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Japanese ceremony in U.S., subsequent

registration when both parties in
Japan followed by cohabitation;
7-354

Japanese or Christian ceremony, reg-
istered in accordance with Japanese
law, citizen spouse not in Japan at
time of registration; 4-622
registration, necessity; 6-522
registration at time citizen husband was
in U.S. and wife in Japan, but pre-
ceded by Japanese ceremony and co-
habitation in Japan; 6-278
registration at time citizen husband was
in U.S. and wife in Japan, not pre-
ceded by Japanese or Christian cere-
mony: 4-650, 699

Korea, in: contracted between Korean and
U.S. citizen whose prior marriage dis-
solved by Mexican "mail order" divorce;
11-482

Macao, Portuguese China, by Chinese cus-
tom: validity; 7-587

Mexico, by proxy; following Mexican "mail
order" divorce; 10-370

Mexico; validity; 1-301; 3-485; 4-405;
13-584

Michigan, in; between U.S. citizen and cit-
izen of P.I. whose prior marriage in P.I.
to Filipino dissolved by Mexican "mail
order" divorce; 12-490

minors, of:

Illinois; voidable, not valid; 9-89
Indiana; voidable, not void: 10-444
Michigan; 13-705, 824

Wisconsin, voidable, not void; 10-444
miscegenation, as ground of invalidity;
3-480; 7-108

Missouri; contracted before divorce
(Okla.) became final; validity; 1-627
Nevada, in; following Mexican "mail
order" divorce; 13-26, 152

New Hampshire, in: contracted before
divorce decree nisi (Mass.) became

final; validity; 9-296

New York, in; contracted while spouse
by a prior undissolved marriage still
living: 11-526

New York, matrimonial domicile in, of
parties married in Nevada following
Mexican "mail order" divorce; 13-152
New York; presumption of death of
spouse: 7-156

Philippine Islands, contracted in:

between citizens of; husband's prior
marriage in P.I. to Filipino dissolved
by divorce obtained by first wife in
Hawaii; 12-743

between cit. of P.I. and U.S. cit. whose
prior marriage dissolved by Mexican
"mail order" divorce: 11-109;
12-835

between U.S. cit. and Filipino whose
prior marriage dissolved by divorce
obtained in U.S. by first U.S. cit.
spouse: 12-299

during life of wife by previous undis-
solved marriage; 10-43

in belief spouse by prior undissolved
marriage deceased; 12-160

tribal marriage, by; valid; 13-393
polygamous, valid where performed; recog-
nition for immigration purposes; effect
of subsequent divorce from first spouse:
9-640

presumption of validity:

California; 7-469

England: 6-440

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fraud or misrepresentation; see also Deportation grounds: visa charge: fraud or misrepresentation

Missionary; eligibility for benefits of sec. 308, Nat. Act of 1940; 3—649 Month; construed by Supreme Court; 2—578 Moral turpitude (see also Crimes involving moral turpitude) :

attempt to commit crime; rule for determining turpitude; 2-141; 3-56 charges of prosecuting authorities to proceed to conviction, as factor; 7-342 convicted of lesser crime (burglary, New York); 4-241

criteria adopted by the courts; 1-55, 76,

190, 447, 511; 2-121, 140, 145, 164, 227, 236, 334, 357, 361, 479, 544, 556, 611, 634, 726, 744; 3-274; 7-616 definition, Solicitor of Department of Labor; 2-141

disbarment proceedings, Calif., determination in; 2-739

divisible statute; conviction record refers merely to section of law; 10-136 drunk, offense committed while; 2-737 foreign crime; 2-320, 519, 869; 3-56; 4-17; 5-87, 129

indictment containing allegations not necessary for conviction; 6-98 indictment (one count) charging several acts; 6-444

indictment; use, to determine; 6-795 juvenile, delinquency: see Juvenile delin

quency

juvenile offense committed in foreign jurisdiction; U.S. standards; 2-319

name of offense as factor; 2-22; 3-3 obliquity of offense as distinguished from obliquity of individual; 2-145

probation officer's report; use, to determine: 1-137

record of conviction; use, to determine; 1-540; 2-213; 3-193; 4-241; 5-463, 642; 7-342

record of conviction; use, to determine: divisible statutes; 2-217, 357; 4-490; 5-65; 6-444; 10-136

State's Attorney's remarks to court at time of sentencing: use, to determine; 10-136

Motion to reopen proceedings; See Deportation: reopening of proceedings; See also Exclusion: motion to reopen proceedings Multiple charges; see Deportation grounds: multiple charges

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distinguished from user; 2-73, 474: 3-620; 8-108

evidence; hospital records; 8-523 evidence, sufficiency of alien's admission

which was later repudiated; 8-108 evidence, where alien sentenced to narcotics farm or hospital for treatment: 2-473

dealer in, question of; 2-473

legislative history of Act of Feb. 18, 1931; 1-160

National, noncitizen, of United States: acquisition and loss of nationality; see also Citizenship

American Samoa, Swains Island; natives

born prior to 1952; 3-589, 729; 5-144 birth abroad before Jan. 13, 1941; to noncitizen national parents: 5-380

Guam, natives and inhabitants of; 3-589 marriage of American woman to racially ineligible alien in 1929, effect upon her nationality status; 2-778

tinued

Philippines, citizens of; termination of

U.S. nationality on July 4, 1946; 6-182 Philippines, natives of, residing in U.S. since before May 1, 1934; deportability; 3-155, 184, 396

racial requirements for acquisition of noncitizen nationality; 3-729

VP purposes, for; status equated with that of lawful permanent resident alien;

6-555

Native-born citizen:

evidence, burden of proof, application for admission to the United States; 3-680 loss of citizenship; see Citizenship-loss wife of, afflicted with disease; exemption under sec. 22, 1917 Act; 2-183 Naturalization (see also Citizenship-derivation

(after birth) by child born abroad) : absence abroad, sec. 307(b), 1940 Act; timeliness of application; "employed" construed; 4-196

absence abroad; sec. 308, 1940 Act; missionary, clergyman, nun; 3-649 absence abroad; sec. 316(b), 1952 Act: foreign employment, only part

5-332

one-day visit to Canada; 7-710

time:

study abroad under Public Health Service fellowship; 8-520

absence abroad; sec. 317, 1952 Act:

clergyman sent abroad by private corporation; 8-533

cancellation of; see Citizenship-loss: revocation of naturalization defined; 3-676

doubt as to loss of citizenship, to remove; 2-274

draft dodgers, ineligibility; 2-390 see also Ineligibility to citizenship: alien claiming exemption from military service foreign, by operation of law; see Citizenship-loss: reacquisition of foreign nationality by operation of law

Lodge Act (as amended), under; honorable discharge after less than 5 yrs. service in Armed Forces; effect; 10-17 petition for; termination of deportation proceedings to permit filing of; 6-713; 9-106: 11-193, 436; 12-782

Puerto Rico, native, born to alien parents; eligibility under sec. 322, 1940 Act; 4-29

repatriation:

Act of June 25, 1936; woman who had lost citizenship through marriage; 1-127, 283; 4-723

sec. 323, 1940 Act, as amended by Act of Aug. 7, 1946; repatriation not deemed "naturalization"; 4-248

sec. 323, 1940 Act, not affected by provisions of sec. 323 (as amended by sec. 23 of Int. Sec. Act of 1950); 5-23 termination of dep. proc. to proceed toward; question of: 6-713; 9-106; 11-193, 436; 12-782; 13-701

2293

New York:

annulment of foreign marriage; effect on persons admitted by virtue of marital status; 3-25, 102

conflict of laws, New York and Nevada; divorce; custody of child; 3-228, 848 Domestic Relations Law:

sec. 7-a; divorce, deserted spouse; 7—156 sec. 81, guardianship of children; 3-710 Mental Hygiene Law; 2-540

Ninth Proviso, sec. 3, 1917 Act:

criminal offense; railroad employee; border crosser; 2-239

draft dodger; 2-423

inadmissible under Act of Oct. 16, 1918; 1-298

past member British Communist Party; 2-466

Nolo contendere, plea of; 1-619; 5—198, 759

Noncitizen national of United States; see National, noncitizen of United States Nonimmigrant:

adjustment of status; see Adjustment of

status

alien coming in managerial, executive, or specialized knowledge capacity, sec. 101 (a) (15) (L); see Intracompany transferee

alien coming to perform temporary services [(H) (ii)]; see Alien coming to perform temporary services

alien of distinguished merit and ability [(H) (i)]; see Alien of distinguished merit and ability

bond; DD authority to require as condition precedent to grant status sec. 101 (a) (15) (H); 10-710

change of status, sec. 248, 1952 Act; see Status: nonimmigrant, change of classification, question of; see Immigrant: classification, immigrant or nonimmi

grant

classification as, may not be substituted for pref. classification to overcome quota over-subscription; 10-715

effect of previously expressed desire to enter as immigrant; 7-651 exchange visitor; see Exchange visitor extension of stay:

application for: authority to adjudicate rests solely with DD; 11-335 authority to revoke; 9-239; 11-446 exchange visitor; 11-333

visitor for business; 11-285 failure to maintain status: see Deportation grounds: status, failure to maintain fiance(e) of U.S. citizen; sec. 101 (a) (15) (K), 1952 Act; see Fiance (e) of U.S. citizen

industrial trainee [(H) (iii)]; see Industrial trainee

intracompany transferee; see Intracompany transferee

private bill, introduction of; effect on

status; 6-651

resident of Puerto Rico desiring to visit continental United States; 5-441

student; see Student

treaty investor; see Treaty investor treaty trader; see Treaty trader visitor; see Visitor

waiver of documents; see Documentary requirements

work of permanent nature, coming to perform; see Immigrant: classification, immigrant or nonimmigrant

Nonquota immigrant (see also Immediate relative; Returning lawful permanent

resident alien) :

accorded nonquota status previously, question of; sec. 204 (c), 1952 Act, as amended [formerly sec.

205 (c)]; see Visa: petition for: sec. 204 (c), 1952 Act child, adopted; sec. 101 (b) (1), 1952 Act; 5-289; 8-118, 151, 242; see also Child: adopted

child born abroad to accompanying lawful resident mother; 3-215, 262

child born out of wedlock, classification as stepchild, 1952 Act; 5-120, 781; 7-623, 685; 11-449, 455; see also Child: stepchild

child born out of wedlock in China, legitimate as to mother; 6-305

child born out of wedlock in France; acknowledged by citizen husband of mother but not natural father; 7-338; see also Child: legitimated

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marriage to U.S. citizen; no bona fide marital relationship; nonquota VP filed under compulsion of court order: 11-315

marriage to U.S. citizen, parties separated; 5-305; 11-446

marriage to U.S. citizen; prior marriage terminated by Jordanian-Moslem divorce obtained in absentia; 10-580

marriage to U.S. citizen; prior marriage terminated by Mexican "mail order"

divorce; 8-16

marriage to U.S. citizen; prior marriage terminated by Turkish canonical divorce: 9-430

marriage to U.S. citizen in England; prior marriage terminated by Moslem divorce obtained in absentia in Pakistan; 10-561

minister of religious denomination:

bona fide organization:

Salesian Society of Catholic Church: 5-700

Salvation Army; 5-173

Vedic Society of America, Inc.: 10-758

failure to actively carry on vocation dur

ing required 2-year period; question of: 1-147; 3-162; 10-712 minister; sec. 4 (d), 1924 Act; 1-147; 3-162

need for services; question of; 10-712 seeking to enter "solely" to carry on vocation of; 5-700; 10-712, 758 sec. 2, Act of Oct. 24, 1962: retention of status; question of; 10-701. 750

sec. 4, Act of Sept. 22, 1959:

eligibility for preference quota status need not be continuous and uninterrupted; 9-471

fourth pref. applicant adopted after 14th birthday ineligible; 9-67 retention of parent-child relationship; age or marital status of child, as factor: 9-92, 471

"status", as used in proviso, construed: 9-471

sec. 6, Act of Sept. 22, 1959:

beneficiary spouse not related to petitioner at time of entry to U.S.; 8-626 eligibility for preference quota status need not be continuous and uninterrupted; 9-472 retention of parent-child relationship: age or marital status of child, as factor; 9-92, 471

status, as used in proviso, construed: 9-471

sec. 25(a), Act of Sept, 26, 1961:

retention of "relationship"; question of; 11-710

stepchild: adopted by alien parent prior to marriage to U.S. citizen; 8-242

stepdaughter, adult, not within sec. 101 (a) (27) (A), 1952 Act; 5-512

Non vult contendere, plea (N.J.); effect; 3-793

Northern Ireland; juvenile

3-772

Norway:

delinquency;

citizenship treaty between U.S. and Norway; 3-98

nationality; 3-98, 597, 668

Notice to detain crewman (see also Fine): appeal from notice or order to detain; 1-370

delegation of powers by Service officer in charge to immigrant inspector; 1-865, 470

duty to detain, absolute character of; 1-370, 419

form of notice; 1-370

medical treatment, necessary, landing of crewman for; 1-555

validity of notice where crewmen's names not specified; 1-865

Nune pro tunc relief:

permission to reapply for admission; 1-6; 6-73

sec. 3, 7th Proviso, 1917 Act; 1-6; 3-571 sec. 5, Act of Sept. 11, 1957; 7-713; 8-608

sec. 7, Act of Sept. 11, 1957; 8-608 sec. 211 (c) and (d), 1952 Act; 8-131 sec. 211(e), 1952 Act; 11-249

sec. 212 (c), 1952 Act; 5-598; 6-392, 405

sec. 212 (d) (3) 1952 Act; 8-285, 302

sec. 212 (d) (4) (A), 1952 Act; 8-485

sec. 245, 1952 Act; 10-187; 13-161

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taken in U.S., effect; 1-558 voluntariness, foreign military service (Lithuania); 3-701

war, while United States was at (World War I); 2-268, 792

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Pacifism, determination whether prejudicial to interest of United States; 5-248 Pandering, distinguished from charge "assist ing a prostitute"; 3-290 Pardon:

absence of pardoning authority; effect on deportability under sec. 241 (a) (4):

12-750

act of grace and mercy; 2-590

character, whether absolute or conditional; 3-551, 810

conditional ("to avoid deportation"):

New York; 6-355

Ohio; 5-630

Vermont; 3-551

deportability; no effect upon, where evidence exclusive of conviction record sustains ground; 3-469

deportability under sec. 241(a) (1), 1952 Act; 6-90

deportability under sec. 241 (a) (12); effect on, where evidence exclusive of conviction record insufficient to sustain charge: 7-370

dismissal of information (Nev.); effect: 13-56

excludability, effect on; 6-90, 96 expungement; deportability (sec. 241(a) (4)) after; 4-265; 9-159 expungement; deportability (sec. 241 (a) (11)) after; 8-429; 10-526; 12-576

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