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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

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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

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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

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(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

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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.
212 (a) (23) narcotic charge; ineli-
gible; 12-855

alien at entry not immediate relative
as specified in visa; 13-432
alien at entry not nonquota as speci-
fied in visa (sec. 211(a) (3));
10-128; 12-671; 13-169
alien at entry not of quota pref.
specified in visa; 12-156; 13-577
alien entered as nonimmigrant with
cert. of identity obtained
upon
fraudulent citizenship claim; in-
eligible; 13-446

alien entered on basis bigamous mar-
riage U.S. citizen; no fraud; eligi-
ble; 13-432

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-
tion of; 12-156; 13-644
membership in C.P. of Yugoslavia,
concealment of: 10-79
"otherwise admissible" requirement;

10-128; 12-69, 132, 277, 520, 855,
861; 13-19, 214, 432, 446, 577
sister's name used to obtain citizen's
identification card; 7-486
spurious check as to financial status;
7-76, 222

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

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