Act of 1952, as amended by P.L. 89-236 Continued sec. 203 (a) (3)-Continued physicist; 11-652 "profession"; defined; 11-686 professional status; B.A. degree does not automatically confer; 11-686, 688; 12-537; 13-35 professional status; combination education and experience, as constituting; 11-800; 12-17; 13-8, 203 professional status; effect of advisory opinion in determining; 12-649 psychologist; 12-537 psychologist, clinical; 12-542 puppeteer; 13-13 silviculturist; 12-413 singer; 12-758 social worker; 12-146; 13-61, 406 soil scientist; 12-20 teacher; 11-672, 860; 13-8 technologist, mechanical; 12-498 technologist, medical; 11-660; 13-581 translator; 12-148 veterinarian; 11-867 zoologist; 11-715 sec. 208 (a) (4): daughter, married; issue of tribal marriage in Philippines; 13-393 sec. 203 (a) (5): adoptive sister (blood niece); ineligible; 12-484 brother; eligible notwithstanding adopted when 2 years of age; 12-495 child, minor, of 5th pref. immigrant; married between visa issuance and entry into U.S.; 12-156 half-brother, born out of wedlock never legitimated, common father; 12-11 half-brother, issue of common father's polygamous Hindu marriage in Pakistan; 12-409 stepsister; 13-552 sec. 203 (a) (6): beneficiary will not be paid by petitioning organization; 12-762 certification by Sec. of Labor, necessity of notwithstanding beneficiary might be exempt from if applying as nonpreference immigrant; 13--290 contractor or construction superintendent; 13-290 designer, clothes, assistant; 12-612 employer, question of; 12-762, 772 employment, temporary or seasonal in nature; question of; 12-772, 800 hair stylist; 12-492 intent to employ; question of; 11-817; 12-54, 612 intent to work in U. S. in qualified field; necessity of establishing; 11-751 maid, general (live-in); 12-54, 731 orthopedic shoemaker; 11-817 painter, house; 12-402 Act of 1952, as amended by P.L. 89-236 Continued sec. 203 (a) (6)-Continued petitioner, order of dep. outstanding against; 12-800 petitioner's financial ability to meet salary specifications of Labor certification; question of; 12-612 sample stitchers; 12-261 secretary; 12-772 State license or permit requirements; effect on eligibility; 12-492 sec. 203 (a) (7): alien crewman refugee in U. S.; 11-689, 746, 749 alien who entered U. S. upon false claim to citizenship; 11-798 authority, sole, to determine classification under; 11-749; 12-75 Communist or Communist dominated country: "fled"; construction of: 13-626 fled from; question of; 12-40, 124, 201; 13-626 conditional entrant applicant not in same legal posture as sec. 243 (h) applicant; 12-866 conditional entrant in U.S. less than 2 years; ineligible accord wife 2d pref. status; 12-609 country within general area of Middle fled from: question of; 12-392 eligibility, determination of; must be "fled"; construed; 13-626 physical presence in U.S., period of: less than 2 years; 11-746 term "prior to application for adjustment"; construed; 11-785 refugee from Cuba in U.S.; 11-518 resettled in another country, firmly; determination of; 12-81, 117, 121, 178, 411 resettled in another country, firmly; effect; 12-36, 117 uprooted by catastrophic natural calamity, etc.; question of; 12-526 substitution by nonimmigrant classification to fill same job; question of; 10-715 transfer to nonquota status; see Nonquota immigrant: secs. 4 and 6, Act of Sept. 22, 1959 R Race; child born abroad while mother (a lawful perm. res.) temporarily absent from U.S.; admissible notwithstanding; 3—215, 262 Racial eligibility to citizenship; see Ineligi bility to citizenship Racial test, not applicable to collective naturalization through annexation of territory; 3-733 Readmission of returning resident alien; see Returning lawful permanent resident alien Recommendation against deportation: alien & court unaware of provisions of sec. 241 (b); effect; 13-497 challenge of propriety of; 9—678 crime for which alien was not convicted but which was "part and parcel of the same pattern", effect of recommendation; 3-623 effect upon excludability; 9—121 evidence exclusive of conviction record sufficient to sustain ground of deportation; 3-468 exclusion will not be based on crime as to which court previously made timely recommendation against deportation; 3-236 limitation of, sec. 241 (b), 1952 Act; 6-823; 11-530 made following retrial & resentencing; ef fect; 8-389; 9-293, 613 narcotics offense; recommendation made before 1952 Act; 5-343; 6-505, 579, 709; 8-94 narcotics offense; recommendation made before 1952 Act; effect in exclusion proceedings; 6-709 notice to Service, prior; sec. 241 (b), 1952 Act; 6-426; 8-689 smuggling aliens for gain (see. 241(a) (13)); ineffective to defeat; 11-529 timeliness; sec. 241 (b), 1952 Act; 5-531; 7-227; 8-389, 686, 689; 9-293, 613; 13-342 timeliness (sec. 241(b), 1952 Act); chal Religious denomination (see. 101(a)(27) (F), 1952 Act); see Nonquota immigrant: minister of religious denomination: bona fide organization Remained longer; see Deportation grounds: remained longer Remained outside United States to evade mil itary service; see Citizenship-loss: evading service in armed forces, departing U. S. or remaining out Removal, application for; sec, 250, 1952 Act; need of public aid, in; 11—136 Renunciation of United States citizenship; see Citizenship-loss Reopening of proceedings, motion for; See Deportation: reopening of proceedings; See also Exclusion: motion to reopen proceedings Repatriation by person who lost United States citizenship; see Naturalization: repatria tion Rescission of adjustment of status; sec. 246, 1952 Act: applicability of sec. 241 (f) in rescission proceedings, question of; 12-456; 13-399 as sole procedure for rescinding sec. 245 adjustment; question of; 12-616 authority of BIA or SIO in dep. proc. to consider validity of DD's order rescinding sec. 245 adj. of status; 12-44 burden or proof; 8-96; 10-536; 11-808; 12-830; 13-399 delay of 31⁄2 years in initiating proceedings; not denial due process: 13-827 evidence; 11-585; 12-830; 13-374, 399, 827 examination facts to determine good moral character at time of grant not estopped by dismissal pertinent counts in criminal proceedings; 11-805 institution of proceedings matter of discretion; 12-487 refusal of alien to testify on matters within personal knowledge & failure to rebut Govt. evidence of fraud; 13-827 time limitation; 13-439 time limitation, sec. 246; does not bar subsequent exclusion or deportation proceedings; 9-548 timeliness; question of; 8-96; 13-439 Residence: abandonment of, question of; 11-740 abroad, by naturalized citizen, as act of expatriation; see Citizenship-loss: residence abroad by naturalized citizen, through abroad by dual national; see Dual national (election of nationality) abroad by foreign born child of U.S. citizen; loss of U.S. citizenship through foreign residence; see Citizenship-loss: retention requirements, sec. 201 (g), (h), and (i), 1940 Act commuter, as permanent resident of U.S., 1952 Act: 5-716 distinguished from domicile, as used in 7th proviso to sec. 3, 1917 Act; 1-631, 646; 2-170 effect of statute of limitations barring deportation; 6-540 foreign, requirement of, exchange alien; waiver of; see Waiver of foreign residence requirement, sec. 212 (e), 1952 Act permanent; termination and/or abandonment of; 11-740 permanent; amendment or creation of entry record to show; see Entry record, amendment or creation, to show admission for permanent residence Resident alien's border-crossing card; constructive possession; 3—136 Resident alien returning as seaman-workaway; visa exemption; 3-887 Res judicata: doctrine applicable to issue which could have been raised on judicial review; 13-161 doctrine inapplicable to administrative decisions; 3-575, 866 drug addict, conviction under state law; 6-374 expatriation, declaratory judgment suit, sec. 503, 1940 Act; 7-407 Restoration of civil rights; see Pardon: resto. ration of civil rights Returning lawful permanent resident alien (see also Seventh proviso, sec. 3, 1917 Act): advice furnished by American Consul re reentry documentation presumed correct absent evidence to contrary; 12-443 alien minor, following 1954 adm. for perm. resid. ret'd by father to Mexico where she resided until 1964; 11-171 alien who departed U.S. intending to let future events determine his course; classification as; 9-216 commuter; see Commuter crewman: temporary employment ashore in Saipan; waiver of documents; 7-314 determination of admissibility; 5-312: 12-358 documents, waiver; sec. 211(b); see Documentary requirements: waiver of; sec. 211 (b), 1952 Act marriage on which entry for perm, resid. based annulled ab initio; 7-565 naturalized citizen who expatriated during temp. visit abroad; 11-414 Continued nonquota immigrant; see Nonquota immigrant reentry permit; see Reentry permit return from temporary absence abroad: question of; 8-249; 13-557 seaman-workaway; 3-887 sec. 212 (c), 1952 Act, relief under: absence of few hours to Canada; effect of Fleuti decision on eligibility; 10-506 absolute and unlimited waiver of excludability; question of; 12-736 alien excluded and deported; eligibility: 10-460 alien, native of Mexico, has not departed U.S. since becoming deportable; relief not available; 13-696 alien outside U. S. since 1933; 5-658 alien remains deportable, where; 7-274 alien repatriated to native country (50 USC 21); 6-778 application for, not coupled with sec. 245 application; necessary meet stat. requirement returning to resume lawful domicile; 13-696 availability to sec. 246 applicant (in dep. proc.) not returning to U. S. after a voluntary departure; 11-325 availability to sec. 249 applicant lacking lawful U. S. domicile; 9-103 deportable for entering without inspection; 5-389, 642 deportable prior to departure; 6-392; 7-140 fee; 7-327 good moral character, requirement of: 7-368 granted to cover readmissions over a 3year period; 12-736 inadmissibility, ground of; considered by Congrees in granting susp./dep.; effect; 10-491 lawful domicile of seven years, requirement of; 5-116; 6-136 nunc pro tunc grant; 5-598; 6-392, 405 Regional Commissioner, by; 7-327 special inquiry officer, by; 6-537 stowaway, right to hearing; 5-712 Revocation of approval of visa petition; see Visa: petition for: revocation of approval, sec. 206 Revocation of naturalization; see Citizenshiploss; Revocation of naturalization S Salvation Army, as religious denomination; See Nonquota immigrant: minister of religious denomination. bona fide organization Samoa, American; see American Samoa sec. 245 application of Western Hemis phere native denied prior 12/1/65 on criminal grounds; 12-399 Savings Clauses (sec. 405, 1952 Act): deportability under: Act of 1917; 6-410 Act of Oct. 16, 1918, of former member of Nazi Party; 5-255 sec. 241 (a) (1), 1952 Act: sec. 241 (a) (2) and (9), 1952 Act, of conviction in 1937; 5-261 recommendation against deportation before 1952; 5-343; 6-579 loss of nationality under sec. 201 (g), 1940 Act; effect of sec. 301, 1952 Act; 5-291; 7-646; 8-221, 226 pardon, conditional, issued prior to Dec. 24, 1952: 5-630 pardon, legislative, issued prior to Dec. 24. 1952; 5-612 private bill, intended to bestow status, enenacted prior to 1952 Act; 6-287 reentry permit issued prior to Dec. 24, 1952, as equivalent of immigrant visa; 5-183 sec. 13 (c) (1), 1924 Act, prior "right" or status under; reentry permit issued after Dec. 24, 1952; 7-229 seventh proviso, sec. 3, 1917 Act; application filed after Dec. 24, 1952; 10-778 seventh proviso, sec. 3, 1917 Act, pending application under; 5-101 statute of limitations, prior status under; 6-540 suspension of deportation, application filed after June 27, 1952; 5-467 voluntary departure, application filed before Dec. 24, 1952; 5-522 School, approval for nonimmigrant attendance; see Approval of school Seaman : bona fide, not; lack of consent to reapply after arrest and deportation; 3-83 2-12; crew list or manifest. offenses in connection with; see Fine: crew lists, manifests deportation procedure, 1917 Act; 1-290, 689; 2-404 deportation procedure, 1952 Act; 5-127 deportation proceedings, sec. 34, 1917 Act; 1-290; 2-404 detention, appeal from order requiring; 1-365 detention or deportation, failure of; see Fine discretionary relief: citizen wife and child; 5-736 discretionary relief-Continued no family ties in United States; 1-259; 3-869 recently arrived; 1-278; 3-869 service in U.S. Merchant Marine during war years; 6-670 vol./dep.; grant anew; factors to be considered; 13-528 exclusion on criminal ground; 1-20; 2-404 immigrant, brought without, or with improper visa; see Fine: immigrant visa, bringing immigrant who lacked resident alien, right to hearing; 5-712 shore leave, sole authority of primary inspector; 2-512 status, elements creating: 6-540; 13-85, 537 Sees. 5, 6, and 7, Act of Sept. 11, 1957; see Discretionary relief Sec. 9, Act of Sept. 11, 1957; see Adjustment of status Sec. 13, Act of Sept. 11, 1957; see Adjustment of status Section 101 (a) (15) (H) (i), 1952 Aet; 366 Alien of distinguished merit and ability Section 101(a) (15) (H) (ii), 1952 Aet; see Alien coming to perform temporary services Section 101(a) (15) (H) (iii), 1952 Act; see Industrial trainee Section 101 (a) (15) (K), 1952 Act; ACC Fiance (e) of U.S. citizen Section 101(a)(15)(L), 1952 Act; see Intracompany transferee Section 204(c), 1952 Act, as amended; see Visa: petition for: sec. 204 (c), 1952 Act, as amended Section 211(b), 1952 Act; see Documentary requirements: waiver of; sec, 211(b), 1952 Act Section 211 (c) and (d), 1952 Act; see Discretionary relief Section 212(a)(14), 1952 Act, as amended; see Exclusion grounds: certification by Sec. of Labor, sec. 212(a) (14) Section 212(a) (28) (I) exemption; see Subversive: membership in proscribed organization. exemption under sec. 212(a) (28) (1) Section 212(e), 1952 Act; see Returning lawful permanent resident alien: sec. 212(e), 1952 Act, relief under Section 212(d)(3), 1952 Act; see Discretionary relief Section 212(d)(4), 1952 Act; see Documentary requirements: waiver of, sec. 212(d) (4) Section 212(e) waiver; see Waiver of foreign residence; sec. 212(e), 1952 Aet Section 212 (h) [formerly sec. 212(g)]; see Exclusion grounds: crime, admission or conviction: waiver of Section 212(i) [formerly sec. 212(h)]; see Exclusion grounds: fraud or misrepresentation, sec. 212(a) (19): waiver of Section 215, 1952 Act; see Prevention of departure Deportation grounds: visa charge: fraud or Section 244(f)(3), 1952 Act; see Suspension Section 245, 1952 Act; see Adjustment of status Section 246, 1952 Act; see Rescission of ad- Section 248, 1952 Act; see Status: nonimmi- grant, change of, sec. 248 Section 249, 1952 Act; see Adjustment of status Selective Training and Service Laws: false statements to avoid service, moral turpitude; 3-249; 4-509; 5-29 Sentenced to confinement: California; commitment to Youth Au- commitment under Fed. Youth Corrections commutation of sentence, effect of; 6-562 Illinois State Reformatory at Pontiac, Ill.; Massachusetts Reformatory for women; Massachusetts State farm, as defective de- one year or more-Continued sentence of "twelve months", N. J.; sentence suspended; 3-580; 6-346 three counts; 3-460 probation, confinement as incident to; retrial after long term in prison, followed suspended, wholly; effect as to crime prior U.S. Public Health Service Hospital at Service records; confidential nature; 6-573 applications for relief prior to application application not pending on Dec. 24, 1952; application pending on Dec. 24, 1952, pre- 4-463 domicile: requirements, 1924 Act; absence from United States of 23 years; deportation does not necessarily termi- nate; 1-646; 2-168 illegal entry, based on; 1-166; 2-168, interruption of 7-year period by deporta- tion or exclusion; 1-367; 4-82 seaman, accumulated 7 years of resi- dence thru failure to depart pursuant good moral character; 4-211 illiteracy; 2-168, 620; 3-807 immigration laws, crime committed in insanity, prior; 2-87; 5-101 Int. Sec. Act of 1950, sec. 6(a), effect narcotics offense, conviction of; 1-293 |