sec. 249, 1952 Act: application pending Aug. 8, 1958; amended statute applicable; 8-167 discretionary denial; 11-565 entry prior to July 1, 1924; effect on date of created record of admission; 8-601 good moral character; factors in determining; 8-167; 11-565 good moral character; question of; 11-805 grounds of deportability; effect on; 8-601 grounds of inadmissibility, effect on; 8-228 narcotics violator; ineligible; 9-103 narcotics violator granted full & unconditional pardon; ineligible; 12-325, 335 procedure for challenging adjustment under; 7-363 record of lawful admission cancelled under sec. 247 (a); 12-482 record of lawful admission exists but vitiated by subsequent illegal entry; 8-598 record of lawful admission "otherwise available"; question of; 9-747; 10-3; 11-351; 12-482 record of unlawful entry; 8-288 renewal or reconsideration of application under regulations effective 1/22/62 (26 FR 12110); 9–715 recission of; see Recission of adjustment of status residence, continuous: absence, temporary; effect; 8-167 absence, 3-4 years; effect; 11-34; 13-540 agricultural worker, temporary ab- temporary admissions as crewman over Administrative decision, whether res judicata; 3-577; 5-392, 400 Bahamas; 6-760 British Guiana; 9-248 California, of illegitimate child; sec. 230, Civil Code: 3-742; 13-644 China; 3-608; 10-597; 11-151, 219; 12-296, 484, 513, 690; 13-766 China, in 1952; following seizure of control by Chinese Communist Govt.; 13-620 China; mutual termination, question of: 13-766 Chinese adopting parents in U.S., by; of native-born U.S. citizen child; 12-240 Chinese person born in Hong Kong, of: under Chinese law and custom in Hong Kong; 13-624 Czechoslovakia; 12-258 date; question of, where effected under two different procedures; 12-747 effect on relationship to natural brother or sister; 12-495 effect on relationship to natural parents under immigration laws; 9-46, 116, 567; 11-55; 12-421 Egypt; 12-666 evidence, validity of; 3-608 Germany, in, by proxy; recognized in Texas, principle of comity; 6-634 Guyana; 13-616 Hong Kong, in; under Chinese law and custom; 13-624 Hong Kong: preceded by informal infancy adoption under Chinese law and custom; 12-747 Indonesia, in; of Chinese child; 13-89 Italy; "affiliation" is equivalent of adoption; 6-270 Korea; 13-45 loco parentis; not equivalent of adoption: 11-219 Netherlands Antilles; 9-521 Portugal; 9-242 proceedings for, in office of foreign consul in U.S.; 5-733 Adultery; see Good moral character: adultery; Crimes involving moral turpitude Affiliation, subversive ground of exclusion or deportation; see Subversive Aggravated assault (battery); see Crimes involving moral turpitude Agricultural laborer: admissible under Act of 4/29/43 altho previously deported and no permission to reapply; 1-624 classification, immigrant or nonimmigrant; 6-491 ineligible for change of nonimmigrant status under sec. 248; 8-419 permission to reapply (8 CFR 214k.7); effect on future entries; 10-231, 613 qualifying requisites of sec. 101 (a) (15) (H) inapplicable; 6-491 remained longer; deportable sec. 241 (a) (2); 10-380 suspension of deportation, not barred by admission as; 2-692, 751 Air carrier; fines; see Fine Alien claiming exemption from military serv ice; see Ineligibility to citizenship Alien coming in managerial, executive, or spe cialized knowledge capacity; see company transferee Intra Alien coming to perform temporary services: blanket Labor certification; services within purview of; effect; 12-591 electronic design engineers; 13-23 governess, mother's helper; 10-654 musicians; 12-591 professional female wrestlers, as entertainment act; availability, question of; 11-427 "temporary services"; question of; 13-23 Alien contract laborer ; excludability; see Exclusion grounds: contract labor Alien of distinguished merit and ability: actor, internationally known; to be panelist on TV show; 11-462 actor, not acclaimed by recognized theatrical experts; 11-534 actor, role in motion picture by internationally-known Co.; 12-312 actor, services to be performed do not exact requisite ability; 11-534 advisory opinion, unnecessary; 11-462 change of nonimmigrant status; see Status; nonimmigrant, change of, sec. 248 Continued classification as (H) (i) does not automatically qualify for 3d pref. status: 12-758 classification as (H) (i) may not be substituted for 1st pref. classification to overcome oversubscribed quota; 10-715 "distinguished merit and ability" may not be equated with "exceptional ability in arts and sciences"; 12-758 entertainers; not acknowledged as eminent by recognized critics; 11-65 intern; 8-460 pathologist; 11-896 professor, visiting; 12-499, 571, 838 research associate; to establish course material for new program; 10-642 scholar; to teach special seminars, and do research, in mathematics; 10-640 singer-performer; had one "top hit" in Great Britain; 11-277 "temporary services"; 12-449, 571, 838 Alien registration: question of: evidence from AR Form, admissibility, dep. proc.; 4-475; 5-175 false statement under oath to U.S. vice consul; 1-16 false statements in connection with 1940 Act, sec. 36 (c); 2—353, 820 Alien who will engage in a commercial or agricultural enterprise: see Commercial or agricultural enterprise; Exclusion grounds: certification of Sec. of Labor; sec. 212(a) (14): exemption from Alienage: citizenship claimant, admits birth abroad; 7-332 court dismissed sec. 503, 1940 Act, suit without entry final order; effect; 7-244 former naturalized person, "relation back" doctrine; 3-275; 4-373, 702; 5-405 former naturalized person, applicability of "relation back" doctrine to documentary charges; 5-759; 7-103 proof: admission by attorney; 5-175 contemporaneous official birth record and refusal to testify, effect; 6-415; seaman's identity book; 13-794 Amendment of record of entry to show admission for permanent residence; see Entry record, amendment or creation, to show admission for permanent residence American Indians born in Canada: definition "Canadian Indians", Act of Apr. 2, 1928; 1-309; 3-191, 300 excludability; deportability and 3-300 1-600; deportability on grounds other than those arising after entry; 3-300 effect of forfeiture of political status as Indians in Canada, by marriage; sec. 14, Canadian Indian Act; 3-191 ethnological test under Act of Apr. 2, 1928; 3-191; 4-458 half-Indian blood, those of, not entitled to benefits, Act Apr. 2, 1928; 4-458 syphilis at time of entry, afflicted with, deportability; 1-600 American Samoa, Guam, Swain's Island (see also Guam): noncitizen nationality of natives or inhabitants; 2-778; 3-589, 729; 5-144 sec. 308 (1), 1952 Act, retroactive; 5-144 status of natives' children born abroad; 5-380 Amnesty, foreign; see Pardon: foreign Czechoslovakia; 3-850 deportation basis; see Deportation grounds: fraudulent marriage exclusion basis; 7-565 Germany; 9-275 Mexico; marriage performed in Texas; 7-182 New York; 3-25, 102 "relation back" doctrine; 3-25, 102, 528; 7-182 Texas; 3-528 Washington, D. C.; 4-345 Appeal: abandonment of (ex. proc.), question of; 13-242 absence of specified reasons for; 11-678; 13-423 board of special inquiry decision, from: ground not advanced by board, appellate body's right to consider; 1-321 mental or physical condition not presently existing; prior insanity; 2-127 departure from U.S., effect of; 6-159 District Director's decision, from: determination of alien's release from custody after failure to appear for deportation; 13-40 determination of eligibility for refugee status under sec. 203 (a) (7); 12–75 frivolous; все summary dismissal under this mainline title hearing officer's findings, from: denial of application for voluntary departure, when not appealable; 4-680 must be from specific findings and conclusions as to deportability to confer jurisdiction on BIA: 4-680; 5-565 time limitation; 5-295, 520 oral argument; denial; 11-417; 13-423 Service decision, from: absence of warrant proceeding, in; on motion: BIA's jurisdiction (8 CFR 90.3, 142.2); 3-704 Service decision from-Continued motion, on; fine matter; extension of time for appeal: 3-167, 223 motion to reconsider or reopen; BIA's jurisdiction (8 CFR 90.10, 90.9 (b)); 3-167, 223 timeliness (8 CFR 90.9 (b)); 3—167, 223 special inquiry officer's decision, from: alien granted relief requested; 11-417; 13-423 entry into U.S. while appeal pending (exc. proc.); effect; 13-242 examining officer, by; grant of voluntary departure to alien in U.S. less than 5 years; 7-489 Service, by; motion to reopen an exclusion proceeding, on; 12-73 summary dismissal; 11--472, 678; 13-423 unsubstantiated allegations of official mis conduct urged on appeal should be specified under oath; 13-680, 790 Applicant for admission; question of; 13-798 Application for admission to United States (see also Admission; Admissibility under immigration laws): abandoned or withdrawn, when deemed; 3-178 dep. hearing not proper for determining admissibility; 5-312 returning resident; see Admissibility under immigration laws United States citizenship claimant; 7-323 withdrawal; after hearing completed and prior entry of SIO's order; question of; 12-429 withdrawal; during course of appeal to BIA after entry of SIO's exclusion order; question of; 13-251 withdrawal; not a matter of right; may be permitted only in discretion of Service; 13-651 Apprehension of alien within reasonable distance of U.S. border; authority of immigration officer, question of; 13-838 Approval of school for nonimmigrant students: application for; factors to be considered; 10-659 approval by appropriate State authority lacking; effect; 11-397 facilities do not satisfy local fire and safety requirements; 11-411 noncompliance with certification requirement of 8 CFR 214.3 (b); 11-154 Armed Forces of United States: "honorableness" of discharge when dishonorable discharge followed honorable one; 4-622 Arrest: legality, question of; 12-603, 676; 13-30, 141, 294, 522, 838 when arrest occurred, question of; 13-141 Arrested and deported, sec. 212(a) (17), 1952 Act, question of; 13-103 Arrival in U.S.; involuntary return of excluded seaman, as; 7-1 3-876 Arriving from foreign for bunkers, sec. 20, 1924 Act, and sec. 254(a), 1952 Aet; 5-296 Asiatic barred zone; see Barred zone Assignation, house of; see Prostitution Assumed name, obtaining visa under; see Deportation grounds: visa charge Attempt to commit crime; see Crime; Crimes involving moral turpitude Australia, Children's Welfare Act and Children's Court Act; 2-368 Austria-Hungary, portion which later became Poland, presently under control of U.S.S.R.; place of deportation; 3-575 Australian citizenship, reacquisition; 1-432 jurisdiction; question of-Continued authority in dep. proc. to determine 6th pref. eligibility in conjunction sec. 245 application; 11-592 authority to adjudicate or review denial of sec. 212 (e) waiver application; 10-372 authority to consider DD's certification of his decision on sec. 249 application; 13-65 authority to review DD's action institut ing dep. proc., no; 13-680 authority to review DD's denial of stay of deportation; 13-658 authority to review denial of sec. 245 application; 9-11 ciitzenship claim, to review; exc. proc.: 1-587 custody, alien's release from: alien failed appear for deportation; voluntary departure, the setting of terms and conditions for; 10-187, 372 voluntary departure date; no authority to extend; 13-258 motions to reopen: after alien's departure; 6-159 denial by hearing officer; no exceptions Board of special inquiry; see Exclusion breach for failure to surrender: demand to surrender made impossible by alien; 3-813 departure of alien prior to demand to surrender; 4-34 departure of alien prior to surrender Idate of demand; 13-563 untimely surrender and invalidity of deportation order as defenses; 3-862 responsibility of indemnitor of surety, sec. 20, 1917 Act; 3-862 Bond, maintenance of status & departure: authority of DD to require as condition precedent to grant status sec. 101 (a) (15) (H); 10-710 breach; question of; 12-795; 13-383, 555 cancellation of; 11-121 Bond, release under (see. 242, 1952 Act): BIA appellate jurisdiction, question of; 6-295; 13-40, 133, 457 denial of; 12-102 Border-crossing card: constructive possession; 3-136 inadvertently issued to alien pursuant to adjustment of status for which not qualified; right to enter on basis of; 7-363 lieu document for visa; 3-312 nonresident alien; frequent crosser for short period of time; 11-130 resident's card invalid when holder not employed or residing in U.S.; 3-519 Breaking and entering; see Crimes involving moral turpitude Brother or sister; see Quota preference: Act of 1952: sec. 203(a)(4); see also Quota preference: Act of 1952, as amended by P.L. 89-236: sec. 203(a) (5) Brother or sister; effect of adoption on natural relationship; 12-495 citizenship, exclusion proceedings; 3-141, 680 citizenship loss (see also Citizenship-loss); 3-141, 586; 9-578; 11-186; 12-344 deportation proceedings; 1-68; 3-444; 6-415; 7-407; 12-2; 13-691, 820 deportation proceedings; alienage established by evidence in possession of Service before alien's arrest; 13-820 deportation proceedings, sec. 241 (a) (5), 1952 Act (within Woodby test); 12-277 deportation proceedings, sec. 241 (a) (6), 1952 Act; 10-431 deportation proceedings, sec. 241 (c), 1952 Act; 7-417, 460, 601 discretionary relief; 7-582, 697 exclusion proceedings; 3-141, 680, 777 exclusion proceedings; commuter; 13-711 exclusion proceedings; returning resident; 12-358 proscribed character of organization (see also Subversive); 3-736 rescission proceedings; sec. 246, 1952 Act; 10-536; 12-715, 830; 13-399 revocation of VP approval; 12-715 visa petition proceedings; 11-27, 493 Business, temporary visitor for; see Visitor C Canadian citizenship, loss under Canadian Naturalization Act of 1914; 1-498 Canadian Indians; see American Indians born in Canada Canadian narcotics statute; criminal, not merely regulatory; 2-603 British subjects not necessarily nationals of Canada; 2-232 minor, acquisition by; 1-25, 329, 476, 596, 685 national, defined (Can. Nationals Act of 1921); 1-560 involuntary acquisition; 1-476, 496, 685 presumption of loss by residence abroad; 1-560 renunciation; 1-560 Canadian Officer's Training Corps: armed forces of foreign state, not; 1940 Act, sec. 401 (c); 2-346 Canadian armed forces, not part; 2-457 Canadian University Air Training Corps, not part of Canadian armed forces; 2—456 Cancellation of bond; see Bond Cancellation of naturalization; see Citizenshiploss Certificate of citizenship: birth abroad 1925, citizen mother and alien father; citizenship acquired in 1937 when, following divorce, mother acquired custody (de Coll doctrine): question whether this constituted naturalization under sec. 339, 1940 Act; 3-845 birth Philippines 1896, Spanish parents born in Puerto Rico; citizenship acquired under Act of Mar. 2. 1917 (Puerto Rican Citizenship Act) in own right and not as contemplated by sec. 339, 1940 Act; 3-286 blood test to prove relationship, sec. 341 1952 Act: 6-645 ineligible for, sec. 341, 1952 Act, on basis of repatriation under Act of Aug. 16, 1951; 7-708 Certificate of lawful entry; racial eligibility to naturalization, 1940 Aet, sec. 328(b) ; 3--304 Certificate of naturalization; child who acquired citizenship by statutory declaration (Virgin Islands); 3—870 Certification of Sec. of Labor; see. 212(a) (14), 1952 Act, as amended; see Exclusion grounds: certification of Sec. of Labor, sec. 212(a) (14) Change of nonimmigrant status, sec. 248, 1952 Act; see Status: nonimmigrant, change of Child: adopted (see also Adoption); Act of Dec. 28, 1945; adopted children: legislative history: 3-42, 131 Act of Dec. 28, 1945; validity of adoption 3-131, 608 Belgium, in; solely by wife under maiden name without participation of petr./husband; 9-275 bona fide family unit alone does not meet requirements of sec. 101 (b) (1) (E); 11-911 by Chinese adopting parents in U.S.; 12-240 by other than natural parents; 5-289, 556 |