condition of grant; 2-486

subsequent entries, effect of previous grant

of relief upon; 5-146

subversive ground; 3-784, 787; 4-260 suspension of deportation; ineligibility under sec. 19 (d), 1917 Act, effect of; 1-204; 2-459, 698; 3—571

war, alien seaman in U.S. by reason of; 4-1

Single scheme of criminal misconduct, sec. 241(a)(4), 1952 Act; see Deportation grounds: convicted of two crimes: single scheme of criminal misconduct

Sister or brother; effect of adoption on natural relationship; 12—495

Sister or brother; see Quota preference: Act of 1952: sec. 203(a) (4); see also Quota preference: Act of 1952, as amended by P. L. 89-236: sec. 203(a) (5)

Skilled agriculturist; quota preference for child following to join him; maintenance of status ; sec. 6(a)(1)(B), 1924 Act; 3798

Smuggling aliens for gain; see Deportation grounds: smuggling aliens for gain "Son" or "daughter"; construed; 5-438 Soviet Union; recognition by U.S.; 2-247 Special immigrant:

born Japanese Embassy compound

in

Mexico City while father a diplomat representing Japanese Govt. in Mexico; 12-425

Special inquiry officer:

discretion, exercise of, on all facts present; 13-661

powers delegated by Attorney General: adjudicate, or review denial of, application for sec. 212 (e) waiver in dep. proc.; no authority; 10-53, 154, 372 application for change of status, sec.

248, 1952 Act; no jurisdiction; 10-291 application for extension of stay; no jurisdiction; 11-335

authority in dep. proc. to adjudicate

visa petition to accord pref. status under sec. 203 (a) (1), no; 10-53 authority in dep. proc. to consider ap

plication for sec. 212 (c) waiver in
conjunction with sec. 245 application;
11-325

authority in dep. proc. to consider valid-
ity of order of DD rescinding sec. 245
adj. of status, no; 12-44
authority in dep. proc. to

determine

alien's eligibility at time of admission for exemption under sec. 212 (a) (28) (I); 8-554

Special inquiry officer Continued powers delegated by Attorney General— Continued

authority in dep. proc. to determine alien's eligibility for 6th pref. status in conjunction sec. 245 application, no; 11-592

authority in dep. proc. to determine Sched. C precertification qualifications of nonpref. sec. 245 applicant, no; 13-572

authority in dep. proc. to extend vol./dep. date initially specified by SIO; question of; 13-59

authority in dep. proc. to grant nunc pro tunc waiver of passport requirement; 11-249

authority in dep. proc. to reopen to consider grant of vol/dep. anew; 13-528

authority in exc. proc. to determine whether representation which Labor certification based was correct; 13-195

authority in exc. proc. to grant sec. 212 (g) and (h) waivers; 11-175 authority, on motion of DD, to terminate dep. proc. as "improvidently begun" after entry final dep. order; 13-51 authority to consider appeal from DD's bail determination; alien ordered to surrender for deportation; 13-457 authority to review DD's action instituting dep. proc., no; 13-680 determination of questions of law pursuant to sec. 103 (a), effect; 6-388 grant of vol. dep.; necessity to fix vol./dep. date & include alternate dep. order; 13-435

question of fact; determination of credibility of witnesses, by; 7-417 restriction of cross-examination of Govt. witness; 9-646; 13-790

State Department; power to waive immigrant visa requirement for returning resident; 3-582

Stateless alien, became after entry; deportable

notwithstanding; 13—636

Status (see also Adjustment of status): change of status of employee of official of designated international organization, notwithstanding prior unlawful presence; sec. 3(7), 1924 Act; 2-773 failure to maintain; 866 Deportation grounds: status, failure to maintain nonimmigrant, change of, sec. 248, 1952 Act:

agricultural laborer, ineligible; 8-419

alien not presently in status; effect; 11-601

alien of distinguished merit and ability, to employee of treaty investor; 10-425, 717

alien of distinguished merit and ability; to visitor for pleasure; 11-601 application for; not within jurisdiction of BIA or SIO; 10-291

nonimmigrant, change of, sec. 248, 1952

Act-Continued

application for change of status to stu-
dent accompanied by DSP-66; effect;
11-603

employee of foreign govt. (A-2) [orig-
inally admitted as exchange visitor], to
student; denied; 13-316
exchange visitor, eligible; 8-482;
10-787

exchange visitor, to status of; applicant
citizen of country not signatory to Ex-
change Visitor Program; effect;
11-603

exchange visitor, to status of; proposed
activity not within sponsor's program;
12-446

student, to industrial trainee; 10-668
treaty investor, to status of; national of
Italy ineligible; 11-393

treaty trader, to status of; 7-426;
11-290, 815

visitor, to student; inadequate evidence
of maintenance; 10-785; 11-678
visitor (former exchange alien nurse),
to student; 10-620

visitor (who accepted employment), to
student; 10-646

visitor (49-year-old dependent mother of
4 children), to student; 10-706
visitor for

business, to status of
(painter-to paint, exhibit & sell his
works); 11-430

nonquota; see Nonquota immigrant

permanent residence; see Residence

Statutory construction:

strict literal interpretation avoided in cer-
tain cases; 1-420

Stepchild; see Child
Stepparent, question of:

marriage creating relationship occurred
when stepdaughter 28 years old; 10-555
marriage creating relationship terminated;
10-363; relationship continued there-
after; 13-688

relationship created through marriage to
natural parent of illegitimate child;
11-449, 537, 628

stepdaughter, altho married, has not
reached age 18 when marriage creating
step-relationship occurred; 12-427
Stipulations of fact; see Evidence: stipula-
tions of fact

Stowaway (see also Fine: stowaway):
removal jurisdiction where stowaway or-
dered detained on board escaped vessel
and remained in U. S.; 9-356
voluntary departure; see Voluntary depar-
ture

Student:

alien seeks entry as; in possesssion only
of visitor visa; 13-251

approval of school for attendance by; see
Approval of school

permission to accept employment:
change in economic situation as control-
ling factor; 7-661

practical training, for; graduate chemi-
cal engineer; 7-682

permission to change schools:

bona fide student and an approved in-
stitution; 11-409

not bona fide student; 11-125

to pursue unrelated course of study;
11-138

spouse of (F-2); permission to work, no
authority to grant; 13-306

status of; effect of conviction of crime;
9-100

status of; effect of induction into armed
forces; 4-630

status of, violation; see Deportation
grounds: status, failure to maintain
Subpoena; hearing officer's authority to com-
pel production of Service records; 5-60
Subversive:

advocacy of doctrines of world Commu-
nism; 5-509

affiliation with Communist Party:

affiliation, what constitutes; question of;
5-112; 6-496

Finnish Workers Federation; 9-14
IWO; 6-20, 597

Young Communist League of U. S.;
4-596

anarchist; evidence: 6-726

112, 175, 484; 6-265, 713

Communist Political Association of U.S.A.;
5-26

constitutionality of statutes; 3-411, 736
Cuban Nationalist Association; founder
and spokesman of; 12-475
defector status; see under this mainline
title membership in proscribed organiza-
tion: exemption under sec. 212 (a) (28)
(I), 1952 Act

destruction of free enterprise, adherent of
principles directed toward:
physician in Russian dispensary; 4-370
school teacher in Russia; 4-368
entry, date of, as factor; 4-596, 745;
5-49, 202; 7-186

Ethnikon Apeleftherotikon Matopam (Na-
tional Liberation Front), Greece; 6-67
Finnish Workers Federation; 9-14
force and violence:

advocacy of, personal; materiality;

9-376

killing, assaulting, officers of organized government; motive as factor in determining whether offense was "political"; 4-108

Labor Progressive Party of Canada; 3-777; 5-451, 500

literature, proscribed, distribution of:

Communist Party, U.S.A.; 3-440 Finnish Workers Federation; 9-14 membership in proscribed organization: after original entry for permanent residence; membership terminated prior last entry; 8-122, 577

essentials of living, to obtain; 11-228 evidence of:

alien registration form, statements in; 4-475

applicability of Rowaldt

7-728; 8-122; 9-127

decision;

burden of proof (Gastelum-Quinones); 10-431

refusal of alien to testify, as; 5-175; 6-246

reports of undercover agent; 5-484 statements, sworn, made before Service officer; 5-242; 6-265

statements of Govt. witnesses, credibility; 5-312

testimony of former organization mem

ber; 5-743; 6-524

testimony of undercover agent; 5-484; 6-524

exemption under sec. 212 (a) (28) (I), 1952 Act; determination of; 8-302, 554; 11-3, 228, 733; 12-778 finding of, by court in denaturalization suit; operation of doctrine of collateral estoppel in dep. proc.; 8-577; 9-127 inactive membership; 6-524

legislative intent of Act of Mar. 28, 1951; 5-72

membership in proscribed organization-Continued

membership after entry, sec. 241 (a) (6), 1952 Act:

multiple entries, selection of entry as factor; 8-122, 549, 577 membership terminated prior to 1947 entry for permanent residence; deportability under sec. 4(a), 1918 Act, as amended in 1950; 8-282

nominal membership, effect of; 5-141; 6-524

past membership:

coexistence of alienage and membership as factor in dep. proc.; 4-569 date of entry as factor in dep. proc.; 4-596, 745; 5-49, 202; 7—186 generally; 3—411, 736; 4-596; 5-26, 242

voluntariness:

alleged avoidance of political activities; 5-500

automatic character of membership

(Italian Fascist Party); 4-517; (Soviet Trade Union); 4-334, 365 career, joining Communist Party to further; 6-713

consciousness of organization's subversive character; 3-736; 4-314, 341, 504, 675, 752; 5-95, 505; 6-524 employment, joining Communist Party to obtain; 5-95

infatuation with Communist fiance; 5-72

joined Communist Party to assist father in obtaining materials for his store; 9-570

joined C. P. out of fear for life in response to demands to join due to officer rank in Yugoslav army; 10-79

pecuniary desire, continued C. P. membership, result of; 9-570

weight of uncontradicted testimony of alien; 4-334, 365

National Federation of Labor Youth;

5-500

national security, activities subversive to, would engage in after entry: sec. 212(a) (29), 1952 Act; 12-475

Nazi Party of Germany, membership: deportability under 1952 Act, original charge lodged under 1918 Act, as amended; 5-255

Ninth proviso (sec. 3, 1917 Act) relief: former member British Communist Party: 2-466

prejudicial to interests of United States; (membership in Labor Progressive Party of Canada); temporary exclusion; 3-777 prejudicial to public interest; sec. 212 (a) (27), 1952 Act:

advocate of pacifism; 5-248

founder & spokesman for Cuban Nationalist Association; 12-475

publication, Communist, subscription to as
deportation ground; 4-450

seventh proviso relief (sec. 3, 1917 Act):
former member Communist Party, Ger-
many; 3-784

former member Communist Party, U.S.;
3-787

Socialist Workers Party; 9-252
stipulation as to fact of membership, made
before enactment of Int. Sec. Act of
1950; admissibility; 4-561
suspension of deportation; see Suspension
of deportation: subversive

Workers' Party (U.S.); proscribed char-
acter; 4-341

Young Communist League of U.S.; affilia-
tion with Communist Party; 4-596
Sudetenland (Czechoslovakia); marriage and
divorce laws; 3-851

Suspension of deportation:

application, fee requirement; waiver of;
9-302

application filed after June 27, 1952; law
applicable; 5-467

application filed under 1917 Act, validity
under 1952 Act; 6-410

application; substitution of sec. 6 (Refugee
Relief Act of 1953) application in lieu
of; 9-209

application, timeliness of; 5-472
availability of other relief,

4-412

as factor;

economic detriment-Continued
family group; wife/mother and 2 child-
ren natives of U.S., remainder of
family citizens of Mexico; 4-711
family group of 6, including 4 citizens
of Canada; 4-707

family group of 5, including 2 citizens

of Mexico; 4-729

family group of 4, including 3 citizens
of Mexico; 4-713

family group of 4, parents citizens of
Mexico; 4-709

husband/father, deportation of; detri-

ment to citizen wife and child; 2-627
husband/father, deportation of; spouses
living apart through circumstances be-
yond their control; 2-775

husband, deportation of; wife's employ-
ment and couple's low income as fac-
tors; 3-833

husband, deportation of; wife, a per-
manent resident alien, has assets in
U.S. of about $1,500,000; 4-437
legal obligation to support; 3-711
measured on assumption alien is to be
deported; 2-679

mother, deportation of; detriment to
citizen child; latter's need of unbroken
home and joint parental care as fac-
tor: 3-707

mother/wife, deportation of; detriment
to citizen child and lawful permanent
resident husband; 3-707

effect on preexisting ground of excludabil-
ity; 10-491

ineligibility to citizenship, not a bar under 1952 Act; 5-106

lack of outstanding equities notwithstanding minimum statutory requirements met; sec. 244 (a), 1952 Act; 7-348; 11-649

loyalty, doubt as to; 2-838, 895; 3-532 marriage to citizen after commencement

of deportation proceedings; 4-223, 589 Mexican agricultural laborer (1943 Act); 2-692, 751

narcotics conviction but not deportable

under sec. 241 (a) (11); effect; 12-710 native of adjacent island or of contiguous country [sec. 244 (f) (3)]; eligibility, question of; 10-227; 11-239, 618, 781, 836; 13-225, 737

neutral alien claiming exemption from military service; 2-899; 3-249 nonsupport of children; 3-393

physical presence in U.S., period of (1952 Act):

any absence during; effect; 5-220;

11-234

brief absence; alien within provisions sec. 244 (b), as amended; 10-274 brief absence; illegally resident alien; 10-513, 782; 12-271

brief absence; illegally resident alien; Wadman inapplicable; 11-106 brief absence from U.S. following deportation; effect; 10-778

brief absence pursuant to grant of vol/ dep.; 13-759

computation of; 5-261;

6-788, 795; 8-122; 9-340; 10-683; 11-351; 13-427

sec. 244 (b), as amended, exemption: alien within; no specified period of presence required; 10-300 Army corrected alien's military record to show 2 years active duty; 11-639 computation of 2-year period of active duty status; 10-300, 398; 11-295, 639

continuity of presence, question of; 10-274

good moral character

10-300

requirement;

military service prior to last entry: 10-274

separation under honorable conditions;

question of; 11-485

service abroad as member U.S. Armed Forces, effect; 7-105

physical presence in U.S., period of—

Continued

service on American merchant vessels; 5-298

recent arrival; Cuban woman with citizen child, but husband residing in Cuba; 4-654

refusal of alien to testify; 1-543; 5-261; 9-372

reopening of proceeding to permit filing of application for: 3-409; 5-472; 7-348; 11-649

reopening of proceeding to permit filing of application for; Communist Party member, former; 6-166

requisite documents; sec. 244 (a), 1952 Act; 7-434

savings clauses of 1952 Act; see Savings clauses (sec. 405, 1952 Act)

seaman; see crewman under this mainline title

sec. 244(a) (1), 1952 Act, as amended; application under:

alien convicted narcotics offense but not deportable under sec. 241 (a) (11); eligible; 12-710

effect of deportability also within provisions specified in sec. 244 (a) (2), as amended; 11-351

substitution of sec. 6 (Refugee Relief Act of 1953) application for; 9-209 timeliness of; 9-302

section 244 (a) (2), 1952 Act, as amended: application under:

applicant convicted of narcotics offense; effect; 12-710

section 244 (a) (3), 1952 Act, application under:

effect of deportability also within provisions of para. (5) of sec. 244(a); 7-400; 8-57

section 244 (a) (5), 1952 Act, application under:

deportable under prior law; 6-285 effect of deportability also under para. (1), (2), (3), or (4) of sec. 244 (a); 5-285; 7-400

final order of deportation; effect; 7-137, 457

section 244 (f) (3), 1952 Act; eligibility within provisions of; see native of adjacent island or of contiguous country under this mainline title

stowaway, no dependents in U.S., merely meets statutory requirements; 7-348 student; effect on student status; 3-386 subversive:

Communist Party membership, former, to further career; 6-713

Communist Party membership prior to 1941 entry; 5-202

donations to proscribed organization; 5-509