applicability of Woodby standard; 12-84 arrival manifest, alien stood mute; 13-794 attorney-client communications to perpetrate immigration fraud; admissible in sec. 246 proc.; 13-827 authentication of baptismal & school records entered in evidence in dep. proc.; question of; 11-378 birth in U.S.: baptismal record; 13-755 court decree, as; 3-237 delayed birth certificate; 13-755 military records; 6-415 passport, as; 3-680 blod tests to prove relationship; see Blood tests burden (Service) of justifying manner of obtaining evidence introduced; question of; 13-691 citizen of U.S., prior admission as; weight; 2-428 communications, privileged; question of; 6-496; 12-830; 13-827 consideration of material received into evidence; necessity of; 11-759 court dismissed sec. 503, 1940 Act, suit without entry final order; effect; 8-244 court record of testimony; witnesses not produced, although available; 6-300 discrepancies, testimonial; on issue of relationship; 3-608; 5-232 documents in possession of Service before arrest of alien who stood mute: 13-794 exclusion proceedings; rules governing fair hearing; 2-469 (see also Exclusion) fine proceeding; admissibility, even tho may tend impeach exclusion order; 10-240 foreign documents, not authenticated; 6-415 foreign record of conviction, authentication of; question of, 13-336 hospital records containing opinions, conclusions, and hourly notes by hospital personnel; 8-523 illegally obtained, claim of; 13-691, 820 inferences from alien's refusal to testify; 6-246; 7-308; 8-568; 11-213 information from seaman's discharge book, introduction where alien stands mute; 11-489 judicial rules not binding; 5-752; 6-415; 11-213, 585; 13-70 manifest records, weight; 5-220, 370 motion to suppress as illegally obtained; 13-820 newspaper articles; 11-759 objection to introduction, timeliness of; 6-726 police officers, obtained by, during search without a warrant; introduction not violative of Fourth Amendment; 6-726 public charge, nature and quantum of evidence; 3-644 refusal of alien to testify; 3-22; 4-556; 5-60, 175, 242, 370, 484, 738; 6-246, 415; 7-133, 271, 308; 11-213 seaman's Identity Book, alien stood mute; 13-794 self incrimination, privilege against; 4-720; 5-306; 6-246; 7-133, 308; 9-225 Service files and testimony in unrelated proceedings, authority of hearing officer to subpoena; 5-60 Service officer's testimony as to oral statements of alien; 4-760 Service records; denial of request for examination of; 10-567 spouse's adverse testimony, waiver of privilege; 5-738; 6-496 spouse's testimony re confidential communications during existence of mar riage; 12-830; 13-374 State Department certification attesting to revocation of visa: 8-456 statement, derogatory; maker unavailable for cross-examination; 8-105 statement of alien, in preliminary interrogation, in non-custodial setting; admissible notwithstanding absence of Miranda warning; 13-632 statement of alien, preliminary, under oath, voluntarily made; admissibility; 9-225, 646; 11-213, 585 statement of alien, obtained following arrest without warrant in investigative search; admissible, 12-603, 676 statement of alien, preliminary (sworn); necessity of identification where alien stands mute; 7-133, 308 statement of alien, preliminary (sworn); voluntarily made; alien not advised of right to counsel; admissible; 12-302, 821 statement of (Govt.) witness, request for production of; timeliness; 9-650 statement in Alien Registration Form; 4-475; 5-175 statements of alien taken without prior warning of possible adverse use; 5-370 statements, pre-hearing, of Govt. witness; not requested during hearing; subsequent availability; 10-268 statements, pre-hearing; responsibility for determining existence of; 8-696 statements taken in preliminary investigation: 1-408; 4-475; 684; 5-306, 738; 13-95 statements that Govt. witnesses were perjurers; admissibility for impeachment purposes; 9-650 stipulations of fact: set aside, procedure to; 4-378 stipulations of fact-Continued withdraw, alien's right to; 4-561 withdrawal by examining officer; 6-681 translations of documents asserted to be inaccurate; 6-726 undercover agent, testimony of; 5-484 unrecorded statements; 4-760 unsigned statement of alien; 4-684 visa petition proceedings, in; of birth in U.S.; 13-755 witness, credibility of; determination by special inquiry officer; 7-417 witness (Govt.), recall for further crossexamination; 8-696; 9-14, 650 witness who refused to furnish his address, competency of; 5-312 Exceptional hardship; sec. 212(e), 1952 Act; Waiver of foreign residence requirement, sec. 212(e), 1952 Act Exchange visitor: adjustment of status; see Adjustment of status: sec. 245, 1952 Act allegation of unawareness of limitations of such status when first received; effect; 11-603 change of nonimmigrant status; see Sta tus: nonimmigrant, change of, sec. 248 extension of stay; application for; 11-333 foreign residence requirement, sec. 212 (e), 1952 Act: alien admitted as spouse of exchange visitor (J-2); subject to; 11-893 waiver of; see Waiver of foreign residence requirement; sec. 212(e), 1952 Act program transfer; request for: 11-33 status, failure to maintain; see Deportation grounds: status, failure to maintain suspension of deportation, eligibility for; see Suspension of deportation waiver of foreign residence; see Waiver of foreign residence requirement, sec. 212 (e), 1952 Act board of special inquiry-Continued jurisdiction, loss; when applicant entered before board's final order; 3-178 temporary exclusion; 8 CFR 175.57; hearing: 3-777 United States citizenship; board's right to adjudicate; 1-587 burden of proof; 3-777; 5-812 burden of proof; commuter; 13-711 (see also Burden of proof) claim brought to U.S. involuntarily; identical claim raised before courts in criminal proc.; 13-798 coming to commit a crime, immigrant or nonimmigrant classification; 2-48; 3-407 commuter; 13-711 conviction during parole: effect on admissibility; 9-143 not within Fleuti ambit; deportable upon entry; excludability in absence of specific exclusion ground; 1-293; 2-406; 7-565; 8-128, 291 effect of sec. 245 adjustment of status on preexisting ground of; 9-548 effect of sec. 249 adjustment of status on preexisting ground of; 8-288 entry into U.S. during pendency appeal from exc. order; effect; 13-242 estoppel of identical issue raised in criminal proceedings; 13-798 examining officer, right to cross-examine alien in exclusion proceedings; 8-24 excluded alien deemed not to have "entered" the United States; 3-543 foreign naval personnel, inspection on arrival; 2-293 ground; see Exclusion grounds hearings, fair; mentally incompetent alien; 11-329 hearing, de novo; question of; exclusion based on same conduct for which previously finally excluded; 12-462 immigrant or nonimmigrant, determination of status; 3-379 inadmissibility (sec. 212 (a) (22)), future; determination of, not germane dep. proc. on remained longer charge; 12-646 inadmissibility, waiver of, sec. 5, 6, or 7, 1957 Act; continuing effect; 10-1 indictment, admissibility while under; 2-172 inferences from alien's refusal to submit to cross-examination by examining officer; 8-24 Japanese or Korean national who entered Hawaii with limited passport; admissibility to mainland; 3-565 legislation enacted during parole of alien; effect on admissibility; 9-170 mentally incompetent alien; fair hearing; 11-329 motion to reopen proceedings, SIO decision on; Service right of appeal therefrom; 12-73 motion to reopen proceedings to apply for benefits sec. 241 (f) based on birth of U.S. citizen child; 13-769 place to which deportable; see Place of deportation recommendation of court against deportation, effect on exclusion proceedings; 3-236; 6-709; 9-121 returning resident alien: admissibility determined in exclusion (not dep.) hearing; 5-312; 12-358 admissibility determined under law in effect on date of issuance reentry permit; 5-183; 7-229 burden of proof; 12-358; 13-711 marriage on which entry for permanent residence based annulled ab initio; 7-565 right to hearing; 5-712 stowaway; right to hearing; 5-712 Exclusion grounds: affliction, physical or mental; wife of citizen, exemption, sec. 22, 1917 Act; 2-183 assisted alien; passage, reimbursement of society for; 1-111 assisted aliens for gain, 1952 Act: gain, actual or anticipated; question of; 12-358 certification of Sec. of Labor; sec. 212 (a) (14), 1952 Act, as amended: after arrival not employed as maid for which certified; 12-328; 13-362 after arrival resumed prior unrelated employment; took up certified job belatedly (more than year after entry); 13-362 alien certified as legal aide; intends to alien financially secure; intends to con- alien in U.S. no longer in employment alien left certified employment and ob- employment; no alien left certified employment because unable perform all the job duties described in certification requests; 13-11 alien not destined to and had no intention of taking up certified employment; 13-847 alien reported to and actually pursued certified job for short time but intended throughout pursue other employment; 13-264 certification of Sec. of Labor: sec. 212 (a) (14), 1952 Act, as amendedContinued alien reported to certified employment but declined job, no lack of good faith; effect; 12-228 applicability of requirement, test for determining; 12-182 authority of SIO in exc. proc. to determine whether representation on which based was correct; 13-195 bona fide intent to work in U.S.; necessity of establishing: 11-751 certification (cook's helper) cannot be made (Schedule B; 29 CFR 60); 11-781 certification invalid, misrepresentation; other evidence of record establishes skill as claimed, effect; 13—199 change of employer subsequent to visa issuance & prior to admission; no fraud; new certification obtained during course of appeal in exc. proc.; admissible; 13-283 coming to work at 2 different jobs; 12-114 commuter; effect on status of; 9-591 Dept. of Labor guideline for issuance of; substantial compliance with; 13-195 divorcee, mother of 3 minors, selfemployed part-time; 12-182 employee of foreign embassy in U.S. who is nonpref. immigrant alien: 12-348 exemption from; alien engaged in com mercial or agricultural enterprise; question of; 12-86, 187 exemption from, as unmarried child of perm. resident; married prior to entry: effect; 13-746, 782 exemption from; determination of unnecessary where sec. 245 applicant ineligible relief as matter of discretion; 11-796 exemption from; spouse of citizen unsuccessful in effecting marriage reconciliation after entry; 13-309 exemption from at entry under Schedule C-Precertification List, claim of in dep. proc.; 13-782, 847 failure to obtain certified employment due solely to lack of job opening; 12-819 false representations as to true employment or experience, issued on basis of; effect; 13-199 false representation as to true wage, issued on basis of; effect; 13-387 ineligible employer replaced by eligible one after receipt of visa; effect: 9-387 job offer (domestic) withdrawn day of arrival; secured another job as domestic; 13-1 employment previously acquired while in U.S. on visit; 2-374 hockey player, professional; 1-264 moving van helper, international; 3-750 primary purpose of entry as factor: 3-365 restaurant manager; 8-371 singer, professional; 1-682 skiing instructor; 1-198 crime, admission or conviction (see also Conviction of crime; Crime, admission of commission; Crimes involving moral turpitude; Moral turpitude; Pardon; Sentenced to confinement): American Indians born in Canada; 3-300 convicted after entry of crime committed prior to entry; 2-172 convicted while a U.S. citizen; 5-678; 9-524 conviction not in U.S.; 7-356; 8-469; 11-242 conviction of forgery and uttering con- essential elements, acts constituting; aggravated theft, Italy; 12-508 crime, admission or conviction-Continued petty offenses-Continued benefits of sec. 4, 1954 Act; applicability; 6-738; 7-147 benefits of sec. 4; applicability where alien committed 2 offenses-one offense expunged; 7-495 benefits of sec. 4, effect on disabilities flowing from conviction 7-147 classification of offenses committed abroad; 6-508 contributing to delinquency of minor, disorderly conduct (jostling), New 10-598 aggravated; Italy; petty larceny, Illinois; 6-331 petty theft, Texas; 6-435 proviso as to "only one such offense": 6-435; 7-495; 9-218 punishment "actually imposed", determination of; 8-4 punishment actually imposed less than 6 mos.; maximum sentence provided by State statute exceeds 1 year; 8-488 receiving stolen property: Illinois: 11-239 robo and lesiones, Mexico; 10-7 sentenced to imprisonment for more than 6 months; 8-453 political offense; 4-108 recommendation against deportation; see Recommendation against deportation suspension of execution of sentence as factor; 3-569 time of admission, requirement; 5-676 two crimes before 18th birthday; 1952 Act: 5-639 waiver of: alien at liberty under sentence-imposed bond; 10-755 alien convicted of continued extortion in operation resembling organized criminal band; 11-21 alien entered as nonimmigrant; ineligible; 13-43 alien in U.S.; ineligible for sec. 245 adjustment, effect; 12-399; 13-42 alien separated from wife but supporting her & their 2 U.S. cit. children; 12-319 alien under dep. proc.; ineligible for sec. 249 adjustment, effect; 13-42 alien's marriage to wife on whom hardship claim based did not exist at time of last entry; ineligible; 11-259; 13-42 authority of SIO to grant in exclusion proceedings; 11-175 crime, admission or conviction-Continued waiver of-Continued "extreme hardship"; determination of; 11-560, 635; 12-319 "extreme hardship"; term construed; 12-810 "extreme hardship" to alien himself; not a factor; 12-810 nunc pro tunc; question of; 11-259; 13-42 pattern of responsible conduct and marriage stability now reflected; 11-560 departure to avoid armed forces duty: after induction; 2-482; 3-265 age, below (few days before 18th birthday); 2-417 "commuter" at time of departure; effect; 12-621 desertion from armed forces; 2-482; 3-266; 11-501 draft delinquents; 2-420 liability for duty as factor; 2-282, 401, 417 nonimmigrant, formerly a lawful permanent resident; 6-186 nonimmigrant; formerly a law. perm. resid. [who departed under induction orders to return as draft-free nonimmigrant]: 13-268 primary purpose; application of stand ards for expatriation under sec. 401 (j), 1940 Act, for same cause; 4-452; 6-146 retroactive effect of statute; 2-401, 417, 482 fraud or misrepresentation, sec. 212 (a) (19), 1952 Act: alien previously finally excluded; introduction of prior record to establish present excludability, question of; 12-462 availability relief under sec. 7, 1957 Act, to alien in U.S. ineligible for preexamination; 8-68 citizen's identification card as "documentation"; 7-486 concealment of arrests; 9-623 concealment of arrest and conviction; 6-813 concealment of Communist Party mem bership; 9-627 concealment of criminal conviction, crime concealed subsequently pardoned; 7-508 concealment of police record: 6-584 conspiracy conviction re entry by misrepresentation; doctrine of estoppel inoperative to sustain ground absent specific findings by court; 10-214 extensions of stay as "documentation": 6-315 failure to disclose prior deportation; 7-161; 10-231 failure to divulge prior unlawful residence in U.S.; 7-306 fraud or misrepresentation, sec. 212 (a) (19), 1952 Act-Continued failure to reveal arrest and pending criminal proceeding; 9-506 failure to reveal C.P. membership; claim not ideologically a Communist, as defense against willfulness of misrepresentation; 9-570 false letter of employment; alien commuter; 11-738 false statements by nonimmigrant student as to financial status; 8-394 forged affidavit of support; 7-464 fraud, distinguished from "willful misrepresentation"; 7-161 marital status, concealment of relevant facts; 7-182; 11-196 materiality of misrepresentation; 7-40, 76, 222; 8-134, 473; 9-602, 623, 627, 636; 10-409 materiality of misrepresentation; criteria for determining; 9-436 misrepresentation as to identity; 9-602, 636; 10-87, 109 misrepresentation cut off relevant inquiry; burden on alien to establish true facts; 9-436 "other documentation" defined; 7-486 procurement of documentation; 7-73 procurement of documents for another: 6-259 procurement of laborer's permit in name of another; 6-164; 7-233 purchase of entry document from private individual; 9-324 retrospective and prospective applica tion; 6-149, 752 spurious offer of employment; 10-409 waiver of: authority of SIO to grant in exclusion proceedings; 11-175 complete rehabilitation and reformation evidenced; 10-696 hardship; question of; 10-696 illiterate: exempted persons; 2-260 lawful permanent resident, returning; 3-159 mainland, coming from Hawaii or Guam; Puerto Rican residents; 3-159 religious persecutee; 1-280; 2-260: 3-801 test, kind of; 2-620 immoral purpose; 1-71, 218, 373; 3-218: 5-185; 6-444 ineligible to citizenship (see also Ineligi bility to citizenship): armed forces deserter in wartime: effect of possible repatriation under sec. 349 (a) (8): 6698 convicted of murder; 13-166 generally (aliens claiming exemption from service in armed forces on account of alienage); 2-545, 858: 3-249; 5-106, 206, 301: 6-766: 9-720; 13-715 |