-baked breads; 11-255

baker, supervision of specialty bakery; 7-283
beauty operator; 10-626

beneficiary sole owner of petitioning corpora-
tion; 8-24

beneficiary will not be in actual employ of
petitioning organization; 11-25

broommaker; 7-637

cabinetmaker; 7-93; 10-794

cantor; 10-317

cattle ranch hand (herdsman); 10-663
dentist; 11-25

domestic workers, without special skills;
7-292

electrical draftsman; 7-688

employment, limitation on period; 7-632,
634

employment, permanence not certain; 5-454

Quota preference Continued
Act of 1952-Continued

sec. 203 (a)(1)—Continued
entertainer; mbr. of singing & acting comedy
troupe; 10-699

export manager; 5-434

farmhand, experienced; 5-341

farm machinery operation and maintenance;
5-321

gardener, shearing and care of ornamental
trees; 5-529

hair stylist; 7-640

intern; 8-190

judo instructor; 11-293

librarian (catalogue), assistant; 11-282
masseuse; 11-9

mechanical engineer; 7-632

nurse, licensed in England; 7-430
orchardist, supervisory; 7-721
orthopedic shoemaker; 9-467
sample stitcher; 10-764

spouse; marriage occurred after entry of prin-
cipal alien; 7-731

spouse; principal alien granted interlocu-
tory divorce decree; 11-148

spouse of principal alien arrived six weeks
later; 5-722

State and municipal occupational license or
permit requirements, effect; 7-430

statutory standards:

beneficial to welfare & cultural interests

of U.S.; 11-293

combination of, as establishing eligibility;

7-286

exceptional ability; 5-454; 10-699

high education; 7-287

other considerations as denial basis, stat-

utory requirements met; 7-632

qualification under any one, adequacy;
7-277

services, need in or benefit to U.S., as

qualifying; 7-292

skill, degree required; 7-283

specialized experience; 7-93, 277, 283
urgent need; 7-637; 8-595; 9-467;
10-317; 626, 753; 11-67, 123
stewardess, flight; 7-634

tailor; 7-206, 277, 423; 8-509; 9-299; 11-71
teacher, no previous teaching experience;
7-37

teacher of religious subjects; 7-286

weaver (reweaver), woolen mill; 5-527
sec. 203 (a) (2):

adopted child; foreign court waiver of resi-
dence requirement, effect; 8-633
adopted son or daughter; eligibility; 8-527
mother, marriage by religious ceremony but
not civil ceremony (Italy); 7-492
natural parent of adult citizen adopted dur-
ing infancy but who did not enter U.S.
as adopted child; 11-55

natural parents of adult citizen child
adopted in conformity sec. 101(b)(1) (E);
eligibility; 9-567

natural parents of adult citizen child
adopted in U.S. after age 14; eligibility;
9-46 parent of minor U.S. citizen; 11-42
stepmother, through marriage to the natural
father of an illegitimate child; 11-449

Act of 1952-Continued

sec. 203 (a) (2)-Continued

stepparent; marriage creating relationship
occurred when petr./stepdaughter 28 years
old; 10-555

sec. 203(a)(3):

adopted child; 5-556

adopted son or daughter, eligibility; 8-527
approved petition lapsed when beneficiary-
child attained age 21; revalidation under
Act of 9/22/59; 9--92, 471

child adopted in conformity sec. 101(b)
(1) (E); eligibility benefits from natural
parent; 9-116

child of national (but not citizen) of U.S.;
6-555

spouse, marriage in U.S. by Japanese
custom; 7-354

spouse, proxy marriage; 5-698

stepson; marriage creating relationship
terminated; 10-363

"unmarried"; question of; 11-551

sec. 203(a) (4):

adopted son; validity of adoption proceeding
in office of foreign consul in U.S.; 5-733
adopted son or daughter; eligibility; 5-438:
8-527

brother of citizen, both born out of wedlock,
legitimated after reaching majority; 6-617
brother through adoption; 6-180; 10-497
death of resident alien parent before issuance
of visa; 6-321

half-brother; 6-325

half-brother born out of wedlock; 5-610
half-brother born to common father and
his Chinese concubine; eligibility; 9-396
half-sister of citizen, born out of wedlock,

legitimated after reaching majority; 7-441
"sister" of citizen, both born out of wedlock;
6-210, 786

son; proxy adoption; 6-634
stepdaughter, adult; 5-512

stepdaughter, adult, married; 8-592
Act of 1952, as amended by P.L. 89-236:
sec. 203(a)(3):

auto mechanic technician; 11-654
beneficiary currently employed in non-
professional occupation; 11-643, 881
beneficiary presently precluded by State
requirement from engaging in his pro-
fession; 11-904
biochemist; 11-777

biological sciences, professional occupa-
tions in; 11-777

biologist; 11-643

business administration, occupations in;
11-881

chemist, organic; 11-800

chiropractor; 11-898

dietitian; 11-869

dress designer and milliner; 11-657

economist; 11-845

economist, financial, 11-686

entomologist; 11-843

"exceptional ability", defined; 11--657

"exceptional ability" in the arts, person
of; 11-909

Act of 1952 as amended by P.L. 89-236-Con.
sec, 203 (a) (3)—Continued

geneticist; 11-694
lawyer; 11-904

lecturer; 11-909

librarian; 11-847

librarian, law; 11-779
mathematician; 11-876

mechanical engineer; 11-751, 802
medical technologist; 11-660
minister of religion; 11-697
organic chemist; 11-800
physicist; 11-652

"profession"; defined; 11-686

professional status; combination education

and experience, as constituting; 11-800
teacher; 11-672, 860

veterinarian; 11-867

zoologist; 11-715

sec. 203 (a) (6):

intent to employ; question of; 11-817
orthopedic shoemaker; 11-817

sec. 203(a) (7):

alien crewman refugee in U.S.; 11-639,
746, 749

alien who entered U.S. upon false claim
to citizenship; 11-798

authority, sole, to determine classification

under; 11-749

physical presence in U.S., period of:

less than 2 years; 11-746

term "prior to application for adjustment";
construed; 11-785

refugee from cuba in U.S.; 11-518

transfer to nonquota status; see Nonquota im-
migrant: secs. 4 and 6, Act of Sept. 22, 1959

R

Race; child born abroad while mother (a lawful
permanent resident) was temporarily absent
from U.S., admissible notwithstanding; 3—215,
262

Racial eligibility to citizenship; see Ineligibility to
citizenship

Racial test, not applicable to collective naturaliza.
tion through annexation of territory; 3-733
Rape; see Crimes involving moral turpitude
Readmission of returning resident alien; see
Returning lawful permament resident alien
Receiving stolen property; see Crimes involving
moral turpitude

Recommendation against deportation:
challenge of propriety of; 9-678

crime for which alien was not convicted but
which was "part and parcel of the same
pattern", effect of recommendation; 3-623
effect upon excludability; 9-121
evidence exclusive of conviction record sufficient
to sustain ground of deportation; 3-468
exclusion will not be based on crime as to which
court previously made timely recommendation
against deportation; 3-236

limitation of, sec. 241(b), 1952 Act; 6-823; 11-530
made following retrial & resentencing; effect;
8-389; 9-293, 613

narcotics offense; recommendation made before
1952 Act; 5-343; 6-505, 579, 709; 8-94

Recommendation against deportation-Con.
narcotics offense; recommendation made before
1952 Act; effect in exclusion proceedings:
6-709

notice to Service, prior; sec. 241(b), 1952 Act;
6-426; 8-689

smuggling aliens for gain (sec. 241 (a) (13)); in-
effective to defeat; 11-529

timeliness; sec. 241(b), 1952 Act; 5-531; 7-227;
8-389, 686, 689; 9-293, 613

timeliness (sec. 241(b), 1952 Act); challenge of:
9-678

Record of entry, amendment or correction; see
Entry record, amendment or creation, to show
admission for permanent residence

Reentry permit:

admission as servant of foreign government
official in 1919; not entitled to; 3-638
application for; sec. 223, 1952 Act:

abandonment of residence; question of; 11-261
illegal entrant; 10-661

submitted after departure from U.S.; 10-649
temporary departure; question of; 10-669
equivalent to nonquota immigrant visa under
sec. 405(a), 1952 Act; 5-183

evidentiary value in establishing that alien's
absence was temporary; 4-143

forgery in application for; sec. 22(a), 1924 Act;
18 U.S.C. 138; 3-126

inadvertently issued to alien not qualified to
receive; right to enter on basis of; 4-189
issuance to alien not domiciled in U.S.; 3-519
oath to application; authority of State notarial
officer to administer; 1-666

Refugee, classification as; sec. 203 (a)(7), 1952 Act,
as amended; see Quota preference: Act of 1952
as amended by P.L. 89-236: sec. 203(a) (7)
Refugee of German ethnic origin; sec. 12, D.P.
Act of 1948; 3-838

Regulations of Service, have force of law; 1—636;
3-716, 828

Relation back doctrine; applications:

annulment of marriage, New York; 3-25, 102
revocation of naturalization; 3-275; 4-373, 702;
5-678, 759

Religious denomination (sec. 101(a) (27) (F), 1952
Act):

Salesian Society, Catholic Church; 5-700
Salvation Army; 5-173

Vedic Society of America, Inc., 10-758
Remained longer; see Deportation grounds:
remained longer

Remained outside United States to evade military

service; see Citizenship-loss: evading service in
armed forces, departing U.S. or remaining out
Removal, application for; sec. 250, 1952 Act:

need of public aid, in; 11–136

Renunciation of United States citizenship; see
Citizenship-loss

Repatriation by person who lost United States
citizenship; see Naturalization: repatriation
Rescission of adjustment of status; sec. 246, 1952
Act:

burden of proof; 8-96; 10-536; 11-808
evidence; 11-585

examination facts to determine good moral
character at time of grant not estopped by
dismissal pertinent counts in criminal pro-
ceedings; 11-805

Rescission of adjustment of status-Continued
time limitation, sec. 246; does not bar subsequent
exclusion or deportation proceedings; 9-548
timeliness; question of; 8-96

Residence:

abandonment of, question of; 11-740

abroad, by naturalized citizen, as act of expatri-
ation; see Citizenship-loss: residence abroad
by naturalized citizen, through

abroad by dual national; see Dual national
(election of nationality)

abroad by foreign born child of U.S. citizen; loss
of U.S. citizenship through foreign residence;
see Citizenship-loss: retention requirements,
sec. 201 (g), (h), and (i), 1940 Act
commuter, as permanent resident of U.S., 1952
Act; 5-716

distinguished from domicile, as used in 7th
proviso to sec. 3, 1917 Act; 1-631, 646; 2-170
effect of statute of limitations barring deporta-
tion; 6-540

foreign, requirement of, exchange alien; waiver
of; see Waiver of foreign residence require-
ment, sec. 212(e), 1952 Act

permanent; termination and/or abandonment of;
11-740

Resident alien's border-crossing card; construc-
tive possession; 3-136

Resident alien returning as seaman-workaway;
visa exemption; 3-887

Res judicata; drug addict, conviction under State
law; 6-374

Res judicata, doctrine inapplicable to administra-
tive decisions; 3-575,866

Res judicata; expatriation, declaratory judgment
suit, sec. 503, 1940 Act; 7-407

Restoration of civil rights; see Pardon: restoration
of civil rights

Retaining stolen goods; see Crimes involving
moral turpitude

Returning lawful permanent resident alien:

alien minor, following 1954 adm. for perm. resid.
ret'd by father to Mexico where she resided
until 1964; 11-171

alien who departed U.S. intending to let future
events determine his course; classification as;
9-216

commuter classified as; 5-716 (see also Com-
muter)

crewman; temporary employment ashore in
Saipan; waiver of documents; 7-314
documents, waiver; sec. 211(b); see Documentary
requirements: waiver of; sec. 211(b), 1952 Act
nonquota immigrant; see Nonquota immigrant
reentry permit; see Reentry permit
seaman-workaway; 3-887

sec. 212(c), 1952 Act, relief under:

absence of few hours to Canada; effect of Fleuti
decision on eligibility; 10-506

alien excluded and deported; eligibility;
10-460

alien outside U.S. since 1933; 5-658

alien remains deportable, where; 7-274

alien repatriated to native country (50 U.S.C.
21); 6-778

availability to sec. 245 applicant (in dep. proc).
not returning to U.S. after a voluntary
departure; 11-325

245-235-67- -63

Returning awful permanent resident alien-Con.
sec. 212 (c), 1952 Act, relief-Continued

availability to sec. 249 applicant lacking lawful
U.S. domicile; 9-103

deportable for entering without inspection;
5-389,642

deportable prior to departure; 6-392; 7-140
fee; 7-327

good moral character, requirement of; 7-368
inadmissibility, ground of; considered by
Congress in granting susp./dep.; effect;
10-491

lawful domicile of seven years, requirement of;
5-116; 6-136

nunc pro tunc grant; 5-593; 6-392, 405
Regional Commissioner, by; 7-327
special inquiry officer, by; 6-537
stowaway, right to hearing: 5-712
Revocation of approval of visa petition; see Visa:
petition for: revocation of approval, sec. 206
Revocation of naturalization; see Citizenship-
loss; Revocation of naturalization

Robbery; see Crimes involving moral turpitude

S

Salvation Army, as religious denomination, 1952
Act; 5-173

Samoa, American; see American Samoa
Savings Clauses (sec. 405, 1952 Act):
deportability under:

Act of 1917; 6-410

Act of Oct. 16, 1918, of former member of
Nazi Party; 5-255

sec. 241(a)(1), 1952 Act:
arrival in 1922; 6-540
entry in 1921; 6-242
sec. 241(a)(2), 1952 Act:
entry in 1921; 6-242
last entry 1922; 6-540

last entry in 1931; 5-642

sec. 241(a)(2) and (9), 1952 Act, of student
admitted before 1952: 6-458

sec. 241(a)(11), 1952 Act:
conviction in 1937; 5-261

recommendation against deportation before
1952; 5-343; 6-579

loss of nationality under sec. 201(g), 1940 Act;
effect of sec. 301, 1952 Act; 5-291: 7-646;
8-221, 226

pardon, conditional, issued prior to Dec 24, 1952;
5-630

pardon, legislative, issued prior to Dec. 24, 1952;

5 612

private bill, intended to bestow status, enacted
prior to 1952 Act; 6-287

reentry permit issued prior to Dec. 24, 1952, as
equivalent of immigrant visa: 5-183

sec. 13(c) (1), 1924 Act, prior "right" or status
under; reentry permit issued after Dec. 24,
1952; 7-229

seventh proviso, sec. 3, 1917 Act; application
filed after Dec. 24, 1952; 10-778

seventh proviso, sec. 3, 1917 Act, pending appli
cation under; 5-101

statute of limitations, prior status under; 6-540
suspension of deportation, application filed after
June 27, 1952; 5-467

Savings Clauses (sec. 405, 1952 Act)—Continued
voluntary departure, application filed before

Dec. 24, 1952; 5—522

School, approval for nonimmigrant attendance; see
Approval of school

Seaman:

bona fide. not; lack of consent to reapply after
arrest and deportation; 2—12; 3—83

crew list or manifest, offenses in connection with;
see Fine: crew lists, manifests

deportation procedure, 1917 Act; 1-290, 689;
2-404

deportation procedure, 1952 Act; 5-127

deportation proceedings, sec. 31, 1917 Act;
1-290; 2-404

detention, appeal from order requiring; 1-365
detention or deportation, failure of; see Fine
discretionary relief:

citizen wife and child; 5—736

no family ties in United States; 1-259; 3-869
recently arrived; 1-278; 3-869

service in U.S. Merchant Marine during war
years; 6-670

exclusion on criminal ground; 1-20; 2-404
immigrant, brought without, or with improper,
visa; see Fine: immigrant visa, bringing im-
migrant who lacked

resident alien, right to hearing: 5-712

shore leave, sole authority of primary inspector;
2-512

status, elements creating; 6-540

Secs. 5, 6, and 7, Act of Sept. 11, 1957; see Discre-
tionary relief

Sec. 9, Act of Sept. 11, 1957; see Adjustment of
status

Sec. 13. Act of Sept. 11, 1957; see Adjustment of
status

Section 211(c) and (d), 1952 Act; see Discretionary
relief

Section 212(a) (14), 1952 Act, as amended; see
Exclusion grounds: certification by Sec. of
Labor, sec 212(a) (14)

Section 212(a) (28) (I) exemption; see Subversive:
membership in proscribed organization: exemp-
tion under sec. 212(a) (28) (I)

Section 212(c), 1952 Act; see Returning lawful
permanent resident alien

Section 212(d) (e), 1952 Act; see Discretionary relief
Section 212(e) waiver; see Waiver of foreign
residence; sec. 212(e), 1952 Act

Section 212(h) [formerly sec. 212(g)]; see Exclusion
grounds: crime, admission or conviction: waiver
of

Section 212(i) [formerly sec. 212(h)]; see Exclusion
grounds: fraud or misrepresentation, sec. 212(a)
(19): waiver of

Section 215, 1952 Act; see Prevention of departure
Section 241(f), 1952 Act, as amended; see Deporta-
tion grounds: visa charge: fraud or misrepre-
sentation: sec. 241(f) exemption

Section 243(h), 1952 Act; see Deportation: with-
holding of, sec. 243(h)

Section 245, 1952 Act; see Adjustment of status
Section 246, 1952 Act; see Recission of adjustment
of status

Section 248, 1952 Act; see Status: nonimmigrant,
change of, sec. 248

Section 249, 1952 Act; see Adjustment of status

Selective Training and Service Laws:

false statements to avoid service, moral turpi-
tude; 3-249; 4—509; 5-29

neutral alien claiming exemption; see Ineligibil-
ity to citizenship

Sending threatening letter by mail; see Crimes
involving moral turpitude
Sentenced to confinement:

California; commitment to Youth Authority;
4-136; 8-660

commitment under Fed. Youth Corrections Act;
8-360

commutation of sentence, effect of; 6-562
"confinement", what constitutes, sec. 241 (a) (4);
9-380

Illinois State Reformatory at Pontiac, Ill.;
5-370

Massachusetts Reformatory for women; 2-530
Massachusetts State farm, as defective delin-
quent; 5-538

more than once:

assorted cases; 1-209, 440, 490; 2-578; 3-605;
4-73

Philippine Islands, native of, residing in U.S.
since before May 1, 1934; for crimes com-
mitted after that date; 3-184, 396

sentences for separate offenses imposed at same
time; 3-575

narcotics offenses; see Deportation grounds:
narcotics, offenses relating to

New York State:

Defective Delinquents Institution at Napa-
noch, N.Y.; 3-48

Vocational Institution at West Coxsackie,
N. Y.; 4-544

New Jersey; commitment to State hospital under
N.J. Sex Offenders Act; 8--256

new order imposing sentence 4 years after sus-
pension of imposition of sentence with proba-
tion; 8-504

one year or more:

commuted sentence: 6-562

imposition of sentence suspended with proba-
tion for 5 years: 7-577

indeterminate sentence, when deemed to be
for one year or more; 1-209, 540: 10-501. 671
sentence of "twelve months", N.J.; 2—579
sentence suspended; 3-580: 6-346
sentenced for three separate offenses, three
counts; 3-460

probation, confinement as incident to; where
verdict of guilty may later be set aside (Calif.);
1-343

retrial after long term in prison, followed by
sentence to probation; 3-187

retrial after prison term partly served, followed
by sentence to probation; 9-380

suspended, wholly; effect as to crime prior to
entry; 3-569

U.S. Public Health Service Hospital at Lexing-
ton, Ky., in; 5-52

Service records; confidential nature: 6-573
Seventh proviso, sec. 3, 1917 Act (see also Re-

turning lawful permanent resident alien):
applications for relief prior to application for ad-

mission to the United States; 1-79; 4-226
application not pending on Dec. 24, 1952; now
ineligible; not within sec. 405(a), 1952 Act;
10-778

Seventh proviso, sec. 3, 1917 Act-Continued
application pending on Dec. 24, 1952, preserved
by sec. 405(a), 1952 Act; 5-101
bigamy charge; 1--525

conditional grant of relief; 2-486; 3-571

conviction of crime; consideration of facts outside
record of conviction; 1-8

criminal cases, elements to be considered; 3-767
documentary requirements, 1924 Act; 4-463
domicile:

absence from United States of 23 years; 4-226
deportation does not necessarily terminate;
1-646; 2-168

illegal entry, based on; 1-166; 2-168, 460
interruption of 7-year period by deportation

or exclusion; 1-376; 4-82

minor's domicile followed that of parent's;
2-87

seaman, accumulated 7 years of residence thru
failure to depart pursuant to voluntary de-

parture privilege; 4-1

temporary absence of 8 months; 1-631
fraudulent procurement of visa: excludable under
sec. 212(a)(19), 1952 Act: 5-494, 502
good moral character; 4-211
illiteracy; 2-168, 620; 3-807

immigration laws, crime committed in scheme
to defeat; 1-525; 2--486, 606
indecent exposure; 2-633
insanity, prior; 2-87; 5-101

Int. Sec. Act of 1950, sec. 6(a), effect upon earlier
orders granting advance applications for relief;
4-260

narcotics offense, conviction of; 1-293

naturalization frauds, perjury; 1-79; 2-593, 700,
712, 905: 3-343

neutral alien claiming exemption from military
service; 2-858; 4-180

nunc pro tunc grant; 1-1

policy, generally; 3-571, 767, 804

rape; 3-480

restitution of money to Government as condition
of grant; 2-486

subsequent entries, effect of previous grant of
relief upon; 5-146

subversive ground; 3-784, 787; 4-260

suspension of deportation; ineligibility under
sec. 19(d), 1917 Act, effect of; 1-204; 2-459,
698;3-571

war, alien seaman in U.S. by reason of; 4-1
Single scheme of criminal misconduct, sec. 241(a)
(4), 1952 Act; see Deportation grounds: con-
victed of two crimes: single scheme of criminal
misconduct

Skilled agriculturist; quota preference for child
following to join him; maintenance of status;
sec. 6(a)(1)(B), 1924 Act; 3-798

Smuggling aliens for gains; see Deportation
grounds: smuggling aliens for gain
Soviet Union; recognition by U.S.; 2-247
Special inquiry officer:

powers delegated by Attorney General:

application for change of status, sec. 248, 1952
Act; jurisdiction; 10-291

application for extension of stay; jurisdiction;
11-335

authority in dep. proc. to adjudicate, or review
-denial of, application for sec. 212(e) waiver;
10-53, 154. 372

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