criminal cases, looking outside record of conviction; 1-8; 3-792 discretionary denial, notwithstanding statutory eligibility; 12-206 duty to advise alien in deportation cases as to possible administrative relief; 5-630 effective enforcement of immigration laws as factor; 4-589 enemy alien brought for internment; 4-64 enemy alien, objector to military service; 3-532 Foreign Agents' Registration Act of 1938, as amended, conviction under; 3-310 good moral character (see also Good moral character): adulterous relationship; 2-840, 876, 892; 4-480; 5-522; 7-156 1-79; 2-595, 700, 712, 905 refusal of alien to testify; 7-697; 11-210 sabotage of vessel; 2-582 seaman, recently arrived; 3-869 sec. 4(a), 1924 Acts; see Documentary requirements: waiver of visa; sec. 4 (a), 1924 Act sec. 5, Act of Sept. 11, 1957 (see also sec. 212 (h) entry under this mainline title) : advance waiver in current proceedings where alien ordered excluded; 8-325 alien in U.S. ineligible for preexamination; 8-68 alien in U.S. who failed qualify for preexamination by 6-30-59; 8-478 discretionary denial; 9-1 extreme hardship; question of; 9-1 nunc pro tunc exercise; 7-713; 8-608 waiver under; continuing effect; 10-1 sec. 6, Act of Sept. 11, 1957: waiver under; continuing effect; 10-1 sec. 7, Act of Sept. 11, 1957 (see also sec. 212 (i); sec. 241 (f) under this mainline title): advance waiver in current proceedings where alien ordered excluded; 8-325 alien in U.S. ineligible for preexamination; 8-68 parent of adult U.S. citizen child; eligibility; 8-140, 355 waiver under; continuing effect; 10-1 sec. 13, Act of Sept. 11, 1957; see Adjustment of status sec. 13(b), 1924 Act; see Documentary requirements: waiver of visa; sec. 13 (b), 1924 Act sec. 13 (d) and (e), 1924 Act, time limitation; 1-84; 5-525 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; 8-665; 10-236 authority of Regional Commissioner, without institution of dep. or exc. proceedings; 7-525 authority of special inquiry officer at warrant hearing; 6-321 child born abroad erroneously admittted as citizen, accompanied by alien mother applicant for admission under Act of Dec. 28, 1945; 11-253 child born abroad erroneously admitted as citizen on second return of citizen mother: 7-136 nunc pro tunc exercise; 8-131 quota availability, 7-304 time limitation; waiver of inadmissibility not based on sec. 212 (a); 8-291 sec. 212 (d) (4) (A), 1952 Act; see Documentary requirements: waiver of, sec. 212 (d) (4) (A) sec. 212 (e), 1952 Act, as amended; see Waiver of foreign residence; sec. 212 (e), 1952 Act sec. 212 (h) [formerly sec. 212 (g)]; see Exclusion grounds: crime, admission or conviction: waiver of subversive: Communist Party member, former; 3-411, 787; 6-713 Communist Party, former nominal member; eligibility under sec. 244 (a) (5), 1952 Act; 5-141 Communist Party of England, former involuntary member; 5-72 excludable as; 3-784 Fascist Party, Italian, former member; 2-582 sec. 19 (d), 1917 Act, as amended; effect; 4-675 suspension of deportation; see Suspension of deportation voluntary departure; see Voluntary departure Dishonorable discharge while abroad; return to U.S. as military prisoner not deemed "entry"; 3-536 Dishonorable discharge following honorable one; status of wife under Act of Mar. 19, 1951; 4-622 Disorderly house or bawdy house; see Crimes involving moral turpitude Displaced Persons Act of 1948: ethnic German classification, sec. 12; 3-838 misrepresentation as to intention to accept offer of employment; 4-663, 748 misrepresentation as to nationality status; 5-323 subversive; see Subversive District Director: authority (sole) in dep. proc. to determine Sched. C precertification qualifications of nonpref. sec. 245 applicant; 13-572 institution of dep. proc.; within province of; 13-680 Divorce: absentee, under Jordanian-Moslem law, by party domiciled in Conn.; 7-556 absentee, under Jordanian-Moslem law; plaintiff in Jordan, defendant in Colombia; 10-580 absolute or limited; legal separation; sec. 314, 1940 Act; 3-742 China, in; by U.S. resident; 6-195 Chinese mutual consent divorce; not valid to terminate Hong Kong marriage by civil ceremony; 11-843; 12-29 custody of child, conflict of State laws; 3-845 foreign, comity between nations; 2-886; 6-272 foreign consul in U.S., by; 6-470; 11-369 foreign, obtained while either party domiciled or physically present in U.S.; 3-33, 227: 4-610; 6-195; 7-556; 8-16 Germany, in; by U.S. resident, national of Germany; 1-677 Germany; enforced decree based on racial grounds; 5-1 in absentia. Hungary; obtained by nationals of Hungary domiciled in New York; 10-264 in absentia, Pakistan; obtained while living in England; 10-561 in absentia, Yugoslavia; obtained by nationals of, living in Canada and California; 12-284 Massachusetts; decree nisi; finality; 9-296 Mexican, both parties residents of & domiciled in Mexico but did not appear before court; recognized in California; 13-244 Mexican, "mail order"; 1-679; 3-33; 4-610; 8-16; 10-370; 11-109; 12-835; 13-26, 152 Mexican, plaintiff physically present in Mexico; 3-227; 5-659 Mexican; plaintiff physically present in Mexico only to obtain lawyer; did not appear before divorce court; 13-26, 152 Mexican plaintiff residing in Mexico and defendant in Lebanon; 6-272 Mexican, prohibiting remarriage within 1 year; remarriage in Illinois within restricted period, effect;12-237 New York; deserted spouse; 7-156 nunc pro tunc, effective; Colorado; 3-845 Philippine Islands, recognition in; obtained in U.S. by U.S. citizen terminating marriage in P.I. to Filipino; 12-299 proxy, under Jordanian-Moslem law, by plaintiff in Puerto Rico, defendant in Jordan; 11-179 State court, granted by; collateral attack in visa petition proceedings; 8-251 Turkey, in; canonical; validity; 9-430 valid in foreign country where domiciled; effect of residence elsewhere; 1-677; 3-33, 227 Doctrine of collateral estoppel; see Estoppel, doctirne of Documentary requirements: adopted child, Act of Dec. 28, 1945; 3-608 child born abroad while citizen mother on visit; 2-188; 7-311 child born abroad while legally resident alien mother on visit; 2-188; 3-215 native-born Canadian coming for visit of less than 30 days; 2-518 returning lawful resident, after temporary absence; 1-369 returning lawful resident, after temporary absence (crewman; temporary employment ashore in Saipan between sailings); 7-314 returning lawful resident, after temporary absence (intention to take up residence in U.S.); 3-519 returning lawful resident, after temporary absence (naturalized citizen at time of last entry, naturalization later cancelled for fraud); 3-275 returning lawful resident, after temporary absence (naturalized citizen whose citizenship was lost while abroad); 11-414 waiver of; sec. 211 (b), 1952 Act; 7-314; 8-143, 249; 11-414; 13-557 waiver of; sec. 212 (d) (4) (A), 1952 Act: 8-485; 13-251 waiver of passport; sec. 211 (e), 1952 Act; 11-249 waiver of visa; secs. 4(a), 13(b), 1924 Act; sec. 30, 1940 Act; 3-582 waiver of visa; sec. 13(b), 1924 Act; 1-10, 232, 321; 3-582 waiver of visa, 8 CFR 212.1(b); not applicable entry continental U.S. from Virgin Islands; 12-824 wife of citizen veteran of World War II; 3-371 Documentation, other; sec. 212(a) (19), 1952 Act: application for extension of stay, 6-315 citizen's identification card; 7-486 as: election of nationality-Continued obligation to elect by dual national at birth; 1-389; 2-347; 4-756; 9--411 obligation to elect by dual national thru marriage to alien in 1934; 3-107 passport of his foreign nationality, use of, 3-98 residence abroad after reaching majority and return to U.S. prior to Jan. 13, 1943; 1-476 residence abroad after reaching majority and claims of U.S. citizenship before and after reaching majority when entering U.S. for visits; 2-124 residence abroad after reaching majority; return to U.S. before 1941 for short period followed by permanent residence abroad; 1-496, 685 sec. 401(a), 1940 Act, persons within; one who already elected U.S. nationality and has abided by such election; 1-496 sec. 401 (a), 1940 Act; "taking up residence in U.S." before 23d birthday or Jan. 13, 1943; 1-24, 476, 496, 502, 536, 548, 596, 685; 2-6, 124, 598; 3-98, 470, 690, 761; 6-590; 10-394 voluntariness of election; 1-551 voting in Canada after electing U.S. nationality; 1-536 loss of nationality, sec. 350, 1952 Act: applies to all dual nationals at birth; 7-195 benefits of foreign nationality, sought or claimed: acceptance of right to develop a parcel of communal land in Mexico; effect; 9-664 acquisition of property in Mexico in area restricted to ownership by Mexican citizens; 10-630, 740, 13-488 acquisition of property in Mexico without authorization required of non-Mexican nationals; 7-218 after attaining 22d birthday and subsequent to Dec. 24, 1952, followed by 3 years' residence; 7-195 after attaining 22d birthday and subsequent to Dec. 24, 1952, preceded by 3 years' residence; 7-195 Certificate of Retention of Canadian citizenship, application for and receipt of; 12-221 ignorance of claim to U.S. citizenship; effect; 9-482 Mexican nationality, to gain admission to U.S. as agricultural worker; 7-718 nature of benefit required to effect nationality loss; 7-718 obtaining foreign passport; 9-411 obtaining foreign passport without using it for travel; 8-112 presentaton of foreign passport at time of admission to U.S.; 8-112 prior to, but not enjoyed after, Dec. 24, 1952; 7-195 distinguished from plebiscite; sec. 401 (e), 1940 Act; 2-436 dual national, by; to retain U.S. nationality; see Dual national voting as act of expatriation; see Citizenship-loss Eligible orphan; see Child: eligible orphan Entry: armed forces, as member of; failed meet requirements Act of 6-30-50, as amended; 8-21; 10-17 armed forces, mbr. dishonorably discharged; return to U.S. as military prisoner; 3-536 arrived at other than designated port, had proceeded to airport 10 miles inland when apprehended; constitutes; 12-191 at place not designated; deportation charge, distinguished from entry without inspection; 1-617 child, of; born abroad while citizen mother on visit; no visa; 7-311 citizen, as; under view of Service subsequently reversed; 5-517 citizen, as; erroneous, good faith; 5-218 deportation proceedings based upon; see deportation grounds fictitious name, alias, or other name used for; legality; 2-644 Filipino, from Hawaii; subsequent May 1, 1934; 7-201 immoral purpose; concubinage; 3-218 1-373; naturalized citizen whose citizenship was cancelled after; applicability of relation back doctrine to documentary charges; 5-759; 7-103 question of, to sustain deportation or exclusion ground see Entry into U.S. (whether or not an entry has been made) question of, to sustain exclusion ground; see Entry into U.S. (whether or not an entry has been made) record; nonexistence of; effect in deportation proceedings; 1952 Act; 5-181 records; errors; legality; 2-644 reentry as "entry" for deportation purposes; 1-4, 510 selection of any, as basis for deportation charge; 6-684; 9-643 under 1917 Act, as distinguished from 1924 Act; 3-632; 7-201 Virgin Islands, to; prior to July 1, 1938; 1-414 without inspection; deportation ground; see Deportation grounds: entry without inspection Entry into the United States (whether or not an entry has been made): armed forces, member of: 4-126, 630 armed forces, former member who elected to remain abroad at time of discharge and thereafter returned to U.S.; 3-539 arrived at other than designated port and had proceeded to airport 10 miles inland when apprehended; 12-191 drunk, following departure of which he was unaware because; 4-235 excluded alien who is permitted to sojourn in U.S. (parole); 3—543 extradition from foreign country to stand trial in U.S.; 3-632 Filipino, noncitizen national, arrival in U.S. in 1926; 4-569 Filipino, noncitizen national upon arrival before May 1, 1934, last entered as returning resident after July 4, 1946; 5-668 Filipino, noncitizen national upon arrival (Hawaii) in 1924, last entered (Hawaii) 1951 returning from employment in Kwajalein Island (trust territory); 7-128 fishing trip, return from; alleged ignorance of foreign destination; 5-220 insular possessions, from; to continental U.S.: 3-632; 7-201; involuntary departure from U.S., after: 3-536 knowledge of foreign stops, en route (return to U.S. by air); 3-632 return from 1-day visit in Mexico, paroled for prosecution on narcotics charge & convicted; 11-625 return from 10-day vacation in Mexico; 10-480 return from 2-hour absence to Mexico; not lawful permanent resident; Wadman inapplicable; 11-106 Entry into the United States (whether or not an entry has been made)-Continued return from abroad as a military prisoner; 3-536 return from a month's absence to Portugal to visit parents; 10-529 return from a month's vacation in Mexico; 10-551 return from a week's absence to Mexico to visit and make a pilgrimage; 11--432 return from brief absence to Mexico to visit relatives; 10-341 return from brief sight-seeing trip in Mexico; 10-376 return from brief visit to Mexico to pay condolences; innocent nature of trip transformed by conduct while there; 13-810 return from foreign country, every; exceptions; 3-481 return from intermittent weekend visits with family in Mexico; 13-750 return from overnight visit in Canada linked to gambling activities; 10-522 return from short visit (of criminal in tent) in Mexico (attempted without inspection); 13-449 return from short visit to Canada to appear in court for criminal misconduct; 12-170 return from short visit to Mexico during which engaged in conduct considered criminal by I&N Act; 13-369 return from short visit to Mexico to report to clerk of court there and sign bond book; 11-15 return from visit in Mexico during which convicted for criminal misconduct; 11-478 return of alien denied entry in foreign port; 6-638 return of nonimmigrant from overnight visit to Mexico seeking entry for perm. resid. without visa; 13-324 return of unemancipated minor from absence abroad accompanying stepfather under military orders; 10-304 return (without inspection) from brief visit in Mexico (lawful permanent resident); 11-103 Entry record, amendment or creation, to show admission for permanent residence Continued child-Continued erroneously admitted as ret. resident; erroneously admitted under Quota Act of 1921, exemption 9; 3-815 quota exhausted before charge could be made (1923); 3-391 reentry as treaty trader; previous lawful admission for permanent residence; 2-834 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. 245, 1952 Act; see Adjustment of status: sec. 245, 1952 Act sec. 249, 1952 Act: see Adjustment of status: sec. 249, 1952 Act suspension of deportation; see Suspension of deportation Estoppel, doctrine of; operation in dep. proc. as to conspiracy conviction re entry by misrepresentation, absent specific findings of court; 10-214 Estoppel, doctrine of; operation in dep. proc. as to expatriation finding of court in deeclaratory judgment suit; 7-407 Estoppel, doctrine of; operation in dep. proc. as to subversive organization membership finding by court in denaturalization suit; 8-577; 9—127 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: admission of alien, voluntary, made during preliminary interrogation & while not under arrest; 13-522 admissions made in preliminary interroga- affidavits of deceased witnesses; 6-496 Form I-95; voluntarily produced and turned over during Service investigative search; admissible; 13-30 alien's rights controlled by Jencks statute: 8-696 allegations Service & atty misconduct, matters outside administrative dep. record; should be under oath; 13-680, 790 |