convicted of crime before 1917; 5-370 convicted of crime (sec. 241 (a) (4), 1952 Act): absence of pardoning authority; effect; 12-750 alien & court unaware provisions sec. 241 (b) (2); effect; 13-497 applicability of "petty offense" exemption; 8-658 commuted sentence, effect; 6-562 conviction not in U.S.; 7-356; 11-242 conviction not within 5 year period; 6-684 conviction of an offense under sec. 722 (8), N.Y. Penal Law, as; 7-520 conviction while a U.S. citizen, effect; 9-524 crime committed after 1959 entry as agricultural laborer & prior to 1960 entry for perm. residence; conviction occurred in 1961; deportability; 9-643 entry; use of any, as basis for charge; 6-684; 9—643 expungement of conviction by State law; effect; 9-159; 12-576; 13-592, 672 indeterminate sentence; 10-501, 671 new order imposing sentence 4 years after suspension of imposition of sentence with probation; 8-504 sentence revoked and complaint dismissed, effect; 7-171 suspended sentence, effect; 6-346 suspension of imposition of sentence; 7-577 convicted of "petty offense": prior to entry and before Sept. 3, 1954; 6-331, 435 subsequent to entry; 7-147; 8-658 convicted of two crimes: absence of pardoning authority; effect; 12-750 alien & court unaware of provisions sec. 241 (b) (2); effect; 13-497 conviction resulting in commitment under Fed. Youth Corrections Act set aside; effect; 12-623 coram nobis action vacating conviction record, effect; 8-611 as final conviction, sec. 241 (a) (4); 7-539 justice court action vacating conviction judgment (one crime); effect; 9-460 length of sentence or confinement factor (sec. 241 (a) (4)); 8-424 number of charges in warrant; 2-629 one crime a "petty offense"; 6-614 one crime waived under sec. 212(g) in prior dep. proc.; 12-228 single scheme of criminal misconduct, 1952 Act; 5-470, 728; 6-167, 382; 7-144; 8-170, 236, 447; 9-211, 524, 613, 646; 11-6; 12-1, 452, 551; 13-412 entry by false and misleading statements: false claim of birth in U.S.; 6-275 false claim of U.S. citizenship; 1-385; 5-220, 642 impersonation of U.S. citizen; continuity of ground following departure and reentry; 8-128 entry without inspection: alien smuggled in rear of delivery truck; applicability of sec. 241 (f); 12-479 by falsely claiming citizenship: applicability of sec. 7, 1957 Act; 8-143 by falsely claiming citizenship; effect of sec. 241 (f), 1952 Act, as amended; 9-585 distinguished from entry at other than designated port; 1-617 entry as naturalized citizen but naturalization later cancelled for reasons other than fraud; 7-103 failure to volunteer information; 1-345 naval personnel, foreign; 2-293 physically present for inspection as factor; 1-90, 386; 3-136 record of child's entry nonexistent, effect; 5-181 seaman, applicability to; 1-403; 9-368 sec. 241 (a) (2), 1952 Act, retroactive; 5-642; 6-242, 540 sec. 405 (a), 1952 Act, effect upon prior nondeportable status; 6-242 within city limits where port of entry is located; 1-617; 2-214 failure of alien to prove time, place & manner of entry; question of deportability under sec. 291; 12-293 failure to furnish notification of address: continuity of ground following departure and reentry; 7-536; 8-128 general; 5-216, 692 1940 Act, under; not ground of deportation; 9-340 1952 Act, under; multiple failures, effect; 9-340 Foreign Agents Registration Act, conviction for violating; 3-310; 4-269 fraudulent marriage (Gigolo Act of May 14, 1937): annulment, California; 3-73; 6-153 annulment, New York; 3-25, 102 failure to fulfill marital agreement; ap plicability of sec. 7, Act of Sept. 11, 1957; 7-715 convicted in 1925, one count under sec. 2(c) of Narcotic Drugs Import and Export Act; sentenced to imprisonment for 15 months; 3-460 convicted in 1928 for violation of Narcotic Drugs Import and Export Act; sentenced to imprisonment for 15 mos.; reentered U.S. thereafter; 2-406 convicted in 1935 for violation of Narcotic Drugs Import and Export Act; sentence suspended; 3-387 convicted in 1938 for violation of Act of Aug. 2, 1937 (Marihuana Tax Act); deportability under sec. 241 (a) (11), 1952 Act; 5-261 convicted in Dec. 1940 of being transferee of marihuana, in violation of Marihuana Tax Act; 1-160 convicted in 1946 and 1948, for unlawful possession of marihuana; 3-502 convicted in 1947, for concealment of fraudulently imported opium; 3-620 convicted before or after entry, sec. 241 (a) (11), 1952 Act; 5-651 conviction, finality of; 7-580, 670; 8-269, 420; 9-428; 10-320, 526; 11-401, 498; 12-721, 806 conviction in Mexico of offense committed in U.S.; 11-772 conviction in waived sec. thereafter sec. 1947; inadmissibility 212 (c); deportability 241 (a) (11); 7-274 (Calif.) court; effect; 12-721 expungement of conviction record by State, (Calif.) court; effect; 8-429; 10-526 facts outside record of conviction; 5-479 opium poppies, growing without a license; 9181 pardon (full & unconditional) for conviction; effect; 12-325, 335 planting and cultivating, Health & Safety Code of California; 5-309 possession, attempted, with intent to sell; 6-353 possession, unlawful; 1952 Act; 5-461, 479; 7-571; 8-397 possession, unlawful (N.Y.); nature of unspecified drug ascertained from police affidavit & laboratory report; 8-670 possession and having under one's control; Conn. Gen. Stats. Annot.: 11-498 possession of marihuana, unlawful; convicted 1956; deportability sec. 241 (a) (11), as amended by Act of July 14, 1960; 10-261 possession of morphine and codeine; offense committed in U.S.; conviction occurred in Mexico; 11-772 possession of opium, unlawful (Calif.): plea of guilty; pronouncement of judgment suspended and conditional probation granted; 12-721 recommendation against deportation; see Recommendation against deportation: narcotics offense reentry after conviction, effect; 3-460 sale of substance in lieu of narcotic after agreeing to sell narcotic; 7-100 sale of substance in lieu of narcotic after agreeing to sell narcotic; narcotic not specified in conviction record: 11-274 sec. 241 (a) (11), 1952 Act, as amended by Act of July 18, 1956; retroactive application; 7-571 sec. 241 (a) (11), 1952 Act, as amended by Act of July 14, 1960; retroactive application; 10-261 narcotics, offenses relating to Continued transfer, unlawful; 5-461 transferee of marihuana; 1-571; 5-476 use, unlawful; Calif.; 7-533 use, unlawful; may not be equated with unlawful possession; 13-569 use, unlawful; Penna.; 10-616 passport, no valid: assumed identity, obtained in; 10-87, 109 passport charge flows directly from visa fraud & misrepresentation; within sec. 241 (f) exemption; 12-69 passport charge linked to visa charge by common ground of identity misrepresentation; effect of finding of visa validity; 10-87 prostitution: assisting a prostitute: also receiving, sharing or deriving benefit from earnings, and found managing house; 2-659 distinguished from pandering charge; 3-290 Filipino, former national of U.S.; who last entered as national; 3-155 husband of prostitute not sharing her earnings; 1-408 her benefiting from prostitute's earnings; mother accepting money from prostitute daughter; 1-29 commercial element, as factor; 1-506 committed under duress; 7-251 employed as nurse at house of; 7-432 employed at place frequented by prostitutes; 2-50 engaged in, after entry; 6-743; 11-375 engaged in, before entry; nunc pro tunc exercise sec. 5, Act of Sept. 11, 1957; 7-713 engaging in; single act; 6-474 inmate of house; 3-155 maintaining house; 3-168 management of house, connected with; 3-20 managing house, found; 2-659, 767; 3-20 managing house, found; conviction of keeping disorderly house as evidence; 1-217 managing house, found; house of assignation distinguished; city ordinances, Tampa, Fla.; 3-199 pardon for offense; effect, where evidence exclusive of conviction record insufficient to sustain charge; 7-370 past practice of, 1952 Act; 5-559 practicing; single act for gain; 2-50 previously deported in connection with; 3-820 procuring male persons for purpose of; sec. 241 (a) (12), 1952 Act; 7-392 sharing prostitute's earnings; 767 single act; 2-50; 6-474 2-659, timely service of warrant of arrest; 2-324, 659, 767; 3-20 psychopathic personality, afflicted with, at entry; see Exclusion grounds: psychopathic personality, etc., afflicted with; sec. 212(a) (4), 1952 Act; see also Exclusion grounds: psychopathic inferiority, constitutional, person of; sec. 3, 1917 Act public charge, became, within 5 years after entry: demand for payment, necessity for; 2-538, 694 demand for payment not made within 5 years; 6-349 insane person, penal institution; 4-565; 5-725 psychosis, development, not conclusive; 5-682 State hospital; by statute treatment at State expense; 2-78; 3-323 "war bride", P.L. 271, Dec. 28, 1945, mentally defective; 5-209 public expense, institutionalized at (sec. 241 (a) (3)): burden on alien to establish mental illness did not exist prior to entry: 8-630 charges fixed by State authorities at less than statutory-prescribed rate; effect; 10-159 confinement beginning before Dec. 24, 1952; 6-349 full cost of care not paid; 7-124 maintenance charges have been & are currently being paid in sum demanded; deportability; 10-159 proximate causes of mental illness developed in U.S.; deportability; 9-57 reentry after deportation, unlawful; see Deportation remained longer: a finding whether alien's overstay is justified, not germane; 13-156 admitted to pursue action under sec. 503, 1940 Act; adverse judgment by court; 9-235 admitted to pursue action under sec. 503, 1940 Act; suit dismissed with prejudice; 9-320 agricultural worker; 10-380 determination of future inadmissibility (sec. 212 (a) (22)), not germane: 12-646 exchange visitor; failed depart upon notification of revocation of extension of stay; 9-239 seaman; 5-127 seaman; departure prevented by arrest; 3-221 stateless, alien became after entry: 13-636 repeal of statute creating; 5-463 sentenced for year or more (see also Sentenced to confinement): confinement, to: what constitutes, sec. 241 (a) (4); 9-380 commuted sentence; 6-562 schemed with aliens re illegal entry but did not accompany them into U.S.; 13-810 transporting for gain within U.S.; 7-889 status, failure to maintain: child of treaty merchant; 1-201 criminal conviction, per se; as violation of nonimmigrant status; 9-100 exchange visitor; 9-239 foreign government official, 1924 Act; 4-36 foreign government official, servant of (admitted prior to July 1, 1940); 1-151 industrial trainee; 10-456 stateless, alien became after entry; 13-636 student admitted before 1952, warrant issued after 1952; 6-458 student; convicted of disorderly conduct (pervert); 9-100 student, inducted into armed forces; 4-630 student, pursued full course of study; accepted part-time employment without permission; 10-519 student, spouse of (F-2); accepted employment; 13-306 visitor for business; secured Soc. Sec. No. & unauthorized employment; 11-610 visitor for pleasure, accepted employment; 8-574; 11-704; 13-483 visitor for pleasure; convicted of disorderly conduct (jostling) for which imprisoned; 6-762 visitor for pleasure; convicted of theft, not imprisoned; 11-864 visitor for pleasure; private bill introduced: 6-651 visitor for pleasure; proceeded conti nental U.S. immediately following adm. to Virgin Islands pursuant 8 CFR 212.1 (b) visa waiver; 12-824 visitor for pleasure, sought employment; 6--234 subversive; see Subversive sufficient, if grounds follow language of statute: 4-684 undesirable alien resident: Act of May 10, 1920; 3-310 1952 Act, sec. 241 (a) (17); 5-425 visa charge (see also Exclusion grounds: fraud or misrepresentation; Exclusion grounds: visa charge; Immigrant; Nonimmigrant): entry as citizen; sec. 503, 1940 Act judicial judgment of citizenship later vacated for fraud: 13-182 entry as citizen in possession U.S. passport erroneously issued; no fraud; 10-770 entry as member armed forces; enlisted under Act of 6-30-50, as amended; undesirable discharge; 8-21 entry as naturalized citizen but naturalization later cancelled for fraud; 3-275; 4-373, 702; 5-759 entry as naturalized citizen but naturalization later cancelled for reasons other than fraud; 7-103 entry as nonquota immigrant, marriage later annulled; same evidence of fraud insufficient sustain sec. 241 (c) charge; 8-493 entry as nonquota immigrant (returning resident); no fraud; 8-500 erroneously admitted as nonquota immigrant (professor, sec. 4 (d), 1924 Act), no fraud; 4-532 erroneously admitted as citizen; child born out of wedlock, no fraud; 5-689 erroneously admitted as citizen; parent's naturalization previously cancelled for presumptive fraud, 1906 Act; 5-218, 517 Filipino; entry occurred on May 1, 1984; 7-242 fraud or misrepresentation (for cases involving sec. 7 exemption from this ground see Discretionary relief): annulment of marriage of alien adImitted as wife of armed forces member; Act of Dec. 28, 1945: 4-345 concealment of criminal record; 3-278, 641; 6-813 concealment of illegitimate child; 6-77 concealment of marriage; 6-746 concealment of prior arrest and deportation; 3-662 conspiracy conviction re entry by misrepresentation; doctrine of estoppel inoperative to sustain ground in dep. proc. absent specific findings by court; 10-214 displaced person who did not accept employment offer, and settled in city other than that specified; 4-663 displaced person who failed to reveal German naturalization; 5-323 failure to disclose true marital status; 4-684; 7-182, 397, 420; 11-196 false testimony as to financial status; 4-735; 8-394 visa charge-Continued fraud or misrepresentation-Continued fictitious name used to obtain visa; 2-638 forged affidavit of support; 7-464 maiden name used to obtain visa; 6-746 membership in foreign Communist Party, failure to disclose; 7-465 membership in foreign C.P., failure to reveal; claim not ideologically a Communist, as defense against willfulness of misrepresentation; 9-570 misrepresentations as to parentage, whereabouts of parents, and foreign residence; 8-134 misstatement of facts, other than name, relating to identity; 8-473 sec. 241 (f) exemption: alien asleep at entry; ineligible; 13-742 alien at entry excludable under sec. alien at entry not immediate relative alien entered on basis bigamous mar- alien entered on basis bigamous marriage U.S. citizen and sec. 212 (h) waiver of inadmissibility; ineligible; 12-861 alien entered surreptitiously; ineligible; 12-479 alien entered without inspection upon fraudulent citizenship claim, completely circumventing visa system; 13-214, 446 alien within provisions sec. 205 (c); ineligible; 10-117 alien's entry without fraud or misrepresentation on her part; 12-671; 13-169, 432 alien's fraud not linked to deportation ground; ineligible; 12-332, 683 applicability in a sec. 246 rescission proceeding; question of; 12-456 applicability to "entry without inspection" charge; 9-585 applicability to fraud relating to nonimmigrant entry; question of; 12-560 applicability to "remained longer" charge; question of; 12-332; 13-514 visa charge--Continued fraud or misrepresentation-Continued sec. 241 (f) exemption-Continued availability in VP proceedings to alien outside U.S.; question of; 12-350 availability to alien in exclusion pro ceedings, based on birth of citizen child; question of; 13-769 entry as nonimmigrant; subsequent sec. 245 adjustment based on fraudulent marriage rescinded; ineligible; 12-683 entry as nonimmigrant student; failed maintain status; ineligible; 13-785 familial relationship, requisite; ques- 10-128; 12-69, 132, 277, 520, 855, visa charge and "no passport" charge linked by common ground of identity misrepresentation; effect of finding of visa validity; 10-87 wife admitted as nonquota immigrant, 1924 Act; husband's citizenship later revoked; 1-84 wife admitted as nonquota immigrant, 1924 Act; marriage later annulled "relation back"; 3-25, 102 "no visa" charge flows directly from visa fraud & misrepresentation; within sec. 241 (f) exemption; 12-69 presented Form I-151 issued pursuant status adjustment sec. 249, 1952 Act; ineligible for adjustment; 7-363 presented Form I-151 upon reentry from Mexico in 1961 following visit to Cuba; 11-615 Derivative citizenship; see Citizenship derivation (after birth) by child born abroad; Citizenship-derivation 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 Detention and interrogation of alien without warrant; authority of immigration officer, question of; 13-838 Dialectical materialism (see also Subversive) ; 3-453 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; 3-714; 5-491 |