moral turpitude; see Crimes involving moral turpitude; Moral turpitude naturalization, cancellation; "relation back" doctrine; see Citizenship-loss: revocation of naturalization visa procured by; deportation ground; see Deportation grounds: visa charge Free Rumanian movement; 3-312 Frivolous appeal; see Appeal; Board of Immigration Appeals G Gain, smuggling aliens for; see Deportation grounds: smuggling aliens for gain Gambling; see Crimes involving moral turpitude; Good moral character: gambling offenses, sec. 101(f)(5), 1952 Act German ethnic classification; D.P. Act of 1948; 3-838 Ghent Treaty, discussed; 1-310; 3—191 "Gigolo" Act of May 14, 1937; see Deportation grounds: fraudulent marriage Good moral character (see also Discretion ary relief; Preexamination; Seventh proviso, sec. 3, 1917 Act; Suspension of deportation; Voluntary departure): adulterous relationship; 2-840, 876, 892; 4-480; 5-522; 6-801; 7-156, 365 adultery: admission of commission, without con- determination of; applicability of crim- Iowa; 13-785 marital status, adjustment; 6-675; 801; 7-365 Minnesota; 6-660 New Jersey; 7-376 New York; 6-801; 7-156 Oregon; 10-35 Texas; 7-175 conduct not within enumerated categories of sec. 101 (f) may nevertheless be considered under last sentence thereof in determining; 12-206 confinement to penal institution; sec. 101 (f) (7), 1952 Act: alien on probation during requisite statutory period; effect: 13-777 effect of pardon for conviction resulting in; 7-249 United States citizen, while a; 7-405 defined; 1-158; 611; 2-145, 831; 3-571 distinguished from moral excellence; 1-611 examination of facts (in adm. proc.), to determine; not estopped by dismissal of pertinent counts in criminal proc.; 11-805 false testimony; sec. 101 (f) (6), 1952 Act: burden of proof (within Woodby test); 12-277 evasive, equivocal, discrepant & contradictory statements at dep. hearing; 11-351 false claim to U.S. citizenship in visa petition; 7-706 false information given orally in application for certificate of citizenship; 8-403 false statement in application for extension of stay; 5-514; 6-208 false statement in application for U.S. passport; 8-399 false statements, oral, sworn, in connection with processing of VP: 10-725 false testimony in obtaining citizen's identification card; 7-486 recantation of false testimony, effect; 9-118; see also Perjury: correction of misstatement "testimony" construed; 8-399 fraudulent understatement of income to evade income taxes; 11-805 gambling activities, income derived from; sec. 101 (f) (4), 1952 Act: 8-185 gambling offenses, sec. 101 (f) (5), 1952 Act; 6-242 illicit relationship; 7-247 marital status, irregularities; 3-478, 833 2-842; naturalization cases, standards applicable to; 2-161, 334, 848 nunsupport; 2-161; 3-393 period required to qualify for preexamination; 7-726 perjury within 5-year period, suspension of deportation; 2-492, 830 perjury within 5-year period; voluntary departure and 7th Proviso relief; 2-606 probation, alien on, during requisite statutory period; effect on eligibility for vol. dep.: 13-777 prostitution; 5-559 record of conviction, expungement of. effect (Calif.); 6—619 sec. 101 (f) (3), 1952 Act: convicted (as 8 minor) in Superior Court of Calif. of kidnapping: 9-487 convicted of "petty offense" within statutory period; 7-147; 13-641 convicted of violation of 8 USC 1324 (a) (2): 11-478 single lapse, effect of; 1-611; 2-614; 5-708 voluntary departure, standards same as for suspension; 2-731; see also Voluntary departure Government official, member of family of; failure to maintain status; deportation; 4-36 Government official, servant of; admission in 1919, not for permanent residence ; 3--638 death of U.S. citizen petitioner spouse during pendency of VP; effect; 13-453 evidence of U.S.C. petitioner's birth in U.S., question of; 13-755 marriage in Korea to U.S. citizen whose prior marriage terminated by Mexican "mail order" divorce; 11-482 marriage to U.S. citizen; prior commonlaw relationship in Mexico; 13-584 marriage to U.S. citizen; prior Hong Kong ceremonial marriage terminated by Chinese mutual consent divorce; 11-853; 12-29 marriage to U.S. citizen not consummated; parties have never lived together; 11-613 natural parent of adult citizen adopted while under 14 but who did not enter U.S. as adopted child; 12-421 Immigrant (see also Nonquota immigrant) : classification, immigrant or nonimmigrant: agricultural laborer: 6-491 annual crosser, bringing Christmas trees beneficiary approved 1st pref. VP; in- daily crosser, to collect scrap to be sold order taker for Hong Kong clothing manufacturer: does not solicit; 11-824 salesman, to solicit orders; 8-206 seaman, inadmissible because previously deported: 8-83 truck driver, coming to deliver meat; 6-711 truck driver, daily crosser, coming to deliver fish to U.S. employer; 6-832 TRWOV; following arrival as, applied for admission as political refugee; 11-501 visitor (see also Visitor): bona fide, but inadmissible under 1917 Act; 2-12 doubtful (intent to take up residence); 3-379 effect of previously expressed desire to enter as immigrant; 7-651 work of permanent nature, coming to perform; 2-240; 3-857; 8-460; 10-654, 715 commuter; see Commuter head tax, nonpayment; effect on status; 2-250 question of: as factor; retail floristry, in; alien is a skilled ornamental horticulturist; 11-157 travel agent, as; 10-644 Ineligibility to citizenship: alien claiming exemption from military service: Act of 1924, as amended, secs. 13 (c) and 28 (c); 2-545, 858, 899, 914; 3-249 alien enemy's "objection" to service; 6-342 Argentinian, perm. resident, classified 1-A, induction indefinitely postponed; 13-715 called for service after his country became cobelligerent but found physically unfit; 2-545; 3-249 effectively relieved from military service; question of; 13-715 Siamese, mixed blood; 3-304 returning resident, admissibility as; 7-229 Information from Service records: racial discrimination, to prove; 6-573 Information furnished returning resident by Am. Consul presumed correct absent evidence to contrary; 12-443 Insanity, prior attack; see Exclusion grounds Inspected and admitted, question of; see Adjustment of status: sec. 1, Act of Nov. 2, 1966; Adjustment of status: sec. 245, 1952 Act Inspection; aliens in transit without transshipment from vessel; 6--362 Inspection; all persons on vessels arriving from foreign; 1-370 Inspection; crew of vessels arriving for bunkers; 5-296 Inspection, within meaning of immigration laws; question of; 11-712 Institutionalized at public expense (see, 241 (a)(3)); see Deportation grounds: public expense, institutionalized at Insular possession ; into continental entry U.S. from; 3—632; 7—201 sec. 315, 1952 Intent: alien eligible (L) classification notwithstanding already beneficiary of apprvd. 6th pref. VP: 13-601 employment, immediately prior; must have been in executive, managerial or specialized knowledge capacity; 13-654 executive; 13-601 existing office of employer, benef. coming to; not required by statute; 13-816 "specialized knowledge", alien of; 13-618 "specialized knowledge” qualifies alien for (L) classification as manager, 13-654 Investor, treaty ; see Treaty investor Involuntary return of excluded seaman arrival in U.S.; 7-1 Italy; nationality; 3—558, 671, 761 J as Labor, contract; see Exclusion grounds: contract labor Labor Progressive Party of Canada; see Subversive Landing alien without permission; see Fine: prevent unauthorized landing, failure to Lawful admission to U.S. for permanent res idence: admitted as member armed forces; failed meet requirements Act of June 30, 1950, as amended; 8-21 admitted as member armed forces; honorably discharged after less than 5 years service; 10-17 admitted as natz. citz. 1952, naturalization later revoked for actual fraud; 5-759 amendment or creation of entry record to show; see Entry record, amendment or creation, to show admission for permanent residence "Barred Zone" native, admitted for study in 1920: subsequent continuous maintenance of exempt status; 3-304 child; born abroad, erroneously admitted as ret. resident Feb. 1924; sec. 14, 1924 Act; 3-815 child, born abroad while citizen mother on visit; accompanied mother on first return; no visa; 7-311 citizen at birth under R.S. 1993, admitted to U.S. in 1948, parent's naturalization previously cancelled for presumptive fraud, 1906 Act; 5-218, 517 conditional entrant under sec. 203 (a) (7); 12-609 excludable at time of entry, 1927, on criminal ground although in possession of immigration visa; 2-178 foreign government official, servant of; admitted 1919; 3-638 natz'd citizen expatriated during temp. visit abroad; effect on; 11-414 presumption of, pursuant to 8 CFR 4.2 (j) [now 101.1 (i)]; 8-371; 12-127; 13-557 presumption of, pursuant to 8 CFR 101.1 (i); 9-82, 85 presumption of, pursuant 8 CFR 101.1 (j): 8-313, 421; 9-610; 12-704 residence, permanent; see Residence sec. 13 (b), 1924 Act; 2-252; 3-160 "such status not having changed"; question of; 6-396; 9-749; 11-414; 12-127 Virgin Islands, entry to, prior to July 1, 1938: 1-414 Lawful permanent resident: alien born in U.S. of parents in diplomatic status: 11-190 noncitizen national, status of, equated with that of law. perm. resid. for VP purposes; 6555 status as, not affected by natz'd. citz's. expatriatory act during temp. visit abroad; 11-414 status as, terminated by removal pursuant sec. 23, 1917 Act; 11-740 under 8 CFR 176.101 (n); 3-519 Legal separation, definition and application, sec. 314(e), 1940 Act; 3-742, 850 Legislative pardon; see Pardon Legitimation (see also Child): applicability of sec. 205, 1940 Act; 1-301; 3-226, 794; 4-440 Austria: adoption distinguished from; 6-161 mere acknowledgment does not constitute: 12-199 British Guiana; 9-246 British Honduras; 13-177 California; sec. 230, Civil Code: 6-325; 10-288, 466; 11-183; 12-503, 628; 13-644 California; sec. 230, Civil Code; by natural father; effect on citizenship acquisition: Revised Statutes, sec. 1993; 4-354 sec. 314 (c), 1940 Act; 3-742 China: 6-305; 10-288 decree of State court (Tenn.) as to relationship, collateral attack by upon; 3-657 Dominican Republic; 13-367 France; 7-338 Germany; 12-210 Greece; 12-99 Guyana: 13-604 Hungary; 9-518 Service |