applicability of Woodby standard; 13-711 arrest (criminal) & escape from custody during parole; apprehension 7 yrs. later; effect; 13-587 based on same conduct for which previously finally excluded; question of new hearing; 12—462 board of special inquiry: fairness of hearing, unreasonable delay in disposing of alien's appeal; 2-172 grounds of exclusion; appellate body's right to lodge additional grounds; 2-406 jurisdiction, loss; when applicant entered before board's final order; 3-178 temporary exclusion; 8 CFR 175.57; hearing; 3-777 United States citizenship; board's right to adjudicate; 1-587 burden of proof; 3-777; 5-312 burden of proof; commuter; 13-711 (see also Burden of proof) claim brought to U.S. involuntarily; identical claim raised before courts in criminal proc.; 13-798 coming to commit a crime, immigrant or nonimmigrant classification; 2-43; 3-407 commuter; not within Fleuti ambit; 13-711 commuter; not within Fleuti ambit; original adm. for perm. resid. can be examined in exc. proc.; 15 488 conviction during parole; effect on admissibility; 9-143; 14-370 conviction during parole of violation of sec. 272, 1952 Act; exc. proc. precluded; 15-77 deportable upon entry; excludability in absence of specific exclusion ground; 1-293; 2-406; 7-565; 8-128, 291 effect of sec. 245 adjustment of status on preexisting ground of; 9-548 effect of sec. 249 adjustment of status on preexisting ground of; 8-288 entry into U.S. during pendency appeal from exc. order; effect; 13-242 estoppel, question of; VP apprvd & visa issued by Am. Consul basis adoption in Yemen prior to adm. dec. holding no system of legal adoption in Yemen; 15 430 estoppel of identical issue raised in criminal proceedings; 13-798 evidence; illegally obtained, claim of; 14-739 examining officer, right to cross-examine alien in exclusion proceedings; 8-24 excluded alien deemed not to have "entered" the United States; 3-543 exclusion proceedings; propriety of; 15-498, 508 foreign naval personnel, inspection on arrival; 2-293 ground; see Exclusion grounds 2 hearings, fair; mentally incompetent alien; 11-329 hearing, de novo; question of; exclusion based on same conduct for which previously finally excluded; 12-462 immigrant or nonimmigrant, determination of status; 3-379 inadmissibility (sec. 212(a)(22)), future; determination of, not germane dep. proc. on remained longer charge; 12-646 inadmissibility, waiver of, sec. 5, 6, or 7, 1957 Act; continuing effect; 10-1 indictment, admissibility while under; 2-172 inferences from alien's refusal to submit to crossexamination by examining officer; 8-24 Japanese or Korean national who entered Hawaii with limited passport; admissibility to mainland; 3-565 legality of original admission for permanent residence (Fleuti-type departure); 15-789 legality of original adm. for perm. resid. can be questioned in exc. proc. upon return following Fleutitype departure; 14-475 legislation enacted during parole of alien; effect on admissibility; 9-170 mentally incompetent alien; fair hearing; 11-329 motion, on appeal, to reopen proceedings to further develop evidence of defector classification under sec. 212(a)(28)(1)(ii); 15—58 motion to reopen proceedings, SIO decision on; Service right of appeal therefrom; 12-73 motion to reopen proceedings to apply for benefits sec. 241(f) based on birth of U.S. citizen child; 13-769 motion to suppress evidence allegedly illegally obtained; 14-739 place to which deportable; see Place of deportation recommendation of court against deportation, effect on exclusion proceedings; 3-236; 6—709; 9—121 returning resident alien: admissibility determined in exclusion (not dep.) hearing; 5 312; 12-358 admissibility determined under law in effect on date of issuance of reentry permit; 5-183; 7-229 burden of proof; 12-358; 13-711 'marriage on which entry for permanent residence based annulled ab initio; 7-565 right to hearing; 5-712 stowaway; right to hearing; 5-712 withdrawal of application for admission, during pendency of appeal from exc. order; question of; 15 4 Exclusion grounds: afflicted with dangerous contagious disease; sec. 212 (a)(6), 1952 Act: evidence; hospital & clinical records evidencing treatment, admissibility of; 14-68 affliction, physical or mental; wife of citizen, exemption, sec. 22, 1917 Act; 2-183 assisted alien; passage, reimbursement of society for, 1-111 assisted aliens for gain, 1952 Act: gain, actual or anticipated; question of; 12-358 certification of Sec. of Labor; sec. 212(a)(14), 1952 Act, as amended: after arrival not employed as maid for which certified; 12-328; 13-362 after arrival resumed prior unrelated employment; alien admitted as immigrant who has not lost status; eral office clerk until she meets local qualifications alien had no intention, or reasonable prospects, of working in certified field; excludable notwithstanding presentation 3d pref. visa; 13-606 alien in U.S. no longer in employment upon basis of which issued; effect on sec. 245 adj.; 12-694 alien left certified employment and obtained unrelated employment; no fraud; 12-827 certification of Sec. of Labor; sec. 212(a)(14), 1952 Act, as amended--Continued alien left certified employment because unable perform all the job duties described in certification request; 13-11 alien not destined to and had no intention of taking up certified employment; 13-847 alien obtained employment with different employer (uncertified) but in same occupation and same geographic employment region; effect; 15 426 alien reported to and actually pursued certified job for short time but intended throughout pursue other employment; 13-264 alien reported to certified employment but declined job, no lack of good faith; effect; 13-228 alien since admission has engaged in work totally unrelated to certified profession (nurse); no intent to work in certified profession shown; 15-650 alien will be supported by husband but desires to work; 15-439 applicability of requirement, test for determining; 12-182; 14-518 arrival in 1965, prior to amendment of sec. 212 (a)(14) by Act of 10-3-65; effect; 15 528 authority of SIO in exc. proc. to determine whether representation on which based was correct; 13-195 bona fide intent to engage in certified profession; 15 650 bona fide intent to work in U.S.; necessity of establishing, 11-751 certification, blanket, Schedule A; religious worker; 15-304 certification (cook's helper) cannot be made (Schedule B; 29 CFR 60); 11-781 certification invalid: alien did not intend at time of entry to engage in certified profession; 15-650 misrepresentation as to job offer and purported salary; 15 421 certification invalid, misrepresentation; other evidence of record establishes skill as claimed, effect; 13-199 certification, Schedule C; see Schedule C precertification under this mainline entry change of employer subsequent visa issuance & prior admision; no fraud; new certification obtained during course of appeal in exc. proc.; admissible; 13-283 coming to work at 2 different jobs; 12-114 commuter; effect on status of; 9-591 commuter; employment (at place labor dispute in progress) terminated while on parole; admissible; 14-518 Dept. of Labor guideline for issuance of; substantial compliance with; 13-195 divorcee, mother of 3 minors, self-employed parttime; 12-182 employee of foreign embassy in U.S. who is nonpref. immigrant alien; 12-348 excludability under sec. 212(a)(14) prior to amendment by Act of 10-3-65, question of; 15-528 exemption from; alien engaged in commercial or agricultural enterprise; question of; 12-86, 187; 14-349, 563; 15-142, 147 alien will be supported by husband but desires to work; 15 439 exemption from: As investor (8 CFR 212.8(b)(4): certification of Sec. of Labor; sec. 212(a)(14), 1952 Act, as amended-Continued exemption from--Continued As investor (8 CFR 212.8(b)(4): "actively in process of investing"; construed; 15 439 burden of proof is on alien claiming investor exemption; 15-729 exemption from, as investor (8 CFR 212.8(b)(4)): conditional intent to invest; 15-206 eligibility; question of; 15-408 exemption denied where requirements therefore were satisfied by experience gained or funds derived from illegal employment; 15-729 investment, alien has not made nor committed herself to make; 15-439 investment considered attempt to circumvent normal labor certification procedure; 15-585 investment of $10,000 not substantiated; effect; 15 729 investment; revolving inventory of business for whole year not the measure of; 15-81 promissory note may not be considered in computing amount of investment; 15 408 exemption from, as student under 8 CFR 212.8(b)(5) after Aug. 2, 1972, question of; question of; 14-603 exemption from, as unmarried child of perm. resident; married prior to entry; effect; 13-746, 782; 14-483 exemption from entry under Schedule C-Precertification List, claim of in dep. proc.; 13-782, 847 at exemption from; determination of unnecessity where sec. 245 applicant ineligible relief as matter of discretion; 11-796 exemption from; intending member of U.S. Armed Forces; question of; 14-734 exemption from; spouse of citizen unsuccessful in effecting marriage reconciliation after entry; 13-309 exemption from, under Schedule A: religious worker; 15-304 religious trainee; ineligible; 15-668 failure to obtain certified employment due solely to lack of job opening; 12-819 false representations as to job offer and purported salary; 15-421 false representations as to true employment or experience, issued on basis of; effect; 13-199 false representation as to true wage, issued on basis of; effect; 13-387 ineligible employer replaced by eligible one after receipt of visa; effect; 9-387 job offer (domestic) withdrawn day of arrival; secured another job as domestic; 13-1 job offer withdrawn prior to entry; effect; 12-599 job offer, withdrawn prior to entry; alien had actual knowledge of fact; 13-352 job offer withdrawn prior to issuance of visa and entry; alien had actual knowledge of fact; 15 426 landscape contractor, independent; 12-86 landscape gardner, self-employed; 11-630 machinist; substantial compliance with Labor training requirement; 13-195 minor (age 14), who assumed joint support of his family; 13-19 certification of Sec. of Labor; sec. 212(a)(14), 1952 Act, as amended-Continued necessity of; sec. 245 applicant employed in U.S. full time for 4 years; 11-756 nunc pro tunc determination in dep. proc. of alien's entitlement at entry under Schedule C-Precertification List; no authority for; 13-847 nurse, never practiced profession in the United States; 15650 purchase of common stock in employing corporation; effect; 15-147 religious trainee ineligible for blanket precertification under Schedule A; 15-668 Schedule A, blanket certification; religious worker; 15-304 Schedule A blanket labor certification validity controlled by alien's intention to engage in certified job or profession at time of entry; 15-650 Schedule A precertification; religious trainee ineligible; 15 668 Schedule C precertification determined by DD at a time he lacked authority under the regulations to do so; question of validity; 14-694 Schedule C precertification, improperly suspended; within rationale of Lewis-Mota, question of; 14 694 Schedule C-Precertification List; exemption from at entry, claim of in dep. proc.; 13-782, 847 Schedule C precertification qualifications (nonpref. sec. 245 applicant); authority to determine; 13-572 compliance with Labor training substantial guideline; 13-195 validity is limited to particular job certified; 15validity of Schedule A blanket labor certification controlled by alien's intent to engage in certified job or profession at the time of entry; 15— constitutional psychopathic inferiority, person of; sec. 3, 1917 Act: homosexual; 11-436 contract laborer: baker, supervisory; 8 371 cook, supervisory; 8-371 dancer, professional; chorus member; 1-593 employment previously acquired while in U.S. on visit; 2-374 hockey player, professional; 1-264 moving van helper, international; 3-750 primary purpose of entry as factor; 3-365 restaurant manager; 8-371 singer, professional; 1-682 skiing instructor; 1-198 crime, admission or conviction (see also Conviction of crime, Crime, admission of commission; Crimes involving moral turpitude; Moral turpitude; Pardon; Sentenced to confinement): American Indians born in Canada; 3-300 convicted after entry of crime committed prior to entry; 2-172 convicted while a U.S. citizen; 5-678; 9-524 conviction during parole; effect; 9-143; 14-370 conviction not in U.S.; 7-356; 8-469; 11-242 conviction of forgery and uttering constitutes single crime; 10-747 essential elements, acts constituting; see Crime, admission of commission: essential elements, acts constituting crime, admission or conviction-Continued aggravated embezzlement, Italy; 10-593 benefits of sec. 4, 1954 Act; applicability; 6-738; benefits of sec. 4; applicability where alien committed 2 offenses one offense expunged; 7-495 benefits of sec. 4, effect of disabilities flowing from conviction; 7-147 classification of offenses committed abroad; 6508 contributing to delinquency of minor, Canada; 12-170 destruction of own property, fraudulent; Italy; 15-284 disorderly conduct (jostling), New York; 6-762 false pretence, Canada; 14-330 larceny, petty; Illinois; 6-331 offense punishable by divisible statute; classification; 7-153; 9-280 "otherwise admissible" requirement; 9-280 proviso as to "only one such offense"; 6-435; 7-495; 9-218 punishment "actually imposed", determination of; 84 punishment actually imposed less than 6 mos.; maximun sentence provided by State statute exceeds 1 year; 8-488 punishment, question of; sentenced to state imprisonment (Calif.), sentence suspended and probation granted; 15-212 receiving stolen property; Illinois; 11-239 robo and lesiones, Mexico; 10-7 sentenced to imprisonment for more than 6 mos.; 8 453 political offense; 4-108 recommendation against deportation; see Recommendation against deportation suspension of execution of sentence as factor; 3-569 time of admission, requirement; 5-676 two crimes before 18th birthday; 1952 Act; 5—639 two or more offenses, sec. 212(a)(10); aggregate sentences to confinement of 5 years of more, question of; 14-24 waiver of: alien at liberty under sentence-imposed bond; 10-755 alien convicted of continued extortion in operation resembling organized criminal band; 11-21 alien entered as nonimmigrant; ineligible; 13-43 alien in U.S.; ineligible for sec. 245 adjustment, effect; 12-399; 13-42 alien separated from wife but supporting her and their 2 U.S. citizen children; 12-319 alien still in prison; 14-24 alien under dep. proc.; ineligible for sec. 249 adjustment, effect; 13-42 alien's marriage to wife on whom hardship claim based did not exist at time of last entry; ineligible; 11-259; 13—42 authority of SIO to grant in exclusion proceedings; 11-175 crime, admission or conviction-Continued waiver of-Continued "extreme hardship"; determination of; 11-560, "extreme hardship"; term construed; 12-810 nunc pro tunc; question of; 11-259; 13-42 departure to avoid armed forces duty: after induction; 2-482; 3-265 after order to report for induction; 14-160 age, below (few days before 18th birthday); 2—417 draft delinquents; 2-420 liability for duty, as factor; 2-282, 401, 417; nonimmigrant, formerly a lawful permanent resi- nonimmigrant, formerly a law. perm. resid. [who primary purpose; application of standards for ex- retroactive effect of statute; 2-401, 417, 482 availability relief under sec. 7, 1957 Act, to alien concealment of arrests; 9-623 concealment of arrest and conviction; 6-813 concealment of criminal conviction, crime con- cealed subsequently pardoned; 7-508 tion; doctrine of estoppel inoperative to sustain extensions of stay as "documentation"; 6-315 failure to divulge prior unlawful residence in U.S. failure to reveal arrest and pending criminal pro- failure to reveal C.P. membership; claim not false letter of employment; alien commuter; false statements by nonimmigrant student as to forged affidavit of support; 7-464 fraud, distinguished from "willful misrepresenta- fraud or misrepresentation, sec. 212(a)(19), 1952 marital status, concealment of relevant facts; materiality of misrepresentation; 7-40, 76, 222; materiality of misrepresentation; criteria for de- misrepresentation as to identity; 9-602, 636; "other documentation" defined; 7-486 procurement of documents for another; 6-259 purchase of entry document from private indi- 6-149, 752 and prospective application; spurious offer of employment; 10-409 alien inadmissible on grounds other than sec. 212 authority of SIO to grant in exclusion proceed- complete rehabilitation and reformation evi- hardship; question of; 10-696 deaf mute; ineligible per se for exemption; exempted persons; 2-260 lawful permanent resident, returning; 3-159 Rican residents; 3-159 religious presecutee; 1-280; 2-260; 3-801 test, kind of; 2-620 immoral purpose; 1-71, 218, 373; 3-218; 5-185; ineligible to citizenship (see also Ineligibility to citi- armed forces deserter in wartime; effect of possi- nonimmigrant, seeking entry as; 5—441 reentry permit issued after Dec. 24, 1952; 7-229 sec. 212(a)(22) inadmissibility limited to immi- insanity, prior attack; evidence; 2-68; 8-12 mentally retarded, sec. 212(a)(1): Class "A" certification as; not advised of right to narcotic drug addict: fraud or misrepresentation, sec. 212(a)(19), 1952 narcotic drug addict-Continued conviction under Calif. Health & Safety Code; narcotics, offenses relating to (see also Deportation tional pardon; 12-325; 335 conviction while in U.S. under parole; 11-625 illicit traffic in, determination, 1952 Act; 5-190; marijuana, includes “cannabis resin" within mean- possession of, within meaning of 1952 Act; 5-169 nonsignatory line, brought to contiguous territory admitted to U.S. in transit to contiguous terri- seaman, brought as; 1-115 vessel owned by U.S. Government; 4-290 authority of issuing officer; 6-584 entry in 1922; 6-540 passport valid date of arrival (prior to Dec. 24, pauper, definition; 2-131 permission to reapply, no (after deportation); alien's lack of knowledge of need to obtain per- American Indians born in Canada, applicability effect of reinterpretation of law (favorable to alien) entry before 1929 Act; 2-180; 3-76 evidence; sufficiency; question of; 15— nunc pro tunc relief; 6-73 prostitute; 3-818 seaman; 2-12; 3-83 polygamy, persons who practice or advocate; bigamy prejudicial to interests of U.S. (see also Subversive): pacifist; 5-248 possession of small quantity of marijuana cigarettes prostitution, sec. 212(a)(12), 1952 Act: availability relief under sec. 5, 1957 Act, to alien in employed in house of prostitution as nurse; 7-432 prostitution, sec. 212(a)(12), 1952 Act-Continued psychopathic inferiority, constitutional, person of; sec. homosexual; 11-436; 12-302, 308 psychopathic personality, etc., afflicted with; sec. 212 "Class A" certification as; irregular procedures in homosexual; 7-258; 8-409; 11—224; 12—821 sex deviate; 11-224 sex deviate; effect of irregular procedures in is- public charge, likely to become: applicant expects to be supported by old age assis- employment offer, absence of; effect; 10-421-3 hospitalization for insanity in State where no charge pauper, in connection with; 2-131 test for determining deportability as public charge welfare recipient; 15-136 wife and minor son, otherwise admissible, accom- vice, unlawful commercialized, sec. 212(a)(12), 1952 coming to U.S. to engage in; 6—98, 540 visa charge (see also Deportation grounds: visa AR Card presented upon reentry from Mexico in birth in U.S.; refusal to testify regarding conviction death of principal alien prior to admission of accom- employment offer no longer open; 6-581 expiration of visa prior to embarkation on overseas expiration of visa while en route to U.S.; 1-154 concealment of criminal record; 3-20, 641; concealment of criminal record in connection with concealment of illegitimate child; 6—77 failure to disclose prior unlawful residence in fictitious name, use of; 2-638 maiden name, use of 6-746 marital status, failure to reveal all relevant facts; spurious offer of employment; 10-409 |