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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;
took up certified job belatedly (more than a year
after entry); 13—362

alien admitted as immigrant who has not lost status;
exempt on subsequent entries; 14-518
alien certified as legal aide; intends to work as gen-

eral office clerk until she meets local qualifications
in her profession; admissible; 13-729
alien destined to existing certified job with intent of
taking up employment; effect; 13-228
alien financially secure; intends to continue college
studies; 11-674

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
pardon, effect of; see Pardon
petty offenses:

aggravated embezzlement, Italy; 10-593
aggravated theft, Italy; 12-508
attempted fraud, Greece; 14-266
attempted murder; Lebanon; 14-117

benefits of sec. 4, 1954 Act; applicability; 6-738;
7-147

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,
635; 12-319; 14-185

"extreme hardship"; term construed; 12-810
"extreme hardship" to alien himself; not a factor;
12-810

nunc pro tunc; question of; 11-259; 13-42
pattern of responsible conduct and marriage sta-
bility now reflected; 11-560

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
"commuter" at time of departure; effect; 12-621
desertion from armed forces; 2-482; 3-266;
11-501

draft delinquents; 2-420

liability for duty, as factor; 2-282, 401, 417;
14-160

nonimmigrant, formerly a lawful permanent resi-
dent; 6-186

nonimmigrant, formerly a law. perm. resid. [who
departed under induction orders to return as
draft-free nonimmigrant]; 13-268

primary purpose; application of standards for ex-
patriation under section 401(j), 1940 Act, for same
cause; 4-452, 6-146

retroactive effect of statute; 2-401, 417, 482
fraud or misrepresentation, sec. 212(a)(19), 1952 Act:
alien previously finally excluded; introduction of
prior record to establish present excludability,
question of; 12-462

availability relief under sec. 7, 1957 Act, to alien
in U.S. ineligible for preexamination; 8-68
citizen's identification card as "documentation";
7-486

concealment of arrests; 9-623

concealment of arrest and conviction; 6-813
concealment of Communist Party membership;
9-627

concealment of criminal conviction, crime con-

cealed subsequently pardoned; 7-508
concealment of police record; 6-584
conspiracy conviction re entry by misrepresenta-

tion; doctrine of estoppel inoperative to sustain
ground absent specific findings by court;
10-214

extensions of stay as "documentation"; 6-315
failure to disclose prior deportation; 7-161;
10-231

failure to divulge prior unlawful residence in U.S.
7-306

failure to reveal arrest and pending criminal pro-
ceedings; 9506

failure to reveal C.P. membership; claim not
ideologically a Communist, as defense against
willfulness of misrepresentation; 9-570
false identity, entry under (as nonimmigrant);
14- 454

false letter of employment; alien commuter;
11-738

false statements by nonimmigrant student as to
financial status; 8-394

forged affidavit of support; 7-464

fraud, distinguished from "willful misrepresenta-
tion"; 7-161

fraud or misrepresentation, sec. 212(a)(19), 1952
Act-Continued

marital status, concealment of relevant facts;
7-182; 11-196

materiality of misrepresentation; 7-40, 76, 222;
8-134, 473; 9-602, 623, 627, 636; 10-409;
15-288

materiality of misrepresentation; criteria for de-
termining; 9-436

misrepresentation as to identity; 9-602, 636;
10-87, 109; 14-454; 15-288
misrepresentation cut off relevant inquiry; bur-
den on alien to establish true facts; 9-436
misrepresentation; intent to deceive not an ele-
ment; 15-288

"other documentation" defined; 7-486
procurement of documentation; 7-73

procurement of documents for another; 6-259
procurement of laborer's permit in name of
another; 6-164; 7-233

purchase of entry document from private indi-
vidual; 9-324
retrospective

6-149, 752

and prospective application;

spurious offer of employment; 10-409
waiver of:

alien inadmissible on grounds other than sec. 212
(a)(19); ineligible; 15-

authority of SIO to grant in exclusion proceed-
ings; 11-175

complete rehabilitation and reformation evi-
denced; 10696

hardship; question of; 10-696
illiterate:

deaf mute; ineligible per se for exemption;
14-677

exempted persons; 2-260

lawful permanent resident, returning; 3-159
mainland, coming from Hawaii or Guam; Puerto

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;
6 444

ineligible to citizenship (see also Ineligibility to citi-
zenship):

armed forces deserter in wartime; effect of possi-
ble repatriation under section 349(a)(8); 6—698
convicted of murder; 13-166
generally (aliens claiming exemption from service
in armed forces on account of alienage); 2-545,
858; 3-249; 5-106, 206, 301; 6-766; 9-720;
13-715

nonimmigrant, seeking entry as; 5—441
permanent resident of Puerto Rico visiting conti-
nental U.S.; 5-441

reentry permit issued after Dec. 24, 1952; 7-229
reentry permit issued prior to Dec. 24, 1952;
5-183

sec. 212(a)(22) inadmissibility limited to immi-
grants; 5 441

insanity, prior attack; evidence; 2-68; 8-12
mental defect; temporary illness due to wartime
experiences; 8-646

mentally retarded, sec. 212(a)(1):

Class "A" certification as; not advised of right to
appeal; effect; 13-611

narcotic drug addict:

fraud or misrepresentation, sec. 212(a)(19), 1952
Act-Continued

narcotic drug addict-Continued

conviction under Calif. Health & Safety Code;
6374

narcotics, offenses relating to (see also Deportation
grounds: narcotics, offenses relating to):
conviction after Feb. 18, 1931; 1-293
conviction before Feb. 18, 1931; 2-406
conviction in 1935, sentence suspended; 3-387
conviction in 1947; recommendation against de-
portation; effect; 1952 Act; 6-709
conviction under Dangerous Drugs Act of 1965 of
England for possession of marijuana; 15—9
conviction while in U.S.; effect of full & uncondi-

tional pardon; 12-325; 335

conviction while in U.S. under parole; 11-625
facts outside conviction record; 5-479

illicit traffic in, determination, 1952 Act; 5-190;
7-675; 15-203

marijuana, includes “cannabis resin" within mean-
ing of sec. 212(a)(23), 1952 Act; 15-9
possession, illegal, of marijuana, with intent to
distribute; 15-244

possession of, within meaning of 1952 Act; 5-169
use, unlawful; may not be equated with unlawful
possession; 13-569

nonsignatory line, brought to contiguous territory
via:

admitted to U.S. in transit to contiguous terri-
tory; 6-735

seaman, brought as; 1-115

vessel owned by U.S. Government; 4-290
passport, no valid:

authority of issuing officer; 6-584

entry in 1922; 6-540

passport valid date of arrival (prior to Dec. 24,
1952); final determination admissibility de-
layed; 7-1

pauper, definition; 2-131

permission to reapply, no (after deportation);
agricultural laborer; 1-624; 10-231, 613

alien's lack of knowledge of need to obtain per-
mission; effect; 15 348

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American Indians born in Canada, applicability
to; 3-300

effect of reinterpretation of law (favorable to alien)
upon which deportation was based; 2-180;
3-76, 83, 605, 818, 4-173

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
distinguished; 6-9

prejudicial to interests of U.S. (see also Subversive):
limitation on power of board of special inquiry;
1-575

pacifist; 5-248

possession of small quantity of marijuana cigarettes
at entry; 15

prostitution, sec. 212(a)(12), 1952 Act:

availability relief under sec. 5, 1957 Act, to alien in
U.S. ineligible for preexamination; 8-68
-committed under duress; 7-251

employed in house of prostitution as nurse; 7-432
past practice; 5559

prostitution, sec. 212(a)(12), 1952 Act-Continued
procuring male persons for purpose of; 7-392
waiver of, sec. 212(h); see Exclusion grounds: crime,
admission or conviction: waiver of

psychopathic inferiority, constitutional, person of; sec.
3, 1917 Act:

homosexual; 11-436; 12-302, 308

psychopathic personality, etc., afflicted with; sec. 212
(a)(4), 1952 Act:

"Class A" certification as; irregular procedures in
issuance of; effect; 12-528
exhibitionists; 9-393

homosexual; 7-258; 8-409; 11—224; 12—821
mental defect; temporary illness due to wartime
experiences; 8-646

sex deviate; 11-224

sex deviate; effect of irregular procedures in is-
suance by USPHS of "Class A" certification as;
12-528

public charge, likely to become:

applicant expects to be supported by old age assis-
tance; 14-583

employment offer, absence of; effect; 10-421-3
factors to be considered; 14-583

hospitalization for insanity in State where no charge
is made; 2-78

pauper, in connection with; 2-131

test for determining deportability as public charge
inapplicable; 14-583

welfare recipient; 15-136

wife and minor son, otherwise admissible, accom-
panying excludable husband-father; 3-641
subversive; see Subversive

vice, unlawful commercialized, sec. 212(a)(12), 1952
Act:

coming to U.S. to engage in; 6—98, 540
usury or "loan sharking"; 6-98

visa charge (see also Deportation grounds: visa
charge; Exclusion grounds: fraud or misrepre-
sentation; Immigrant; Nonimmigrant):

AR Card presented upon reentry from Mexico in
1961 following visit to Cuba: 11-615

birth in U.S.; refusal to testify regarding conviction
for draft evasion; 7-323

death of principal alien prior to admission of accom-
panying child; effect; 14—122

employment offer no longer open; 6-581

expiration of visa prior to embarkation on overseas
journey to U.S.; 7—298

expiration of visa while en route to U.S.; 1-154
fraud, obtained by:

concealment of criminal record; 3-20, 641;
6-813

concealment of criminal record in connection with
returning resident's prior (original) visa;
2-178

concealment of illegitimate child; 6—77
concealment of marriage; 6-746
employment offer no longer open; 6-581
failure to disclose membership foreign Com-
munist Party; 7-465

failure to disclose prior unlawful residence in
U.S.; 7-306

fictitious name, use of; 2-638

maiden name, use of 6-746

marital status, failure to reveal all relevant facts;
6-9; 7-182, 397, 420

spurious offer of employment; 10-409

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