INDEX Cumulative for Volume 1 to 15, Inclusive Α Abandonment and nonsupport statutes, historical evolution; 2-134, 554 Abandonment of application for admission; see Application for admission to United States Abandonment of minor child; see Crimes involving moral turpirude Abandonment of permanent residence; see Residence Abandonment of United States citizenship; see Citizenship-loss Abortion; see Crimes involving moral turpitude Absence from United States, expatriation through; see Citizenship-loss: residence abroad by naturalized citizen, through Absence from United States, temporary; see Resi dence; Naturalization; Citizenship-derivation (after birth) by child born abroad; Seventh proviso, sec. 3, 1917 Act: domicile Accompanying child or spouse; see Accompanying or following to join Accompanying or following to join: accompanying child, question of, 1924 Act; 1-93 accompanying child, question of, 1952 Act; 14—122 accompanying spouse, question of, 1952 Act; 5-722 accompanying spouse, sec. 202(b)(2), 1952 Act; foreign state chargeability; see Quota nationality Acquisition of citizenship; see Citizenship and titles subordinate thereto; Naturalization Act of December 28, 1945 (P.L. 271, 79th Cong.). adopted children; legislative history; 3—42, 131 "Actively opposed” to communism (defector); question of; 11-3, 733; 12-778 Addict; see Narcotics: addict Adjacent island, preexamination (8 CFR 142), Jamaica, B.W.I.; 3-704 Adjacent island; sec. 101(b)(5), 1952 Act: British Honduras; 10-40; 13-225 Adjudication of citizenship; see Citizenship Adjudication of nationality (not citizenship); issuance of passport or letter of identity by Gov. of Guam, Samoa, does not constitute; 3—589, 729 Adjustment of status: sec. 1, Act of Nov. 2, 1966: applicant native & citizen of Italy who entered as crewman; spouse of Cuban within sec. 1; eligible to apply; 13-575 applicant native of Cuba but not refugee; eligible; 12-699 applicant (neither native nor citizen of Cuba) married to Cuban citizen after latter's adj. under sec. 1; eligible; 13 480 applicant (neither native nor citizen of Cuba) sepa Adjustment of status-Continued sec. 1, Act of Nov. 2, 1966-Continued rated from Cuban citizen spouse; ineligible; 12-369 applicant within public charge provisions of secs. 212(a)(15) & 241(a)(8); 12-432 arrival as nonimmigrant or parolee a requisite for benefits sec. 1; 12-143 barred from citizenship as convicted murderer; statutory eligibility not withstanding; 13-166 crewman, admission as; effect; 12-396; 13-575 discretionary denial; 12--355 discretionary nature of relief notwithstanding statutory eligibility; 12-432 inspected and admitted on Jan. 1, 1959; ineligible; 12-788 "inspected and admitted or paroled"; question of; 12-112, 291, 549 "last arrival"; construed; 12-56 last entry illegal; ineligible; 12-688 last entry prior to Jan. 1959; ineligible; 12-247 spouse of alien within sec. 1; eligible notwithstanding entry as crewman; 13-575 spouse of alien within sec. 1; ineligible where alien himself denied adjustment; 13-740 spouse of alien within sec. 1; last entry prior Jan. 1, 1959; ineligible; 12-247 sec. 2, Act of Nov. 2, 1966: applicant must also come within purview of sec. 1 of Act; 12-143; 13-79 arrival only as immigrant subsequent to Jan. 1, 1959; ineligible; 12-143 physical presence; construed; 13-79 physical presence, may be completed subsequent to lawful adm. for perm. res.; 13-79 physical presence requirement, compliance with; question of; 13-79 sec. 9, Act of Sept. 11, 1957: applicant's immigration status as eligibility factor; 8-100 eligibility as "spouse" of principal applicant; 8-100 good moral character requirement; 8-100 unavailability of visa construed; 8-100 sec. 13, Act of Sept. 11, 1957: accompanying children of foreign govt. official (A-1); loss of eligibility of principal alien does not affect eligibility of derivative child; 13—334 applicant acquired another nonimmigrant classification (G-4) after ceasing to maintain A-1 status; effect; 14-354 applicant is native of Western Hemisphere country; effect; 13-116 wife of foreign govt. official; admission & acquisition of status under prior law; effect; 11-96 sec. 203 (a)(7), 1952 Act, as amended, under proviso to; see Quota preference: Act of 1952, as amended by P.L. 89-236: sec. 203(a)(7) sec. 211(c) and (d), 1952 Act; see Discretionary relief sec. 214(d), 1952 Act; see Fiance (e) of U.S. citizen; sec. 101(a)(15)(K), 1952 Act, as amended sec. 245, 1952 Act, as amended: a preconceived intent at time of entry to remain permanently; 10-516, 774; 11-167, 337, 621; 12-212; 249; 13-128 administrative discretion; criteria for exercise of; 13-494; 15-626, 729 admission as fiance; citizen petitioner changed mind; alien married another U.S. citizen; adjustment not precluded; 14-125 admission as immigrant; 9-141 admission as immigrant; eligible to apply whether deportability stems from cause precedings accompanying or after entry; 15 307 admission as immigrant, subsequently became deportable on criminal grounds; 10-191; 11-720 admission as immigrant; subsequently became deportable on entry without inspection charge; ineligible; 11-351 admission as immigrant, upon presentation visa procured by fraud; eligible; 10-344 admission as visitor (upon pretext); a preconceived intent to be student; 15-351 admission as visitor (upon pretext); a preconceived intent to obtain permanent residence and remain in United States; 15-626 admitted as student; on fellowship from his Govt. (Libya); lack of good faith in dealing with his Govt.; 12-739 admitted as student; on fellowship from & under contract with his Govt. (U.A. R.); noncompliance with contract; 11-163 admitted in transit to reship foreign as a crewman; ineligible; 10-101, 277 admitted in transit without visa (TRWOV); ineligible; 10 441 adverse effect would be created in relations between applicant's govt. & U.S.; 9—249; 10-651; 12-739; 13-236 advisory opinion on Dept. of State; must be considered; 13-236 alien admitted as nonimmigrant visitor but occupationally & factually a crewman who entered in pursuit of occupation; ineligible; 13-535 alien arrived as crewman but inspected and admitted as nonimmigrant visitor upon presentation valid visa; 13-84 alien arrived as workaway in possession valid visa & admitted as nonimmigrant visitor; eligible 11-343 alien beneficiary of apprvd. perf. VP; petition with drawn prior allocation of quota No.; effect; 12-61 alien beneficiary of second preference petition; petition never approved; effect; 15-650 alien born in U.S. eligible; 10-708; 11-717 alien born in U.S. in diplomatic status who has never been outside U.S.; 11-190 alien denied visa by one consul later entered U.S. with visa obtained from another consul; 8-683; 10-172, 177; 13-128 alien derived 1st pref. classification thru husband; interlocutory divorce decree granted husband; effect; 11-148 sec. 245, 1952 Act-Continued alien employed by U.S. Government for more than 15 years at U.S Embassy Saigon whose honorable employment was involuntarily terminated when Embassy closed, is eligible for adjustment as a special immigrant under sec. 101(a)(27)(E) (now (D); alien entered as citizen, no willful false claim to citizenship; 954; 12-8 alien entered as member U.S. Armed Forces; 8-485; 10-653 alien entered by knowingly & falsely claiming citizenship; 9-50; 478, 599; 11-706; 12-733 alien excluded and paroled into U.S.; jurisdiction lies with DD; 12-407 alien, issued Class "A" med. certif. by USPHS as mentally retarded, not advised of right to appeal such certification; effect; 13-611 alien separated from U.S. citizen spouse; visa availability, question of; 11-446 alien who voluntarily renounced her perm. residence status previously acquired thru immigration; 11-140 alien within provisions sec. 204(c); effect; 13—192 alien within provisions sec. 212(a)(24); eligible; 12-522 alien's good faith, as factor; 9-50, 265; 10-172, 177, 494, 516; 12-739 applicant has wife and 3 children residing in Chile; 11-317 applicant (widow) has 5 minor children residing in Honduras; 10-628 application during exc. proc.; SIO lacks authority to consider notwithstanding inadvertent omission of pertinent regulation in annual rev. ed. of 8 CFR; 14-405 application filed prior 12/1/65 by native of Tonga; 1966 amendment to sec. 245(c) inapplicable; 12-182 application pending on 12/1/65, effective date of admendment of sec. 245 by P.L. 89–236; effect; 11-419 application, per se by nonimmigrant in lawful status does not constitute ground of deportability under sec. 241(a)(9); 15-191 approval, prior, unrevoked, of nonquota or immediate relative VP does not preclude disc. denial based on doubtful bona fides of marriage; 10-688; 14-237 approved sixth preferences visa; requirement of; 15-772 BIA lacks authority to grant adjustment in absence of approved visa; 15-772 BIA lacks authority to review Reg. Commr's. action; 9-11 bona fide nonimmigrant at time of admission; question of; 8 485, 621, 636, 655, 680 bona fides of alien in securing visa; as factor; 10516, 774 bona fides of marriage, doubtful; BIA & SIO may deny on basis of notwithstanding prior unrevoked immediate relative VP by wife; 14-237 burden on alien to establish favorable action merited; 9-38; 15-772 certification (Labor); alien ineligible for exemption from requirement as investor where he engaged in other unrelated full-time employment; 15-656 sec. 245, 1952 Act-Continued certification (Labor); blanket, within Schedule A; religious worker; 15-304 certification (Labor); exemption from as investor; see also Exclusion grounds: certification of Sec. of Labor; sec. 212(a)(14), 1952 Act: exemption from, as investor certification (Labor); exemption from as investor; question of; 14-349; 15-401, 656, 695, 729 certification (Labor); exemption from as investor (8 CFR 212.8(b)(4); question of; business idle; 15-142 certification (Labor); exemption from as investor (8 CFR 212.8(b)(4); question of; purchase of common stock in employing corporation by salaried employee; 15-147 certification (Labor); exemption from as student under 8 CFR 212.8(b)(5) after Aug. 2, 1972, question of; 14-603 certification (Labor); failure to establish exemption from as investor; 15-794 certification (Labor); necessity of: nonpref. immi grant supported by husband, a resident of Hong Kong; 15-376 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 certification (Labor); no longer in employment upon basis of which issued; 12-694 certification (Labor); overstatement of qualifications on application for; effect; 15-301 certification (Labor); qualification of nonpref. alien for Sched. C precertification; authority to determine; 13-572 certification (Labor); question of necessity where alien's adjustment prior 12/1/65 precluded by incomplete adm. processing; 12-371, 633 certification (Labor); required by alien who claims to be an investor under 8 CFR 212.8(b)(4) in one company, but is engaged in unrelated full-time employment with another company; 15-656 certification (Labor); required by alien spouse of lawful perm. resid. where only nonpref. visa available to him; 12-319 certification (Labor); required by nonpreference immigrant alien employee of foreign embassy in U.S.; 12-348 chargeability to quota area of adoptive father; 11-371 chargeability to quota area of permanent resident alien spouse; 8-369 curcumvention of normal immigrant visa issuing process, as factor; 10-494; 11-167 denial of sus./dep. by Congress; not a bar to; 13-5 discretion, administrative; criteria for exercise of; 7-651; 865; 13-494 discretion, exercise by SIO; must be made independently on basis all facts present; 13-661 discretionary denial; 8-65, 234, 636, 655, 683; 9-38, 50, 249; 10-168, 177, 494, 516, 628, 651, 688, 767, 774, 790; 11-140, 163, 167, 317, 337, 621, 720, 796, 12-78, 212, 249, 739; 13-128, 236; 14-237; 15-301, 351, 376, 626, 729, 794 discretionary grant; 9-265; 10-172; 13-494 discretionary nature of relief notwithstanding statutory eligibility; 15-626 sec. 245, 1952 Act-Continued 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)(1)(ii); 8-302; 12-778 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; 14-113 exchange visitor; entry prior to June 4, 1956; 11-919 exchange visitor; finance by govt. agency, State Department determination not conclusive; 15-85 exchange visitor; stateless at entry, objected to exch. alien classification; effect; 13-358 exclusion order not eligibility bar when alien inspected and paroled; 9-265 failure to apply for visa while outside U.S., effect; 8-655 fiance, admission as; citizen petitioner changed mind; alien married another U.S. citizen; adjustment not precluded; 14-125 filing of application, effect upon existing deportability; 5-622 good moral character requirement; 7-651; 8-65, 234; 10-168 "immediately available," immigrant visa; question of; 12-61; 15692, 695, 700 immigration judge lacks authority to grant adjustment in absence of approved visa; 15-772 immigration violations, consistent and deliberate; effect; 8-636 "inspected and admitted"; question of; 9-50, 54, 478, 599; 11-351, 706, 712; 12-8, 733 jurisdiction over application of alien excluded & paroled into U.S. lies with DD; 12-407 minister; visa availability, failure to establish; 14-165 misrepresentation, visa; mere making of to consul is important consideration; 10-790 narcotics violator; ineligible; 15-683 native of British Guiana; 11-419 native of British Honduras; 10-40; 11-768 native of Honduras; 11-419 native of Western Hemisphere; application pending 12/1/65, effective date of amendment of sec. 245 by P. L. 89-236; ineligible; 11-419 native of Western Hemisphere (Argentina); alternately chargeable to quota of country of birth of wife (Italy); ineligible; 15-406 nonpreference alien; supported by husband, resident of Hong Kong; 15-376 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; 13-161 reconsideration based on issue which could have been raised on judicial review, denial of; 13-161 renewal of earkuer application predicated on claim to investor status (8 CFR 212.8(b)(4); question of; 15-401 renewal of reconsideration under regulations effective 1/22/62 (26 FR 12111) of previously adjudicated application; question of; 9-581 rescission of; see Rescission of adjustment of status savings clause (sec. 3, Act of 11/2/66), applicability; question of; 12-399 SIO lacks authority to consider application in exc. proc. notwithstanding omission of pertinent Service regulation in annual rev. ed. of 8 CFR; 14 405 special immigrant, former employee of U.S. Government abroad (Vietnamese citizen), eligible; 15-786 workaway, arrival as; admitted as visitor in possession valid visa; eligible; 11-343 sec. 247, 1952 Act: failure to adhere to substantive provisions of governing regulations; effect; 14-241 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; good moral character; question of; 11-805 narcotics violator granted full & unconditional par don; ineligible; 12-325, 335 procedure for challenging adjustment under; 7-363 record of lawful admission "otherwise available"; record of unlawful entry; 8-288 renewal of reconsideration of application under reg- absence, temporary; effect; 8-167 departure as result of exclusion or expulsion pro- temporary admissions as crewman over period of years, as establishing; 8-463; 11-849; 14-6 voluntary departure pursuant to deportation proceedings; effect; 11-38; 12-593, 596 Administrative decision, whether res judicata: 3-577; 5-392, 400 law by court decisions; 2-658, 849 Administrative discretion: Suspension of deportation cases, in; without reliance on Congressional committee reports; 15-548 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 petition procedure; 8-295 determination of; proper in exc. proc. where alien preinspected and admission stamps cancelled prior to arrival in U.S.; 15-498 determination of; proper altho alien's parole not terminated; 13-798 determination of; returning resident alien; 5 312; 12-358 determination of; U.S. citizenship claimant; 7-323 determination of; U.S. Navy enlists placed on Tempo rary Disability Retired List; question of; 15-508 effect of legislation enacted while alien on parole; 9-170 effect, where alien is under indictment; 2-172 redetermination of, upon arrival at port of entry; absolute duty to make; 15-430 Admission: application for, abandonment or withdrawal; see Application for admission to United States erroneous, following inspection by Service officer; 14-397 right to remain in U.S. following: determined in dep. proc.; 9-78 when an admission occurs; 9-78; 12-191; 15 498 Admission for permanent residence; see Lawful admission to the United States for permanent residence Admission of commission of crime; see Crime admission of commission Adopted child; see Child: adopted Bahamas; 6-760 British Guiana; 9-248 Burma; 14-649, 720; 15-224 California, of illegitimate child; sec. 230, Civil Code, 3-742, 13-644 China; 3-608; 10-597; 11-151, 219; 12-296, 484, 513, 690; 13-766; 14—127, 132, 180 China; doubt as to bona fides; adoptive parties blood relatives; 14-71, 180 China; evidentiary standards; 14-150, 175 China, in; in absentia; by Chinese adoptive parents permanent residents of U.S.; 14-71 China, in 1952; following seizure of control by Chinese Communist Govt.; 13-620 China, mainland, before 1950, of female; 14-127 China, mainland, before 1950, of unrelated male; 14-158 China, mainland, subsequent to 1950 seizure of control by Chinese Communist Govt.; 14-132 China; mutual termination, question of; 13-766 China; over 14 at time parental relationship created; 14-71 China; parental control of adoptive parent, under; question of; 14-180 China, without juridical act; validity; 14—127 Chinese adopting parents in U.S., by; of native-born U.S. citizen child; 12-240 Chinese person born in Hong Kong, of; under Chinese law & custom; female; 14-135 Chinese person born in Hong Kong, of; under Chinese law & custom in Hong Kong; 13-624 Czechoslovakia; 12-258 date; question of, where decree given retroactive effect, 15-716 date; question of, where effected under two different procedures; 12-747 effect on relationship to natural brother or sister; 12-495 effect on relationship to natural parents under immigration laws; 9-46, 116, 567; 11—55; 12—421 Egypt; 12-666 evidence, validity of; 3-608 Germany, in, by proxy; recognized in Texas, principle of comity; 6-634 Guyana; 13-616 Hawaii: birth and residence outside Hawaii; Hong Kong, in; under Chinese law and custom; 13 624 Hong Kong, in (1957); under Chinese law and custom: child over 14 when adoptive father gave consent to adoption; 15-221 Hong Kong, in (1967); under Chinese law and custom; adoption by an unmarried woman; 14—335 Hong Kong, in (1957); under Chinese law & custom; evidence, question of; 15-221 Hong Kong, in (1954); of female; under Chinese law & custom; 14-135 Hong Kong, in (1953); of unrelated male; under Chinese law & custom; 14-155 Hong Kong, preceded by informal infancy adoption under Chinese law and custom; 12-747 India; 14-4; 15-569 Indonesia, in; of Chinese child; 13—89; 15—709 Italy; "affiliation" is equivalent of adoption; 6-270 juridical act, by; necessity of; 14-127 jurisdiction; prerequisite for validity; 15-580 Korea; 13 45; 15-62, 477 legal relationship between adoptive parents and child must be created, 15-709 loco parents; not equivalent of adoption; 11-219 Mexico, State of Tamaulipas; 15-165 Netherlands Antilles; 9-521 Portugal; 9-242 proceedings for, in office of foreign consul in U.S.; 5-733 Punjab (Pakistan), province of; 15 512 Thailand; 15-234 Uganda; 15-299 validity; governed by place of adoption; 5 438; 6-760; 14-127 validity, in absence of juridical act; question of; 14-127 Yemen; 14-305; 15-430 Adultery: see Good moral character; adultery: cannot be taken at face value; effect; 15-698 Affiliate or subsidiary of corporation: see Intracompany transferee Affiliation, subversive ground of exclusion or deportation; see Subverse Affirmative misconduct: see Estoppel Aggravated assault (battery); see Crimes involving moral turpitude Agricultural laborer: admissible under Act of 4/29/43 altho previously deported and no permission to reapply; 1-624 classification, immigrant or nonimmigrant status; 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 qualifying requisites of sec. 101(a)(15)(H) inapplicable; 6 491 remained longer; deportable sec. 241(a)(2); 10—380 suspension of deportation, not barred by admission as; 2-692, 751 Air carrier; fine; see Fine Alien claiming exemption from military service; see Ineligibility to citizenship Alien coming in managerial, executive, or specialized knowledge capacity; see Intra-company transferee Alien coming temporarily as trainee; see Industrial trainee Alien coming to engage in commercial or agricultural enterprise (8 CFR-212.8(b)(4)): business now idle; effect; 15-142 commercial or agricultural enterprise, coming with bona fide primary purpose of engaging in; question of; 14-349 commercial or agricultural enterprise, construed; 14-563 commercial or agricultural enterprise, question of; 12-86; 14-563 conditional intent to invest; 15-206 "engaging" in enterprise, construed; 14-349 "engaging" in enterprise; question of; 15-142 "investment". construed; 14-563 investment, question of; 14-563; 15-81, 206 labor certification requirement; inapplicability; 14-349 labor certification requirement; request for exemption from, filed prior to effective date of amended regulations; effect of amended regs.; 14-349 purchase of common stock in employing corporation; effect; 15-147 "substantial investment"; 12-86; 14—563 Alien coming to perform temporary services: alien previously employed by petr. in specified position as permanent employee; 15-608 blanket Labor certification; services within purview of; effect; 12-591 electronic design engineers; 13-23 governess, mother's helper; 10-654 musicians; 12-591 professional female wrestlers, as entertainment act; availability, question of; 11-427 "temporary services"; question of; 13-23 |