Divorce Continued Portugal; 14-723 proxy, under Jordanian-Moslem law, by plaintiff in Puerto Rico, defendant in Jordan; 11-179 State court, granted by; collateral attack in visa petition proceedings; 8-251 Turkey, in; canonical; validity; 9-430 valid in foreign country where domiciled; effect of residence elsewhere; 1-677; 3—33, 227 Doctrine of collateral estoppel; see Estoppel, doctrine of Documentary requirements: adopted child, Act of Dec. 28, 1945; 3-608 child born abroad while citizen mother on visit; 2-188; 7-311 child born abroad while legally resident alien mother on visit; 2-188; 3-215 native born Canadian coming for visit of less than 30 days; 2-518 returning lawful resident, after temporary absence; 1-369 returning lawful resident, after temporary absence (crewman; temporary employment ashore in Saipan between sailings); 7—314 returning lawful resident, after temporary absence (intention to take up residence in U.S); 3-519 returning lawful resident, after temporary absence (naturalized citizen at time of last entry, naturalization later cancelled for fraud); 3—275 returning lawful resident, after temporary absence (naturalized citizen whose citizenship was lost while abroad); 11-414 waiver of; sec. 211(b), 1952 Act; 7-314; 8-143, 249; 11-414; 13-557; 14-290 waiver of; sec. 212(d)(4)(A), 1952 Act; 8-485; 13-251 waiver of passport; sec. 211(e), 1952 Act; 11-249 waiver of visa; secs. 4(a), 13(b), 1924 Act; sec. 30, 1940; 3-582 waiver of visa; sec. 13(b), 1924 Act; 1-10, 232, 321; 3-582 waiver of visa, 8 CFR 212. 1(b); not applicable entry continental U.S. from Virgin Islands; 12-824 wife of citizen veteran of World War II; 3-371 Documentation, other; sec. 212(a)(19); 1952 Act: application for extension of stay, as; 6-315 citizen's identification card; 7-486 false letter of employment; alien commuter; 11-738 "other documentation" defined; 7-486 procurement of; 7-73 Dodecanese Islands, transfer to Greece; quota allocation; 3-172 Domicile; see Residence; Seventh Proviso, sec. 3, 1917 Act; Returning lawful permanent resident alien: sec. 212(c), 1952 Act Dominion Opium and Narcotic Drug Act, 1923, as amended, sec. 414(1)(f); 2—600 Draft dodger: "avoid" and "evade", meaning; 2-424 distinguished from army desertion; 2-276, 419 distinguished from conscientious objector; 5-425 exclusion ground, as; see Exclusion grounds: departure to avoid armed forces duty expatriation ground, as; see Citizenship-loss: evading service in armed forces, departing U.S. or remaining out need for Service determination of excludability in connection with visa petition on behalf of alien husband; 3- 376 not liable for military service, effect; 2-403; 5-593 Drug addict; see Deportation grounds: narcotic drug addict Dual national: election of nationality: army of his foreign nationality, service in; 2-243, 783; 3-701 formality of procedure; necessity for definitive choice; 2-124, 428 homestead acquisition in foreign state during minority; disaffirmance upon reaching majority; 1-329 oath of allegiance to country of foreign nationality; 3-701 obligation to elect by dual national at birth; 1-389; 2-347; 4-756; 9411 obligation to elect by dual national thru marriage to alien in 1934; 3-107 passport of his foreign nationality, use of; 3-98 residence abroad after reaching majority and return to U.S. prior to Jan. 13, 1943; 1-476 residence abroad after reaching majority and claims of U.S. citizenship before and after reaching majority when entering U.S. for visits; 2-124 residence abroad after reaching majority; return to U.S. before 1941 for short period followed by permanent residence abroad; 1-496, 685 sec. 401(a), 1940 Act, persons within; one who already elected U.S. nationality and has abided by such election; 1-496 sec. 401(a), 1940 Act; "taking up residence in U.S." before 23d birthday or Jan. 13, 1943; 1-24, 476, 496, 502, 536, 548, 596, 685; 2-6, 124, 598; 3-98, 470, 690, 761; 6-590; 10-394 voluntariness of election; 1-551 voting in Canada after electing U.S. nationality; 1-536 loss of nationality, sec. 350, 1952 Act: applies to all dual nationals at birth; 7-195 benefits of foreign nationality, sought or claimed acceptance of right to develop a parcel of communal land in Mexico; effect; 9-664 acquisition of property in Mexico in area re stricted to ownership by Mexican citizens; 10-630, 740; 13-488 acquisition of property in Mexico without authorization required of non-Mexican nationals; 7-218 after attaining 22d birthday and subsequent to Dec. 24, 1952, followed by 3 years residence; 7-195 after attaining 22d birthday and subsequent to Dec. 24, 1952, preceded by 3 years' residence; 7-195 Certificate of Retention of Canadian citizenship, application for and receipt of; 12-221 ignorance of claim to U.S. citizenship; effect; 9 482 Mexican nationality, to gain admission to U.S. as agricultural worker; 7-718 nature of benefit required to effect nationality loss; 7-718 obtaining foreign passport; 9411 obtaining foreign passport without using it for travel; 8-112 presentation of foreign passport at time of admis sion to U.S.; 8-112 prior to, but not enjoyed after, Dec. 24, 1952; 7-195 prior to, with continued enjoyment of benefits and loss of nationality, sec. 350, 1952 Act-Continued benefits of foreign nationality, sought or claimed-Continued foreign residence 3 years after, Dec. 24, 1952; 7-218, 599 readmission to Canada as Canadian citizen; conditions precedent to nationality loss; 8-112 residence; effect of absences; 7-599 Due process (see also Evidence; Fair hearing): applicant for admission to U.S.; 1-587 DD's denial (fine proc.) of cross-examination of immigrant inspector who prepared Service official record of alien's arrival; 15-372 denial of inspection of Service records to discover basis of arrest; 15-278 failure of SIO to take cognizance of Service action in analogous cases on unsettled question of law; 15 439 interrogation, preliminary, of alien; without prior notice to alien's counsel; 15-480 minor citizen children of deportable father; 14-457 Duress; fear as excuse for committing crime; 3—350 Election: E distinguished from plebiscite; sec. 401(e), 1940 Act; 2-436 dual national, by; to retain U.S. nationality; see Dual national voting as act of expatriation; see Citizenship-loss Eligible orphan; see Child: eligible orphan Entry: alien left inspection area before questioning, entry without inspection; 15—734 armed forces, as member of; failed meet requirements Act of 6-30-50, as amended; 8-21; 10-17 armed forces, mbr. dishonorably discharged; return to U.S. as military prisoner; 3-536 arrival in U.S. following preinspection and cancellation of admission stamps; 15-498 arrived at designated port; remained on board vessel awaiting inspection by immigration officers; 14-467 arrived at other than designated port, had proceeded to airport 10 miles inland when apprehended; constitutes; 12-191 at place not designated; deportation charge; distinguished from entry without inspection; 1-617 child, of; born abroad while citizen mother on visit; no visa; 7-311 child-step, as; marriage creating step-status a sham; deportability, question of; 15 516 citizen, as; under view of Service subsequently reversed; 5 517 citizen, as; erroneous, good faith; 5-218 definition of "entry" sec. 101(a)(13), 1952 Act, applicable to provisions of both secs. 275 and 241(a)(2); 15-346 deportation proceedings based upon; see deportation grounds fictitious name, alias, or other name used for; legality; 2-644 Filipino, from Hawaii; subsequent May 1, 1934; 7-201 Fleuti doctrine inapplicable to entry without inspeetion; 15-346 immoral purpose; concubinage; 1-373; 3-218 immoral purpose; sec. 212(a)(13), 1952 Act; 5-185 lawful admission for permanent residence; see Lawful admission to the U.S. for permanent residence naturalized citizen whose citizenship was cancelled after, deportability under sec. 241(a)(4); 6—666 naturalized citizen whose citizenship was cancelled after; relation back doctrine; 3-275; 4-373; 702 naturalized citizen whose citizenship was cancelled after, applicability of relation back doctrine to documentary charges; 5—759; 7—103 question of, to sustain deportation or exclusion ground; see Entry into U.S. (whether or not an entry has been made) record; nonexistence of; effect in deportation proceedings; 1952 Act; 5-181 records; errors; legality; 2-644 reentry as "entry" for deportation purposes; 1-4, 510 selection of any, as basis for deportation charge; 6-684; 9 643 under 1917 Act, as distinguished from 1924 Act; 3-632; 7-201 Virgin Islands, to; prior to July 1, 1938; 1-414 when entry effected; 12—191; 14—467 without inspection; deportation grounds; see Deportation grounds: entry without inspection Entry into the United States (whether or not an entry has been made): alien commuter; return to employment from place of residence abroad; legality of original adm. for perm. resid. can be examined in exc. proc.; 15-488 alien preinspected at Toronto; recalled and admission stamps cancelled prior to arrival in U.S.; 15-498 alien presented false I-151; paroled for prosecution and thereafter convicted of violation sec. 275, 1952 Act; 15-77 armed forces, member of; 4-126, 630 armed forces, former member who elected to remain abroad at time of discharge and thereafter returned to U.S.; 3-539 arrived at designated port; remained on board vessel awaiting inspection by immigration officers; 14-467 arrived at other than designated port and had proceeded to airport 10 miles inland when apprehended; 12-191 departure "not intended", question of; 14-737 drunk, following departure of which he was unaware because; 4-235 excluded alien who is permitted to sojourn in U.S. (parole); 3-543 extradition from foreign country to stand trial in U.S.; 3-632 factors in determining; 12-191; 14-467 Filipino, noncitizen national, arrival in U.S. in 1926; 4-569 Filipino, noncitizen national upon arrival before May 1, 1934, last entered as returning resident after July 4, 1946; 5668 Filipino, noncitizen national upon arrival (Hawaii) in 1924, last entered (Hawaii) 1951 returning from employment in Kwajalein Island (trust territory): 7-128 fishing trip, return from; alleged ignorance of foreign destination; 5-220 Entry into the United States-Continued Fleuti doctrine inapplicable to entry without inspection; 15 346 following departure in connection with scheme of girlfriend to obtain visa through fraud; 15-477 following departure made with intent to assist aliens in illegally entering U.S.; 14-58, 438 insular possessions, from; to continental U.S.; 3-632; 7-201; involuntary departure from U.S., after; 3-536 knowledge of foreign stops, en route (return to U.S. by air); 3-632 mental incapacity, return following unintended departure and involuntary foreign presence because of; 14-737 parole for prosecution followed by conviction for violation sec. 275, 1952 Act; 15-77 presence, foreign, "not voluntary"; question of; 14-737 return following Fleuti-type departure; legality of original admission; 15-789 return following Fleuti-type departure; legality of original adm. for perm. resid. can be questioned in exc. proc.; 14 475 return from 1-day visit in Canada for purpose in contravention of immigration laws; 15 477 return from 1-day visit in Mexico, paroled for prosecution on narcotics charge & convicted; 11-625 return from 2-3 day visit in Mexico; original admission for perm. resid. thru fraud; 14-475 return from 10-day vacation in Mexico; 10-480 return from 2-hour absence to Mexico; not lawful permanent resident; Wadman inapplicable; 11-106 return from 4-month absence in Canada in fulfillment of teaching contract; 14-208 return from abroad as military prisoner; 3-536 return from absence to Mexico to report to clerk of court and sign bond book during which imprisoned there for 6 mos.; 14-666 return from absence abroad of minor taken with his parents when they abandoned their U.S. perm. residence; 15-451 return from a month's absence abroad to visit parents; 10-529; 14-216 return from a month's vacation in Mexico; 10-551 return from a week's absence to Mexico to visit and make a pilgrimage; 11-432 return from brief absense to Mexico, following annulment of marriage to U.S. citizen on which entry for perm. resid. based; 15-274 return from brief absence to Mexico for purpose in contravention of immigration laws; 14-58, 438 return from brief absence to Mexico to visit relatives; 10 341 return from brief sight-seeing trip in Mexico; 10-376 return from brief visit to Mexico to pay condolences; innocent nature of trip transformed by conduct while there; 13-812 return from foreign country, every; exceptions; 3-481 return from intermittent weekend visits with family in Mexico; 13-750 return from overnight visit in Canada linked to gambling activities; 10-522 return from short visit of criminal intent; 13 449; 14-438 return from short visit to Canada to appear in court for criminal misconduct; 12-170 return from short visit to Mexico during which en Entry into the United States-Continued gaged in conduct considered criminal by I&N Act; 13- 369 return from short visit to Mexico to report to clerk of court there and sign bond book; 11-15 return from visit in Mexico during which convicted for criminal misconduct; 11-478 return of alien denied entry in foreign port; 6-638 return of nonimmigrant from overnight visit to Mexico seeking entry for perm. resid. without visa; 13-324 return of unemancipated minor from absence abroad accompanying stepfather under military orders; 10-304 return (without inspection) from brief visit in Mexico (lawful permanent resident); 11-103 return (without inspection) from brief visit (by nonimmigrant, out of status) to Mexico; 11-819 sec. 249, 1952 Act; see Adjustment of status: sec. 249, 1952 Act stowaway, ordered detained on board, who escaped vessel & remained ashore; 9-356 trust territory (Kwajalein Island), return from employment in; to Hawaii; 7-128 Entry record, amendment or creation, to show admission for permanent residence: child: born during temporary absence from U.S. of lawful permanent resident mother; 3-215, 262 Entry record, amendment or creation, to show admission for permanent residence: Child erroneously admitted as ret. resident; sec. 14, 1924 Act; 3-815 erroneously admitted as U.S. citizen; 3-262; 11-253 erroneously admitted under Quota Act of 1921, exemption 9; 3-815 quota exhausted before charge could be made (1923); 3-391 reentry as treaty trader; previous lawful admission for permanent residence; 2-834 sec. 13(d) and (e), 1924 Act; see Discretionary relief; sec. 13(d) and (e), 1924 Act 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; see Adjustment of status; sec. 245, 1952 Act sec. 249, 1952 Act; see Adjustment of status; sec. 249, 1952 Act suspension of deportation; see Suspension of deportation Estoppel, doctrine of; operation in dep. proc. as "affirmative misconduct”, question of; 15-516 Estoppel, doctrine of, operation in dep. proc. as alien admitted as spouse of U.S.C. on basis VP approved subsequent to commencement, & prior to conclusion of dep. proc. against wife finding her not to be a citizen; 15-411 Estoppel, doctrine of; operation in dep. proc. as to alien's conviction of entry without inspection under sec. 275, 1952 Act; 15-346, 453 Estoppel, doctrine of; operation in exc. proc. as to alien convicted during parole for violation of sec. 275, 1952 Act; 15-77 Estoppel, doctrine of; operation in dep. proc. to alien inspected and erroneously admitted by Service officer; 14-397, 483 conspiracy conviction re entry by misrepresentation, absent specific findings of court; 10-214 Estoppel, doctrine of; operation in dep. proc. as to expatriation finding of court in declaratory judgment suit; 7-407 Estoppel, doctrine of; operation in dep. proc. as to subversive organization membership finding by court in denaturalization suit; 8-577; 9—127 Estoppel, doctrine of; operation in exc. proc. as to visa issued on basis adoption in Yemen prior to adm. dec. holding no system of legal adoption in Yemen; 15-430 Evading military service; see Citizenship-loss: evad ing service in armed forces, departing U.S. or remaining out; Exclusion grounds: departure to avoid armed forces duty Evidence: admission of alien; alleged coercion, issue of; first raised on appeal; 15-469 admission of alien, voluntary, made during preliminary interrogation & while not under arrest; 13-522 admissions made in preliminary interrogation, in non-custodial setting; competent evidence notwithstanding absence of Miranda warning; 13-632 admissions made in prior hearings; 4-765; 5-752 affidavit voluntarily executed by respondent during Service preliminary interrogation; 15-474 affidavits of deceased witnesses; 6 496 affidavits of witnesses, obtained during preliminary investigation; 13-95 affidavits of witnesses in lieu of oral testimony; 5-612, 738; 6-496 affidavits showing nature of organization; 5-451 alien crewman's Form I-95; voluntarily produced and turned over during Service investigative search; admissible; 13-30 alien crewman's Form I-95; voluntarily produced and turned over during Service investigative search, following temporary forcible restraint; no Miranda warning; admissible; 14-630 alien's driver's license; turned over to Service officers in response to request for identification; admissible; 14-326 alien's Form I-94; voluntarily produced and turned over during Service preliminary interrogation; no Miranda warning; 15 480 alien's rights controlled by Jencks statute; 8-696 allegations Service & atty misconduct, matters outside administrative dep. record; should be under oath; 13-680, 790 anonymous letter; question of taint; 14-79 applicability of Woodby standard; 12-84 arrival manifest, alien stood mute; 13-794 attorney-client communications to perpetrate immigration fraud; admissible in sec. 246 proc.; 13-827 authentication of baptismal & school records entered in evidence in dep. proc.; question of; 11-378 authentication of narcotics conviction record; question of; 15-183 birth in U.S.: baptismal record, 13-755 court decree, as; 3-237 delayed birth certificate; 13-755 military records; 6-415 passport, as; 3-680 blood tests to prove relationship; see Blood tests burden (Service) of justifying manner of obtaining evidence introduced; question of; 13-691; 15— 278, 722 certified copies of information and judgment re narcotics conviction; alien claims 5th Amendment; admissible; 15-183 citizen of U.S., prior admission of; weight; 2-428 communications, privileged; question of; 6-496; 12-830; 13-827 confidentiality of hospital records; Hawaii; question of; 14-68 consideration of material received into evidence; necessity of; 11-759 court dismissed sec. 503, 1940 Act, suit without entry final order; effect; 8-244 court record of testimony; witnesses not produced, although available; 6-300 customs officer, obtained by, during routine customs border search of suitcase carried by U.S.C. in which alien passport was found; seizure of passport did not exceed Service authority under section 287 (c) of the Act; 15-645 discrepancies, testimonial; on issue of relationship; 3-608; 5-232 documents in foreign language; necessity of translation; 15550 documents in possession of Service before arrest of alien who stood mute; 13-794; 15-645 exclusion proceedings; rules governing fair hearing, 2-469 (see also Exclusion) ex parte statement without cross-examination; opportunity for depositions declined; within Woodby rule; 14-58 fine proceeding; admissibility, even tho may tend impeach exclusion order; 10-240 foreign documents, not authenticated; 6 415 foreign record of conviction, authentication of; question of; 13-336 hearsay; objection to; 15-469 hospital & clinical records & testimony of physicians evidencing treatment; 14-68 hospital records containing opinions, conclusions, and hourly notes by hospital personnel; 8-523 illegally obtained, claim of; 13-691, 820; 14-294, 326, 739; 15-278, 722, 781 claim of; alien's testimony at dep. hearing, without more, establishes deportability; effect: 15-492 inferences from alien's refusal to testify; 6-246; 7-308; 8-568; 11-213 information from passport, introduction where alien stands mute; 15-645 information from seaman's discharge book, introduetion where alien stands mute; 11-489 interagency communication, by which Service became aware of alien's presence and location in U.S.; 15 474 judicial rules not binding; 5-752; 6-415; 11-213, 585; 13-70 manifest records, weight; 5-220, 370 motion to suppress as illegally obtained; 13-820; 14-739; 15-722, 781 newspaper articles; 11-759 objection to introduction, timeliness of; 6-726; 15 469 oral depositions taken from witnesses abroad when respondent nor his counsel present; 11-378 passport, alien stood mute; 15 645 physician employed by U.S. Public Health Service, testimony of; 5-738 police officers, obtained by, during search without warrant; introduction not violative of Fourth Amendment; 6-726 public charge, nature and quantum of evidence; 3644 refusal of alien to testify; 3-22; 4-556; 5-60; 175, 242, 370, 484, 738; 6-246, 415; 7-133, 271, 308; 11-213; 15-645 refusal of alien to testify: no right to refusal except on reasonable claim of 5th Amendment privilege; 15-781 seaman's Identity Book, alien stood mute; 13-794 self incrimination, privilege against; 4-720; 5—306; 6-246; 7-133, 308; 9-225; 15-781 Service files and testimony in unrelated proceedings, authority of hearing officer to subpoena; 5-60 Service officer's testimony as to oral statements of alien; 4-760 Service records; denial of request for examination of; 10-567 spouse's adverse testimony, waiver of privilege; 5-738; 6496 spouse's testimony re confidential communications during existence of marriage; 12-830; 13-374 State Department certification attesting to revocation of visa; 8-456 statement, derogatory; maker unavailable for crossexamination; 8-105 statement, ex parte, without cross-examination; opportunity for depositions declined; within Woodby rule; 14-58 statement of alien, preliminary (sworn) voluntarily made; admissibility; 9-225, 646; 11-213, 585 statement of alien, preliminary, voluntary in noncustodial setting; admissible not withstanding absence of Miranda warning; 12-302; 821; 13-632; 14-399 statement of alien, obtained following arrest without warrant in investigative search; admissible; 12603, 676 statement of alien, preliminary (sworn); necessity of identification where alien stands mute; 7-133, 308 statement of (Govt.) witness, request for production of; timeliness; 9-650 statement in Alien Registration Form; 4-475; 5-175 statements of alien taken without prior warning of possible adverse use; 5-370 statements of individual judge and law professor as to construction of State statute in question; 14—513 statements, pre-hearing, of Govt. witness; not requested during hearing; subsequent availability; 10-268 statements, pre-hearing; responsibility for determining existence of; 8-696 statements taken in preliminary investigation; 1—408; 4 475, 684; 5-306, 738; 13-95 statements that Govt. witnesses were perjurers; admissibility for impeachment purposes; 9-650 stipulations of fact: set aside, procedure to; 4-378 withdraw, alien's right to; 4-561 withdrawal by examining officer; 6-631 tainted; question of; 14-79 translations of documents asserted to be inaccurate; 6-726 translations of foreign language documents; necessity of; 15-550 undercover agent, testimony of; 5484 unrecorded statements; 4-760 unsigned statement of alien; 4-684 visa petition proceedings, in; of birth in U.S.; 13-755 Visa petition proceedings, in; of petitioner's prior marriage; 15-383 visa petition proceedings, in; VP denied on basis derogatory evidence of which petitioner unaware; effect; 14-226 warrant of deportation and Form I-294 issued in same name as subject of dep. proc.; 15-514 witness, credibility of; determination by special inquiry officer; 7-417 witness (Govt.), recall for further cross-examination; 8-696; 9-14, 650 witness who refused to furnish his address, competency of; 5-312 Exceptional hardship; sec. 212(e), 1952 Act; see Waiver of foreign residence requirement, sec. 212(e), 1952 Act Exchange visitor: adjustment of status; see Adjustment of status: sec. 245, 1952 Act allegations of unawareness of limitations of such status when first received; effect; 11-603 change of nonimmigrant status; see Status: nonimmigrant, change of, sec. 248 extension of stay; application for; 11-333 financed by govt. agency; State Dept. determination not conclusive; 15-85 financed in whole or in part, directly or indirectly, by a U.S. Government agency; question of; 14-340 foreign residence requirement, sec. 212(e), 1952 Act, as amended: accompanying spouse of exchange visitor (J-2); applicability of requirement; 14-113 alien admitted as spouse of exchange visitor (J-2); subject to; 11-893 alien recipient of Fulbright Travel Grant, admitted as F-1, status changed to exchange visitor; 14-340 waiver of; see Waiver of foreign residence requirement; sec. 212(e), 1952 Act program transfer; request for; 11-33 status, failure to maintain; see Deportation grounds: status, failure to maintain suspension of deportation, eligibility for; see Suspension of deportation waiver of foreign residence requirement; see Waiver of foreign residence requirement, sec. 212(e), 1952 Act Exclusion: adjudication of admissibility proper even tho alien's parole not terminated; 13-798 adjudication of admissibility (Fleuti-type departure); 15--789 adjudication of admissibility proper even tho returning following Fleuti-type departure; original adm. for perm. resid. thru fraud; 14-475 Administrative Procedure Act, applicability to boards of special inquiry; 4-121 alien brought involuntarily to U.S. & paroled for prosecution; question of subsequent exc. proc.; 14-367 American Indians born in Canada; see American Indians born in Canada applicability of exclusion proceedings; question of; 14-467, 475 applicability of sec. 241(f) benefits to alien under exc. proc.; 13-769 |