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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
East:

fled from: question of; 12-392
Kenya, not; 13-113

eligibility, determination of; must be
made individually, on all the facts;
12-866

"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

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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:
arrival in 1922; 6-540
entry in 1921; 6-242
sec. 241 (a) (2), 1952 Act:
entry in 1921; 6-242
last entry 1922: 6-540
last entry in 1931; 5-642

sec. 241 (a) (2) and (9), 1952 Act, of
student admitted before 1952; 6-458
sec. 241 (a) (11), 1952 Act:

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
misrepresentation: sec. 241 (f) exemption
Section 243 (h), 1952 Act; see Deportation:
withholding of, sec. 243 (h)

Section 244(f)(3), 1952 Act; see Suspension
of deportation: native of adjacent island
or of contiguous country

Section 245, 1952 Act; see Adjustment of

status

Section 246, 1952 Act; see Rescission of ad-
justment of status

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
neutral alien claiming exemption; see
Ineligibility to citizenship

Sentenced to confinement:

California; commitment to Youth Au-
thority; 4-136; 8-660

commitment under Fed. Youth Corrections
Act: 8-360

commutation of sentence, effect of; 6-562
"confinement", what constitutes, sec. 241
(a) (4); 9-380

Illinois State Reformatory at Pontiac, Ill.;
5-370

Massachusetts Reformatory for women;
2-530

Massachusetts State farm, as defective de-
linquent; 5-538

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one year or more-Continued

sentence of "twelve months", N. J.;
2-579

sentence suspended; 3-580; 6-346
sentenced for three separate offenses,

three counts; 3-460

probation, confinement as incident to;
where verdict of guilty may later be set
aside (Calif.); 1-343

retrial after long term in prison, followed
by sentence to probation; 3-187
retrial after prison term partly served,
followed by sentence to probation;
9-380

suspended, wholly; effect as to crime prior
to entry; 3-569

U.S. Public Health Service Hospital at
Lexington, Ky., in; 5-52

Service records; confidential nature; 6-573
Seventh proviso, sec. 3, 1917 Act (see also
Returning lawful permanent resident
alien) :

applications for relief prior to application
for admission to the United States;
1-79; 4-226

application not pending on Dec. 24, 1952;
now ineligible; not within sec. 405 (a),
1952 Act; 10--778

application pending on Dec. 24, 1952, pre-
served by sec. 405 (a), 1952 Act; 5-101
bigamy charge; 1-525
conditional grant of relief; 2-486; 3-571
conviction of crime; consideration of facts
outside record of conviction; 1-8
criminal cases, elements to be considered;
3-767
documentary

4-463

domicile:

requirements,

1924 Act;

absence from United States of 23 years;
4-226

deportation does not necessarily termi-

nate; 1-646; 2-168

illegal entry, based on; 1-166; 2-168,
460

interruption of 7-year period by deporta-

tion or exclusion; 1-367; 4-82
minor's domicile followed that of par-
ent's; 2-87

seaman, accumulated 7 years of resi-

dence thru failure to depart pursuant
to voluntary departure privilege; 4-1
temporary absence of 8 months; 1-631
fraudulent procurement of visa; excludable
under sec. 212 (a) (19), 1952 Act; 5-494,
502

good moral character; 4-211

illiteracy; 2-168, 620; 3-807

immigration laws, crime committed in
scheme to defeat; 1-525; 2-486, 606
indecent exposure; 2-633

insanity, prior; 2-87; 5-101

Int. Sec. Act of 1950, sec. 6(a), effect
upon earlier orders granting advance ap-
plications for relief; 4-260

narcotics offense, conviction of; 1-293

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