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204(c), 1952 Act, as amended; see Visa: petition for:
sec. 204(c), 1952 Act, as amended
child, adopted in conformity sec. 101(b)(1)(E); ineligi-
ble thru U.S. cit. natural parent; 13-173
child-step; marriage creating status a sham; 15-516
death of U.S. citizen petitioner spouse during pen-
dency of VP; effect; 13-453

evidence of U.S.C. petitioner's birth in U.S.; question
of; 13-755

marriage in Korea to U.S. citizen whose prior mar-
riage terminated by Mexican "mail order" divorce;
11-482

marriage to U.S. citizen not consumated; parties have
never lived together; 11-613

marriage to U.S. citizen:

citizen petitioner has never lived with nor sup-
ported beneficiary/wife; 15-385
marriage to U.S. citizen; prior common-law relation-
ship in Mexico; 13-584

marriage to U.S. citizen; prior Hong Kong ceremonial
marriage terminated by Chinese mutual consent di-
vorce; 11-853; 12-29

marriage to U.S. citizen (N. Y.); prior marriage termi-
nated by Ecuadorian divorce, neither party physi-
cally present; 14-472

natural parent of adult citizen adopted while under 14
but who did not enter U.S. as adopted child;

12 421

marriage to U.S. citizen:

prior marriage terminated in India by Buddist
agreement after date of marriage which supports
visa petition; 15-706

where prior Dominican divorce had not been “de-
clared" or pronounced in accordance with Domini-
can law was invalid for immigration purposes and
visa petition was denied; 15-659

Immigrant (see also Nonquota immigrant):
adjustment to nonimmigrant status; sec. 247, 1952
Act; see Adjustment of status

classification, immigrant or nonimmigrant:
agricultural laborer; 6-491

annual crosser, bringing Christmas trees to sell;
6 533

beneficiary approved 1st pref. VP; ineligible (H)(i)
nonimmigrant status to fill same position;
10-715

crime, alien coming to commit; 2-43; 3-407

daily crosser, to collect scrap to be sold in Mexico;
4-217

daily crosser, to work in automobile plant; 6-255
entering to demolish house (his) and take salvage-
able lumber back to Mexico; 12-547

farmers, coming to sell produce in U.S. markets;
6 827

frequent crosser, to purchase firewood to be sold in
Mexico; 10-544

intern; 8 460

order taker for Hong Kong clothing manufacturer;
does not solicit; 11-824

salesman, to solicit orders; 8-206

seaman, inadmissible because previously deported;
8-83

truck driver, coming to deliver meat; 6-711
truck driver, daily crosser, coming to deliver fish to
U.S. employer; 6-832

TRWOV; following arrival as, applied for admission
as political refugee; 11-501

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bona fide, but inadmissible under 1917 Act; 2-12
doubtful (intent to take up residence); 3—379
effect of previously expressed desire to enter as
immigrant; 7-651

work of permanent nature, coming to perform;
2-240; 3-857; 8-460; 10654, 715
commuter; see Commuter

head tax, nonpayment; effect on status; 2-250
status as, derived thru parent under sec. 203(a)(9);
death of parent; effect on; 14—122
Immigration judge; see Special inquiry officer
Immigration officer:

authority to apprehend alien within reasonable dis-
tance of U.S. border; 13-838

authority to detain and interrogate alien without war-
rant; 13-838

Immoral purpose, entry for; see Exclusion grounds
Imprisonment; see Sentenced to confinement
Indians, American, born in Canada; see American
Indians born in Canada

Industrial trainee:

actual training deviates from authorized program; ef-
fect; 10-456

agricultural (orcharding), in; 10-647; 11-363
agricultural (vegetable growing), in; 11-424
availability of training elsewhere, as factor; 14-190
international freight traffic clerk; 12-389
medical resident; 12-768

"on record" statements re unavailability training out-
side U.S. & nondisplacement of U.S. workers; suffi-
ciency, alone, of; question of; 14-190

possible ultimate employment in U.S., as factor;
11-764

prior experience in same field; effect; 10-644;
11-363

productive employment; question of; 11-63, 363;
12-389, 768; 14-190

requisite training program, as factor; 10--647;
11-63, 363, 424; 14-190

retail floristry, in; alien is a skilled ornamental hor-
ticulturist; 11-157

travel agent, as; 10-644
Ineligibility to citizenship:

alien claiming exemption from military service:

Act of 1924, as amended, secs. 13(c) and 28(e);
2-545, 858, 899, 914; 3-249

alien enemy's "objection" service; 6-342
Argentinian, perm. resident, classified 1-A, indue-
tion indefinitely postponed; 13-715

called for service after his country became cobel-
ligerent but found physically unfit; 2--545;
3-249

effectively relieved from military service; question
of; 13-715

later willingness to serve but found physically unfit;
4-130

medical student; 5-106

Mexican, filed DSS 301 after his country became
cobelligerent; sec. 315, 1952 Act; 6-766
Mexican national, upon advice of Mexican consulate,
filed DSS 301 without reading it or being made
aware of consequences; 9-720

nonliability because of age; 5-593

nonliability because of nonresidence; 6-176

Ineligibility to citizenship-Continued

alien claiming exemption from military service-
-Continued

Palestinian, filed DSS 301, June 16, 1943; 5-301
permanent resident, U.M.T.S.A. of 1951; 6-140
13-715

residing in U.S. illegally; 4-130

returning resident, admissibility as; 4-180;
13-715

seaman in U.S., before expiration of 3-mo. grace
period; 4-348

subsequent service in armed forces; effect; 9-106
Swiss citizen, filed application after having it ex-
plained to him and being made aware of conse-
quences; 7-561

Swiss national, filing application because of misap-
prehension induced by Swiss legation; 4-500;
5-206, 625

visitor; 4-5

alien convicted of murder, not within sec. 101(a) 19);
13-166

armed forces deserter in wartime, within sec. 101

(a)(19); 6-698, 756

racial:

Afghans; 2-253

Arabs; 1-174; 2-253

Armenians; 2-258; 4-106, 278

Hindus; 2-253

Kalmuks; 4-275

Parsees; 2-253

Siamese, mixed blood; 3-304

Tartars; 4-104

returning resident, admissibility as; 7-229
Information from Service records:

racial discrimination, to prove; 6-573

Information furnished returning resident by Am.
Consul presumed correct absent evidence to con-
trary; 12-443

Insanity, prior attack; see Exclusion grounds
Inspected and admitted, question of; see Adjustment
of status: sec. 1, Act of Nov. 2, 1966; Adjustment of
status: sec. 245, 1952 Act

Inspection; aliens in transit without transshipment
from vessel; 6-362

Inspection; all persons on vessels arriving from
foreign; 1-370

Inspection; crew of vessels arriving for bunkers;
5-296

Inspection, within meaning of immigration; 15-734
Inspection, within meaning of immigration laws;
question of; 11-712

Institutionalized at public expense (sec. 241(a)(3));
see Deportation grounds: public expense, institu-
tionalized at

Insular possession; entry into continental U.S.
from; 3-632; 7-201

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Intra-company transferee:

affiliate or subsidiary firm; question of; 13-647, 816;
15 - 5

alien eligible (L) classification notwithstanding al-

ready beneficiary of apprvd. 6th pref. VP; 13-601
alien's salary will be paid by foreign affiliate of peti-
tioning co., eligible notwithstanding; 14-569
employment, continuous (1-year):

intervening stay in U.S. as H-3 trainee; effect;
14-140

must have been in executive, managerial or special-
ized knowledge capacity; 13-654
executive; 13-601

existing office of employer, benef. coming to; not re-
quired by statute; 13-816

"specialized knowledge", alien of; 13-618
"specialized knowledge" qualifies alien for (L) classifi-
cation as manager; 13-654

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Jamaica, B.W.I.; adjacent island; preexamination; 8
CFR 142; 3-704

Japanese or Koreans who entered Hawaii with
laborers' limited passports; admissibility to main-
land; 3-565

Jay Treaty of 1794 affecting American Indians; see
American Indians born in Canada

Judgment of denaturalization void on its face be-
cause of indication that summons never served;
6-366

Judicial review of BIA order, remand for further
proceedings; procedure, question of; 14-262
Judicial review, petition for; sec. 106(a), 1952 Act;
see Deportation: order of, final; see also Deporta-
tion: reopening of proceedings
Jus Sanguinis; 3—589
Jus soli; 2-183; 3-589
Juvenile delinquency:

Australia; 3-368; 4-548
California; 2-92, 120

Canada; 2-319, 518; 3-56, 368, 723; 5-639
deportation or exclusion ground, not; 3-725

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laborers' limited passports; admissibility to main-
land; 3-565

Kwajalein, as foreign place within meaning of im-
migration laws; 7—128

L

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

Labor, contract; see Exclusion grounds: contract
labor

Labor Progressive Party of Canda; see Subversive
Landing alien without permission; see Fine: prevent
unauthorized landing, failure to

Lawful admission to U.S. for permanent residence:
admitted as member armed forces; failed meet re-
quirements Act of June 30, 1950, as amended; 8-21
admitted as member armed forces; honorably dis-
charged after less than 5 years service; 10-17
admitted as natz. citz. 1952, naturalization later re-
voked for actual fraud; 5—759
admitted in possession of visa to which not entitled;
never acquired lawful status; 14-12

amendment or creation of entry record to show; see
Entry record, amendment or creation, to show ad-
mission for permanent residence

"Barred Zone" native, admitted for study in 1920;
subsequent continuous maintenance of exempt
status; 3-304

child; born abroad, erroneously admitted as ret. resi-
dent Feb. 1924; sec. 14, 1924 Act; 3-815

child, born abroad while citizen mother on visit; ac-
companied mother on first return; no visa; 7-311
citizen at birth under R.S. 1993, admitted to U.S. in
1948, parent's naturalization previously cancelled
for presumptive fraud, 1906 Act; 5-218, 517
conditional entrant under sec. 203(a)(7); 12—609
excludable at time of entry, 1927, on criminal ground
although in possession of immigration visa; 2-178
foreign government official, servant of; admitted 1919;
3-638

legality of original admission (Fleuti -type departure);

15 789

legality of original adm. can be questioned in exc.
proc. upon return from brief absence notwithstand-
ing Fleuti-type departure; 14-475

natz'd. citizen expatriated during temp. visit abroad;
effect on; 11-414

noncitizen national; rights of; 15-315
presumption of, pursuant to 8 CFR 4.2(j) [now
101.1(i)); 8—371; 12—127; 13—557; 15-95
presumption of, pursuant to 8 CFR 101. 1(i); 9-82, 85
presumption of, pursuant 8 CFR 101. 1(j); 8-313, 421;
9-610; 12-704

residence, permanent; see Residence

sec. 13(b), 1924 Act; 2-252; 3-160

"such status not having changed"; question of; 6-396;
9-749; 11-414; 12-127

Virgin Islands, entry to, prior to July 1, 1938; 1-414
Lawful permanent resident:

adjustment of status to that of nonimmigrant; see Ad-
justment of status: sec. 247, 1952 Act

alien born in U.S. of parents in diplomatic status;
11-190

alien recipient of benefits of sec. 241(f) of 1952 Act, as
amended; 15-458

noncitizen national; rights of, notwithstanding never
resided in U.S.; 15-315

Lawful permanent resident-Continued
returning as; see Returning lawful permanent resident
alien

noncitizen national, status of, equated with that of
law. perm. resid. for VP purposes; 6-555
status as, not affected by natz'd. citz's. expatriatory
act during temp. visit abroad; 11-414

status as, terminated by removal pursuant sec. 23,
1917 Act; 11-740

under 8 CFR 176. 101(n); 3-519

Legal separation, definition and application, sec.
314(c), 1940 Act; 3-742, 850
Legislative pardon; see Pardon

Legitimate child (see Child: legitimate)
Legitimation (see also Child):

applicability of sec. 205, 1940 Act; 1-301; 3-226, 794;
4-440

Austria:

adoption distinguished from; 6—161

mere acknowledgment does not constitute; 12-199
British Guiana; 9-246

British Honduras; 13-177

California; sec. 230, Civil Code; 6-325; 10-288, 466;
11-183; 12-503, 628; 13-644; 15-370

California; sec. 320, Civil Code; by natural father;
effect on citizenship acquisition:

Revised Statutes, sec. 1993; 4-354; 15-341 sec.
314(e), 1940 Act; 3-742
China; 6-305; 10-288

decree of State court (Tenn.) as to relationship, collat-
eral attack by Service upon; 3-657
Dominica, British West Indies; 15-544
Dominican Republic; 13—367
France; 7-338

Germany; 12-210

Greece; 12-99

Guadeloupe, French West Indies; 14-435
Guyana; 13-604

Haiti; 14-183

Hungary; 9-518

Indonesia; acknowledgment does not constitute;
10-744

Italy; acknowledgment or recognition, as; 7-438;
9-268

Italy; child begotten of one married and one unmarried
parent; 7-441

Italy; proxy marriage of parents, by; 5-698
Japan; 12-265

Korea; 13 46; 14-561

Liberia; 15-272

loss of citizenship acquired through mother, upon
mother's subsequent marriage to alien father;
3-485

Louisiana; 13-666

Massachusetts; 9-244

Mexico; State of Michoacan; 15-248
Michigan; 9-268

Montserrat, West Indies; 14-16

Netherlands; acknowledgment alone does not consti-

tute; 12-11

New York; 10-92
Nigeria; 14-521

Ohio; 7-373

Panama; 13-613

Pennsylvania; child of foreign incestuous marriage;
6-337

Philippine Islands; 11-885; 14-427

Poland; 8-73; 11-287; 14-303

Portugal; 7-448; 9-242

Puerto Rico; 13–367

Rhode Island; 5-689

rights of legitimated child retroactive to date of birth;

3-225

Spain; 9-597

Surinam; 9-223

Trinidad, B.W.I.; 10-92

Virgin Islands; adoption by natural father, as con-
stituting; 11-691

Yugoslavia; 11-365

Lewdness, offenses involving; see Crimes involving
moral turpitude

Likely to become a public charge; see Exclusion
grounds: public charge, likely to become

Literacy, unable to read; see Exclusion grounds: il-
literate

Lithuania:

acquisition of nationality; 3-701

nationality treaty with U.S., 1938; 4-321
Loss of citizenship; see Citizenship-loss

M

Maintenance of status & departure bond; see Bond:
maintenance of status & departure

Manifests; crew and passengers, fines in connection
with; see Fine

Marihuana; see Deportation grounds: narcotics;
Exclusion grounds: narcotics; Narcotics
Marriage:

annulment; see Annulment

between first cousins:

contracted in Colorado; validity in Illinois, State of
residence; 10-722

contracted in South Carolina to avoid statutory pro-

hibition of Wisconsin, State of residence; 12-439

between uncle and niece:

Calif., intended cohabitation in; 4-239
Illinois, intended cohabitation in; 3-465
Italy; dispensation by King; 2-619
Minnesota, intended cohabitation in; 3-466
Nevada; 11-200

New York, intended cohabitation in; 15-778
Pennsylvania; foreign marriage; 6-337 8-529
Pennsylvania; intended cohabitation in; 4-632
Poland (as to Hebrews); 2-618

Portugal; 4-239

Rhode island; 2-619; 4-632

Rumania; 2-619

Russia (as to Hebrews); 2-618
Washington; 2-618

Wisconsin; intended cohabitation in; 3—466
bona fides of; BIA & SIO not precluded from finding a
lack of for disc. relief purposes notwithstanding
prior unrevoked immediate relative VP; 14–237
California, in; following divorce obtained in Mexico at
time when both parties thereto residents of &
domiciled in Mexico; 13-244

California, in; prior marriage not legally terminated;
separated from prior spouse over five years and no
knowledge if living, sec. 4401(2), Cal. Civil Code;
15-256

China, in, 1944, to concubine; prior 1925 marriage not
terminated legally until 1967; 12-404

Colombia, by religious ceremony without civil regis-
tration; 10-767

common law:

Canada; 5-185

common law-Continued

conflict of laws, Texas and Mexico; 1-301
Czechoslovakia; 5—757

England; 5-185

Hungary; 10-555

Mexico; 1-301; 13-177; 14-255
Mexico, State of Tamaulipas; 14—608
New York; 1-608; 5-163; 8-562
Ohio; 11-914

Pennsylvania; 10-609
Philippine Islands; 14-427

Texas; 4-405; 14-255

contracted [in Belgium] prior to German annulment of
preexisting marriage; validity of; 9-275

contracted to obtain housekeeper; no cohabitation; no
fraud; 12-663

court decree, State (Mich.), affirming validity of 2d
marriage despite purported undissolved prior mar-
riage; effect; 11-205

dissolution of:

Buddist: 15-706

dissolution of, Czechoslovakia (Sudetenland); 3—851
dissolution of:

Hong Kong, unregistered Chinese customary mar-
riage; 15 464

divorce; see Divorce

Egypt; no wedding ceremony, effect; 15-546
England; following Moslem divorce obtained in absen-
tia in Pakistan; 10-561

England; requirement of court decree to establish
death of former spouse; 6-440

expatriative effect (marriage to alien), 1907 Act;
2-780

Georgia, contracted in; between uncle and niece,
15-778

Ghana; customary marriage; 14—502

Hong Kong, in; pursuant Marriage Ordinance; under
assumed names; no marriage fraud involved; 12-90
Hong Kong, in; pursuant Marriage Reform Act (1971);
no marriage license; marriage not registered;
housekeeper, to obtain; no cohabitation; no fraud
12-663

Illinois, contracted in, shortly after Mexican divorce
prohibiting remarriage within 1 year; 12-237
Japan:

Japanese ceremony in U.S., subsequent registra-
tion when both parties in Japan followed by
cohabitation; 7-354

Japanese or Christian ceremony, registered in ac-
cordance with Japanese law, citizen spouse not in
Japan at time of registration; 4—622
registration, necessity; 6-522
registration at time citizen husband was in U.S. and
wife in Japan, but preceded by Japanese cere-
mony and cohabitation in Japan; 6-278
registration at time citizen husband was in U.S. and
wife in Japan, not preceded by Japanese or Chris-
tian ceremony; 4-650, 699

Jerusalem (Israel) in, contracted between Muslim citi-
zens of Jorden, following Dominican Republic di-
vorce decree not pronounced by Office of Civil Re-
gistry; 14-307

Korea, in; contracted between Korean and U.S. citi-
zen whose prior marriage dissolved by Mexican
"mail order" divorce; 11-482

Macao, Portuguese China, by Chinese custom; va-
lidity; 7-587

Mexico, by proxy; following Mexican "mail order" di-
vorce; 10-370

Mexico; State of Michoacan; a civil contract; 15-248
Mexico; validity; 1-301; 3-485; 4-405; 13-584;
14-255, 674

Michigan, in; between U.S. citizen and citizen of P.I.
whose prior marriage in P.I. to Filipino dissolved by
Mexican "mail order" divorce; 12-490
Michigan:

in; court decree (St. of Mich.) affirming validity of
2d marriage despite purported undissolved prior
marriage; effect; 11-205

Michigan:

in; following Mexican "mail order" divorce dissolv-
ing prior marriage; Mich. St. court decree affirm-
ing validity of 2d marriage; Mich. A.G. advises
validity 2d marriage should not be recognized;
effect; 15 31

minors, of:

Illinois; voidable, not valid; 9-89

Indiana; voidable, not void; 10-444

Michigan; 13-705, 824

Wisconsin, voidable, not void; 10-444

miscegenation, as ground of invalidity; 3-480; 7-108
Missouri; contracted before (Okla.) became final; valid-
ity; 1-627

Nevada, in; following Mexican "mail order" divorce;
13-26, 152

New Hampshire, in; contracted before divorce decree
nisi (Mass.) became final; validity; 9-296
New York, in; contracted while spouse by a prior
undissolved marriage still living; 11-526
New York, in; following Ecuadorian divorce obtained
when neither party physically present; 14-472;
15 218

New York, in; following in absentia divorce obtained
in Dominican Republic; 15-227

New York, matrimonial domicile in, of parties married
in Nevada following Mexican "mail order" divorce;
13-152

New York, in; following mutual consent divorce ob-
tained in Dominican Republic; 15-595, 606
New York, matrimonial domicile in, of uncle and
niece, marriage valid where performed; 15-778
New York; presumption of death of spouse; 7-156
Philippine Islands, contracted in:

between citizens of; husband's prior marriage in P. I.
to Filipino dissolved by divorce obtained by first
wife in Hawaii; 12-743

between first cousins; prohibited; 14-686
between U.S. cit. of P. I. and U.S. Cit. whose prior
marriage dissolved by Mexican "mail order" di-
vorce; 11-109; 12-835

between U.S. cit. and Filipino whose prior marriage
dissolved by divorce obtained in U.S. by first
U.S. cit. spouse; 12-299

during life of wife by previous undissolved mar-
riage; 10-43

in spouse by prior undissolved marriage deceased;
12-160

tribal marriage, by; valid; 13-393

polygamous, valid where performed; recognition for
immigration purposes; effect of subsequent divorce
from first spouse; 9-640

presumption of validity:

California; 7-469; 14-93

England; 6-440

proxy; validity; 4-209; 5-698

Puerto Rico; following Jordanian-Moslem divorce ob-
tained in absentia; 10-580

Puerto Rico, in; between U.S. citizen and citizen of
Jordan whose prior marriage dissolved by proxy
divorce obtained under Jordanian-Moslem law;
11-179

religious, foreign; validity, generally; 3-485, 487;
7-492

religious ceremony, by; Colombia; without civil regis-
tration; 10-767

religious ceremony, by; Italy; without civil registra-
tion; 11-551

religious marriage ceremony, Mexico; 4-405
remarriage, after Mexican divorce; 3-33, 277;
4-610; 10-370; 11-482

Rhode Island, in; contracted (by libelee) within 2
years after Mass. divorce; validity; 9667
termination, proof of; reliance on presumption of valid-
ity of subsequent ceremonial marriage to establish;
11-493

termination, proof of; Texas, in; contracted before
prior marriage dissolved; 15-174

Married minor child of citizen veteran; admissibil-
ity under Act of Dec. 28, 1945; 3-40
Medical certificate in exclusion proceedings; 3—47;
12-528

Member (membership) proscribed organization,
exclusion or deportation grounds; see Subversive
Mentally retarded; see Exclusion grounds: mentally
retarded, sec. 212(a)(1), 1952 Act
Mexico:

agreement with U.S., in World War II, as to service of
their nationals in the armed forces of either country,
2-244

bigamy; 1-525; 3-14, 136

divorce; see Divorce; Marriage
Michigan:

justice court, jurisdiction of; 9460

Minister of religious denomination; see Nonquota
immigrant

Minor:

abandonment; see Crimes involving moral turpitude
capacity to commit crime; 1-613

competency to expatriate; 1-330; 2-397; 3-470
dual nationals, election to retain U.S. nationality; see
Dual national

expatriation; see Citizenship-loss

juvenile delinquency; see Juvenile delinquency
oath of foreign allegiance; confirmation upon reaching
majority; 2-789; 4-22

Miscarriage of justice, gross; question of; 11-730;
12-443, 467; 15-445

Misrepresentation; see Exclusion grounds:

fraud or misrepresentation; see also Deportation
grounds: visa charge: fraud or misrepresentation
Missionary; eligibility for benefits of sec. 308, Nat.
Act of 1940; 3-649

Month; construed by Supreme Court; 2-578
Moral turpitude (see also Crimes involving moral
turpitude):

attempt to commit crime; rule for determining tur-
pitude; 2-141; 3-56

charges of prosecuting authorities to proceed to con-
viction, as factor; 7-342

convicted of lesser crime (burglary, New York);

New York; 1-606; 5-163; 9-513; 15-778

4-241

criteria adopted by the courts; 1-55, 76, 190, 447,

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