Deportation grounds-Continued public expense, institutionalixhd at (sec. 241 (a) (3): burden on alien to establish mental illness did not exist prior to entry; Vol. VIII, p. 630 confinement beginning before Dec. 24, 1952; Vol. VI, p. 349 full cost of care not paid; Vol. VII, p. 124 reentry after deportation, unlawful; see Deportation remained longer: seaman; Vol. V, p. 127 seaman; departure prevented by arrest; Vol. III, p. 221 repeal of statute creating; Vol. V, p. 463 sentenced for year or more (See also Sentenced to imprisonment): commuted sentence; Vol. VI, p. 562 imposition of sentence suspended with probation for 5 years; Vol. VII, p. 577 new trial granted after sentence partly served; Vol. III, p. 187 sentenced more than once; rule enunciated in Fong Haw Tan v. Phelan, 333 U.S. 6; Vol. III, p. 575 smuggling aliens for gain, 1940 Act; Vol. II, p. 758; Vol. III, p. 468; Vol. V, p. 93 smuggling allens for gain, 1952 Act: acts occurred prior effective date of Act; Vol. VI, p. 327 anticipation of profit, but no money paid; Vol. VII, p. 514 payment for gasoline and promise of additional monetary compensation; Vol. VIII, p. 182 recommendation against deportation, effect; Vol. VI, p. 823 transporting for gain within U.S.; Vol. VII, p. 389 status, failure to maintain: child of treaty merchant; Vol. I, p. 201 foreign government official, 1924 Act; Vol. IV, p. 36 foreign government official, servant of (ad mitted prior to July 1, 1940); Vol. I, p. 151 student admitted before 1952, warrent issued after 1952; Vol. VI, p. 458 student, inducted into armed forces; Vol. IV, p. 630 visitor for pleasure, accepted employment against which no bar contained in Service regulations; deportability; Vol. VIII, p. 574 visitor for pleasure; convicted of disorderly conduct (jostling); Vol. VI, p. 762 visitor for pleasure; private bill introduced; Vol. VI, p. 651 visitor for pleasure, sought employment; Vol. VI, p. 234 subversive; see Subversive sufficient, if grounds follow language of statute; Vol. IV, p. 684 undesirable alien resident: Act of May 10, 1920; Vol. III, p. 310 1952 Act, sec. 241 (a) (17); Vol. V, 425 visa charge (see also Exclusion grounds: fraud or misrepresentation; Exclusion grounds: visa charge; Immigrant; Nonimmigrant): entry as member armed forces; enlisted under Act of 6-30-50, as amended; undesirable discharge; Vol. VIII, p. 21 Deportation grounds-Continued visa charge-Continued entry as naturalized citizen but naturalization later cancelled for fraud; Vol. III, p. 275; Vol. IV, pp. 373, 702; Vol. V, p. 759 entry as naturalized citizen but naturalization later cancelled for reasons other than fraud; Vol. VII, p. 103 entry as nonquota immigrant, marriage later annulled; same evidence of fraud insufficient sustain sec. 241 (c) charge; Vol. VIII, p. 493 entry as nonquota immigrant (returning resident); no fraud; Vol. VIII, p. 500 erroneously admitted as nonquota immgrant (professor, sec. 4(d), 1924 Act), no fraud; Vol. IV, p. 532 erroneously admitted as citizen; child born out of wedlock, no fraud; Vol. V, p. 689 erroneously admitted as citizen; parent's naturalization previously cancelled presumptive fraud, 1906 Act; Vol. V, pp. 218, 517 for Filipino; entry occurred on May 1, 1934; Vol. VII, p. 242 fraud or misrepresentation (for cases involving sec. 7 exemption from this ground see Discretionary relief): annulment of marriage of alien admitted as wife of armed forces member; Act of Dec. 28, 1945; Vol. IV, p. 345 concealment of criminal record; Vol. III, pp. 278, 641; Vol. VI, p. 813 concealment of illegitimate child; Vol. VI, p. 77 concealment of marriage; Vol. VI, p. 746 concealment of prior arrest and deportation; Vol. III, p. 662 displaced person who did not accept employment offer, and settled in city other than that specified; Vol. IV, p. 663 displaced person who failed to reveal German naturalization; Vol. V, 323 failure to disclose; true marital status; Vol. IV, p. 684; Vol. VII, pp. 182, 397, 4:20 false testimony as to financial status; Vol. IV, p. 735; Vol. VIII, p. 394 fictitious name used to obtain visa; Vol. II, p. 638 forged affidavit of support; Vol. VII, p. 464 concealment of maiden name used to obtain visa; Vol. VI, P. 746 membership in foreign Communist Party, failure to disclose; Vol. VII, p. 465 misrepresentations as to parentage, whereabouts of parents, and foreign residence; Vol. VIII, p. 134 misstatement of facts, other than name, re lating to identity; Vol. VIII, p. 473 sister's name used to obtain citizen's identification card; Vol. VII, p. 486 spurious check as to financial status; Vol. VII, pp. 76, 222 wife admitted as nonquota immigrant, 1924 Act; husband's citizenship later revoked; Vol. I, p. 84 wife admitted as nonquota immigrant, 1924 Act; marriage later annulled "relation back"; Vol. III, pp. 25, 102 Deportation grounds-Continued visa charge-continued presented Form I-151 issued pursuant status adjustment sec. 249, 1952 Act; ineligible for adjustment; Vol. VII, p. 363 Depositing letter threatening to injure another person; Vol. II, p. 198 Derivative citizenship; see Citizenship-derivation (after birth) by child born abroad; Citizenshipderivation by woman through marriage Deserter from armed forces in wartime; see Citizenship-loss: armed forces deserter in wartime; Exclusion grounds: departure to avoid armed forces duty Destruction of property, Canada; Vol. II, p. 686 Dialectical materialism (see also Subversive); Vol. III, p. 453 Discretionary relief (see also Adjustment of status; Preexamination; Returning lawful permanent resident alien; Seventh proviso, sec 3, 1917 Act; Suspension of deportation; and Voluntary departure): confidential information, use of; Vol. III, p. 714; Vol. V, p. 491 criminal cases, looking outside record of conviction; Vol. I, p. 8; Vol. III, p. 792 duty to advise alien in deportation cases as to possible administrative relief; Vol. V, p. 630 effective enforcement of immigration laws as factor; Vol. IV, p. 589 enemy alien brought for internment; Vol. IV, p. 64 enemy alien, objector to military service; Vol. III, p. 532 Foreign Agents' Registration Act of 1938, as amended, conviction under; Vol. III, p. 310 good moral character (see also Good moral character): adulterous relationship; Vol. II, pp. 840, 876, 892; Vol. IV, p. 480; Vol. V, p. 522; Vol. VII, p. 156 adultery: determination of; applicability of criminal test; Vol. VI, pp. 660, 801 ignorance of marital status; Vol. VI, pp. 463, 801; Vol. VII, p. 380 marital status, adjustment, adulterous relationship; Vol. III, pp. 478, 567; Vol. V, p. 522; Vol. VI, p. 675 prostitution; Vol. V, p. 559 record of conviction, expungement of, effect (Calif.); Vol. VI., p. 619 requirement, discussion; Vol. I, p. 611 internee during World War 11; former member Fascist Party; Vol. II, p. 587 naturalization fraud on behalf of another; Vol. III, p. 343 perjury in immigration proceedings; Vol. II, p. 606 perjury in naturalization proceedings; Vol. I, p. 79; Vol. II, pp. 595, 700, 712, 905 refusal of alien to testify; Vol. VII, p. 697 sabotage of vessel; Vol. II, p. 582 seaman, recently arrived; Vol. III, p. 869 sec. 5, Act of Sept. 11, 1957: advance waiver in current proceedings where alien ordered excluded; Vol. VIII, p. 325 alien in U.S. ineligible for preexamination; Vol. VIII, p. 68 Discretionary relief-Continued sec. 5, Act of Sept. 11, 1957-Continued alien in U.S. who failed qualify for preexamination by 6-30-59; Vol. VIII, p. 478 nunc pro tunc exercise; Vol. VII, p. 713; Vol. VIII, p. 608 sec. 7, Act of Sept. 11, 1957: advance waiver in current proceedings where alien ordered excluded; Vol. VIII, p. 325 alien in U.S. ineligible for preexamination; Vol. VIII, p. 68 deportable as one who admits commission of perjury in obtaining visa; Vol. VIII, p. 310 entry without inspection by falsely claiming citizenship; Vol. VIII, p. 143 failure to fulfill marital agreement; Vol. VII, p. 715 misrepresentation to evade quota restrictions; nunc pro tunc exercise; Vol. VIII, p. 608 parent of adult U.S. citizen child; eligibility; Vol. VIII, pp. 140, 355 sec. 13 (d) and (e), 1924 Act, time limitation; Vol. I, p. 84; Vol. V, p. 525 sec. 211(b), 1952 Act; see Documentary requirements: waiver of, sec. 211(b) sec. 211 (c) and (d), 1952 Act: alien on notice marriage prior to entry into U.S. would invalidate visa; Vol. VIII, p. 665 authority of Regional Commissioner, without institution of deportation or exclusion proceedings; Vol. VII, p. 525 authority of special inquiry officer at warrant hearing; Vol. VI, p. 321 child born abroad erroneously admitted as citizen on second return of citizen mother; Vol. VII, p. 136 nunc pro tunc exercise; Vol. VIII, p. 131 quota availability, time limitation; Vol. VII, p. 304 visa issued under sec. 4(a) (6), Refugee Rellef Act of 1953; Vol. VI, p. 237 sec. 212(c), 1952 Act; see Returning lawful permanent resident alien: sec. 212(c), 1952 Act, relief under sec. 212(d) (3), 1952 Act: nunc pro tunc grant; Vol. VIII, p. 285 past immigration record, as factor; Vol. VIII, p. 476 waiver of inadmissibility not based on sec. 212(a); Vol. VIII, p. 291 sec. 212(d) (4) (A), 1952 Act; see Documentary requirements: waiver of, sec. 212(d) (4) (A) subversive: Communist Party member, former; Vol. III, pp. 411, 787; Vol. VI, p. 713 Communist Party, former nominal member; eligibility under sec. 244 (a) (5), 1952 Act; Vol. V, p. 141 Communist Party of England, former involuntary member; Vol. V, p. 72 excludable as; Vol. III, p. 784 Fascist Party, Italian, former member; Vol. II, p. 582 sec. 19(d), 1917 Act, as amended, effect; Vol. IV, p. 675 562713-61-57 Dishonorable discharge while abroad; return to U.S. as military prisoner not deemed "entry"; Vol. III, p. 536 Dishonorable discharge following honorable one; status of wife under Act of Mar. 19, 1951; Vol. IV, p. 622 Disorderly house or bawdy house; see Crimes involving moral turpitude Displaced Persons Act of 1948: ethnic German classification, sec. 12; Vol. III, p. 838 misrepresentation as to intention to accept offer of employment; Vol. IV, pp. 663, 748 misrepresentation as to nationality status; Vol. V, p. 323 subversive; see Subversive Divorce: absentee, under Jordanian-Moslem law, by party domiciled in Conn.; Vol. VII, p. 556 absolute or limited; legal separation; sec. 314, 1940 Act; Vol. III, p. 742 China, in; by U.S. resident; Vol. VI, p. 195 custody of child, conflict of State laws; Vol. III, p. 845 foreign, comity between nations; Vol. II, p. 886; Vol. VI, p. 272 foreign consul in U.S., by; Vol. VI, p. 470 foreign, obtained while either party domiciled or physically present in U.S.; Vol. III, pp. 33, 227; Vol. IV, p. 610; Vol. VI, p. 195; Vol. VII, p. 556; Vol. VIII, p. 16 Germany, in; by U.S. resident, national of Germany; Vol. I, p. 677 Germany; enforced decree based on racial grounds; Vol. V, p. 1 Mexican, "mail order"; Vol. I, p. 679; Vol. III, p. 33; Vol. IV, p. 610; Vol. VIII, p. 16 Mexican, plaintiff physically present in Mexico; Vol. III, p. 227; Vol. V, p. 659 Mexican, plaintiff residing in Mexico and defendant in Lebanon; Vol. VI, p. 272 New York; sec. 7-a, Domestic Relations Law; deserted spouse; Vol. VII, p. 156 State court, granted by; collateral attack in visa petition proceedings; Vol. VIII, p. 251 valid in foreign country where domiciled; effect of residence elsewhere; Vol. I, p. 677; Vol. III, pp. 33, 227 Documentary requirements: adopted child, Act of Dec. 28, 1945; Vol. III, p. 608 child born abroad while citizen mother on visit; Vol. II, p. 188; Vol. VII, p. 311 child born abroad while legally resident alien mother on visit; Vol. II, p. 188; Vol. III, p. 215 native-born Canadian coming for visit of less than 30 days; Vol. II, p. 518 returning lawful resident, after temporary absence; Vol. I, p. 369 returning lawful resident, after temporary absence (naturalized citizen at time of last entry, naturalization later cancelled for fraud); Vol. III, p. 275 returning lawful resident, after temporary absence (intention to take up residence in U.S.); Vol. III, p. 519 Documentary requirements-Continued returning lawful resident, after temporary absence (crewman; temporary employment ashore in Saipan between sailings); Vol. VII, p. 314 waiver of; sec. 211(b), 1952 Act; Vol. VII, p. 314; Vol. VIII, pp. 143, 249 waiver of; sec. 212(d)(4) (A), 1952 Act; Vol. VIII, p. 485 waiver of visa; secs. 4(a), 13(b), 1924 Act; sec. 30, 1940 Act; Vol. III, p. 582 waiver of visa sec. 13(b), 1924 Act; Vol. I, pp. 10, 232, 321; Vol. III, p. 582 wife of citizen veteran of World War II; Vol. III, p. 371 Documentation, other; sec. 212(a) (19), 1952 Act: application for extension of stay, as; Vol. VI, p. 315 citizen's identification card; Vol. VII, p. 486 "other documentation" defined; Vol. VII, p. 486 Dodecanese Islands, transfer to Greece; quota allocation; Vol. III, p. 712 Domicile; see Residence; Seventh Proviso, sec.. 3, 1917 Act Dominion Opium and Narcotic Drug Act, 1923 as amended, sec. 414(1) (f); Vol. II, p. 600 Draft dodger: "avoid" and "evade", meaning; Vol. II, p. 424 distinguished from army desertion; Vol. II, pp. 276, 419 distinguished from conscientious objector; Vol. V, p. 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; Vol. III, p. 376 not liable for military service, effect; Vol. II, p. 403; Vol. V, p. 593 Driving automobile without owner's consent, Dual national: election of nationality: army of his foreign nationality, service in; Vol. II, pp. 243, 783; Vol. III, p. 701 formality of procedure; necessity for definitive choice; Vol. II, pp. 124, 428 homestead acquisition in foreign state during minority; disaffirmance upon reaching majority; Vol. I, p. 329 oath of allegiance to country of foreign nationality; Vol. III, p. 701 obligation to elect by dual national at birth; Vol. I, p. 389; Vol. II, p. 347; Vol. IV, p. 756 obligation to elect by dual national through marriage to alien in 1934; Vol. III, p. 107 passport of his foreign nationality, use of; Vol. III, p. 98 residence abroad after reaching majority and return to U.S. prior to Jan. 13, 1943; Vol. I, p. 476 Dual national-Continued election of nationality-Continued residence abroad after reaching majority and claims of U.S. citizenship before and after reaching majority when entering U.S. for visits; Vol. II, p. 124 residence abroad after reaching majority; sec. 401(a), 1940 Act, persons within; one who voluntariness of election; Vol. I, p. 551 loss of nationality, sec. 350, 1952 Act: applies to all dual nationals at birth; Vol. VII, p. 195 benefits of foreign nationality, sought or claimed: acquisition of property in Mexico without authorization required of non-Mexican nationals; Vol. VII, p. 218 after attaining 22d birthday and subsequent to Dec. 24, 1952, followed by 3 years' residence; Vol. VII, p. 195 after attaining 22d birthday and subsequent to Dec. 24, 1952, preceded by 3 years' residence; Vol. VII, p. 195 Mexican nationality, to gain admission to nature of benefit required to effect national- prior to, with continued enjoyment of bene- prospective application; Vol. VII, p. 195 residence; effect of absences; Vol. VII, p. 599 Due process of law; applicant for admission to U.S.; Vol. I, p. 587 Duress; fear as excuse for committing crime; Vol. III, p. 350 Election: E distinguished from plebiscite; sec. 401(e), 1940 Act; Vol. II, p. 436 dual national, by; to retain U.S. nationality; see Dual national voting as act of expatriation; see Citizenship-loss Eligible orphan; see Nonquota immigrant: eligible orphan, sec. 4, 1957 Act Entry: armed forces, as member of; failed to meet requirements Act of June 30, 1950, as amended; Vol. VIII, p. 21 at a place not designated; deportation charge, distinguished from entry without inspection; Vol. I, p. 617 child, of; born abroad while citizen mother on visit; no visa; Vol. VII, p. 311 citizen, as; under view of Service subsequently reversed; Vol. V, p. 517 citizen, as; erroneous, good faith; Vol. V, p. 218 deportation proceedings based upon; see Deportation grounds fictitious name, alias, or other name used for; Filipino, from Hawaii; subsequent May 1, 1934; immoral purpose; sec. 212(a) (13), 1952 Act; Vol. Immoral purpose; concubinage; Vol. I, p. 373; lawful admission for permanent residence; see naturalized citizen whose citizenship was cancelled after; deportability under sec. 241 (a) (4); Vol. VI, p. 666 naturalized citizen whose citizenship was can. celled after; relation back doctrine; Vol. III, p. 275; Vol. IV, pp. 373, 702 naturalized citizen whose citizenship was cancelled after; applicability of relation back doctrine to documentary charges; Vol. V, p. 759; Vol. VII, p. 103 record; nonexistence of; effect in deportation proceedings; 1952 Act; Vol. V, p. 181 records; errors; legality; Vol. II, p. 644 reentry as "entry" for deportation purposes; Vol. I, pp. 4, 510 selection of, as basis for deportation criminal charge, sec. 241(a) (4), 1952 Act; Vol. VI, p.684 under 1917 Act, as distinguished from 1924 Act; Vol. III, p. 632; Vol. VII, p. 201 Virgin Islands, to; prior to July 1, 1938; Vol. I, p. 414 without inspection; deportation ground; see De portation grounds: entry without inspection Entry into the United States (whether or not an entry has been made): armed forces, member of; Vol. IV, pp. 126, 630 armed forces, former member who elected to remain abroad at time of discharge and thereafter returned to U.S.; Vol. III, p. 539 drunk, following departure of which he was unaware because; Vol. IV, p. 235 excluded alien who is permitted to sojourn in U.S. (parole); Vol. III, p. 543 extradition from foreign country to stand trial in U.S.; Vol. III, p. 632 Filipino, noncitizen national, arrival in U.S. in 1926; Vol. IV, p. 569 Filipino, noncitizen national upon arrival before May 1, 1934, last entered as returning resident after July 4, 1946; Vol. V, p. 668 Filipino, noncitizen national upon arrival (Hawaii) in 1924, last entered (Hawaii) 1951 returning from employment in Kwajalein Island (trust territory); Vol. VII, p. 128 Entry into the United States-Continued fishing trip, return from; alleged ignorance of foreign destination; Vol. V, p. 220 insular possessions, from; to continental U.S.; Vol. III, p. 632; Vol. VII, p. 201; involuntary departure from U.S., after; Vol. III, p. 536 knowledge of foreign stops, en route (return to U.S. by air); Vol. III, p. 632 return from foreign country, every; exceptions; Vol. III, p. 481 return of alien who has been denied entry in foreign port; Vol. VI, p. 638 trust territory (Kwajalein Island), return from employment in; to Hawaii; Vol. VII, p. 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; Vol. III, pp. 215, 262 erroneously admitted as U.S. citizen; Vol. III, p. 262 erroneously admitted under Quota Act of 1921, exemption 9; Vol. III, p. 815 quota exhausted before charge could be made (1923); Vol. III, p. 391 reentry as treaty trader; previous lawful admis sion for permanent residence: Vol. II, p. 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. 249, 1952 Act; see Adjustment of status: sec. 249, 1952 Act suspension of deportation; see Suspension of deportation Escape from custody of sheriff, without force or violence, N.J.; Vol. II, p. 873 Estoppel, doctrine of; operation in dep. proceedings as to expatriation finding of court in declaratory judgment suit; Vol. VII, p. 407 Estoppel, doctrine of; operation in dep. proc. as to subversive organization membership finding by court in denaturalization suit; Vol. VIII, p. 577 Evading military service; see Citizenship-loss: evading service in armed forces, departing U.S. or remaining out; Exclusion grounds: departure to avoid armed forces duty Evidence: admissions made in prior hearings; Vol. IV, p. 765; Vol. V, p. 752 affidavits of deceased witnesses; Vol. VI, p. 496 affidavits of witnesses in lieu of oral testimony; Vol. V, pp. 612, 738; Vol. VI, p. 496 affidavits showing nature of organization; Vol. V, p. 451 alien's rights controlled by Jencks statute; Vol. VIII, p. 696 birth in U.S.: court decree, as; Vol. III, p. 237 military records; Vol. VI, p. 415 passport, as; Vol. III, p. 680 blood tests to prove relationship; Vol. V. pp. 149, 232, 351; Vol. VI, pp. 212, 645; Vol. VIII, p. 259 citizen of U.S., prior admission as; weight; Vol. II, p. 428 court dismissed sec. 503, 1940 Act, suit without entry final order; effect: Vol. VIII, p. 244 Evidence-Continued court record of testimony; witnesses not produced, although available; Vol. VI, p. 300 discrepancies, testimonial; on issue of relationship; Vol. III, p. 608; Vol. V, p. 232 exclusion proceeding; rules governing fair hearing; Vol. II, p. 469 (see also Exclusion) foreign documents, not authenticated; Vol. VI, P. 415 hospital records containing opinions, conclusions, and hourly notes by hospital personnel; Vol. VIII, p. 523 husband's adverse testimony, waiver of privilege; Vol. V, p. 738 Inferences from alien's refusal to testify; Vol. VI, p. 246; Vol. VII, p. 308; Vol. VIII, p. 568 judicial rules not binding; Vol. V, p. 752; Vol. VI, p. 415 manifest records, weight; Vol. V, pp. 220, 370 objection to introduction, timeliness of; Vol. VI, p. 726 physician employed by U.S. Public Health Service, testimony of; Vol. V, p. 738 police officers, obtained by, during search without a warrant; introduction not violative of Fourth Amendment; Vol. VI, p. 726 public charge, nature and quantum of evidence; Vol. III, p. 644 refusal of alien to testify; Vol. III, p. 22; Vol. IV, p. 556; Vol. V, pp. 60, 175, 242, 370, 484, 738; Vol. VI, pp. 246, 415; Vol. VII, pp. 133, 271, 308 self-incrimination, privilege against; Vol. IV, p. 720; Vol. V, p. 306; Vol. VI, p. 246; Vol. VII, pp. 133, 308 Service files and testimony in unrelated proceedings, authority of hearing officer to subpoena; Vol. V, p. 60 Service officer's testimony as to oral statements of alien; Vol. IV, p. 760 State Department certification attesting to revocation of visa; Vol. VIII, p. 456 statement, derogatory; maker unavailable for cross-examination; Vol. VIII, p. 105 statements, pre-hearing; responsibility for determining existence of; Vol. VIII, p. 696 statements in Alien Registration form; Vol. IV, p. 475; Vol. V, p. 175 statement of alien, preliminary (sworn); necessity of identification where alien stands mute; Vol. VII, pp. 133, 308 statements of alien taken without prior warning of possible adverse use; Vol. V, p. 370 statements taken in preliminary investigation; Vol. I, p. 408; Vol. IV, pp. 475, 684; Vol. V, pp. 306, 738 stipulations of fact: set aside, procedure to; Vol. IV, p. 378 withdraw, alien's right to; Vol. IV, p. 561 withdrawal by examining officer; Vol. VI, p. 631 translations of documents asserted to be inaccurate; Vol. VI, p. 726 undercover agent, testimony of; Vol. V, p. 484 unrecorded statements (8 CFR 150.1(c)); Vol. IV, p. 760 unsigned statement of alien; Vol. IV, p. 684 wife's adverse testimony, waiver of privilege Vol. VI, p. 496 |