the applicant is a bona fide crewman who has no means of earning his livelihood other than by pursuing such calling, which necessitates his coming to the United States, or (4) it is necessary for the applicant to enter the United States frequently across the international land border to purchase the necessities of life or in connection with the business in which he is engaged or for some other urgent reason. In the consideration of cases falling within the above categories, two other factors must be weighed, the alien's admissibility to the United States, and whether the fraud perpetrated on the Government is a bar to his readmission. Notwithstanding the contention of the alien's attorney in his brief that there was no willful or knowing attempt to commit fraud or mislead the American consular officer at the time the alien obtained his immigrant visa, the fact remains that he was found deportable and deported on the charge that the visa which he presented was not valid because procured by fraud or misrepresentation. The alien has also admitted committing acts which constitute the essential elements of a crime involving moral turpitude, to wit, bigamy. It appears, therefore, that he is presently excludable from the United States under the provisions of sections 212 (a) (9) and 212 (a) (19) of the Immigration and Nationality Act. Upon consideration of the entire record and the attorney's brief, it is concluded that no purpose would be served were consent to reapply for admission after deportation granted in this case since the grant of such consent would not remove the bar to the alien's admission to the United States. Order: It is ordered that the appeal from the district director's decision denying consent to reapply for admission to the United States after arrest and deportation be, and the same is hereby, dismissed. Appendix References and Citations in Volume V United States Constitutional Provisions and Treaties. Page 773 (1) Revised Statutes.. 773 (2) Immigration and Nationality Acts. 773 (3) Statutes at Large; United States Code; Acts by Administrative Decisions. - Miscellaneous authorities; digests, law reviews, texts, etc.--- Congressional and State Department material. 795 797 801 UNITED STATES STATUTES-Continued Immigration and Nationality Acts-Con. Act of Feb. 5, 1917-Continued Sec. 3, pp. 87, 89, 186, 209, 239, 328, 375, 560, 579, 644, 725, 738 Sec. 3, 7th proviso, pp. 14, 99, 101, 116, 143, 146, 260, 387, 494, 496, 502, 523, 550, 647, 756 Sec. 12, p. 373 Sec. 14, p. 373 Sec. 16, pp. 41, 209, 644 Sec. 19, pp. 10, 103, 143, 146, 148, 209, 328, 477, 539, 579, Sec. 19 (a), pp. 56, 195, 383, 386, Sec. 19 (c), pp. 45, 106, 130, 282, 302, 468, 523, 535, 546 Sec. 19 (c) (2), pp. 76, 144 Sec. 19 (c) (2) (a), p. 705 Sec. 19 (c) (2) (b), pp. 167, 212, 214, 638 Sec. 19 (d), pp. 45, 258, 410, 414, 419, 422, 587, 599, 755 Sec. 20, pp. 40, 477, 726 Sec. 23, p. 40 Sec. 38, p. 399 Act of May 10, 1920, p. 430 Act of May 26, 1924: Act of May 26, 1924, pp. 72, 95, 101, 106, 149, 163, 212, 214, 239, 260, 285, 306, 325, 343, 347, 380, 416, 502, 505, 517, 520, 546, 565, 637, 708, 716 Sec. 3 (1), pp. 467, 695 Sec. 3 (2), pp. 76, 301, 330, 415, 717 Sec. 3 (2), as amended by sec. 201 of U. S. Information and Educational Exchange Act of 1948, p. 229 Sec. 3 (5), pp. 479, 491, 589, 622 Sec. 4 (a), pp. 1, 273, 738 Sec. 4 (b), p. 183 Sec. 4 (c), pp. 531, 770 Sec. 4 (e), p. 226 Sec. 12 (a), p. 525 Sec. 12 (a) (1), p. 723 Sec. 13, pp. 145, 218, 241, 383, 553, 690, 705 Sec. 13 (a), pp. 526, 738 Immigration and Nationality Acts-Con. Sec. 14, pp. 145, 218, 383, 492, Sec. 15, pp. 542, 753 Sec. 16, p. 574 Sec. 20, pp. 296, 336, 570, 574 Sec. 23, p. 92 Sec. 23 (a), p. 273 Sec. 28 (c), pp. 183, 206, 627 Act of March 4, 1929, pp. 306, 770 Act of May 25, 1932, amended, p. 770 Act of May 24, 1934 Sec. 1, p. 291 Act of June 28, 1940, p. 220 Nationality Act of 1940, p. 422 Secs. 310 (a), (b), 311, 312, 315, Sec. 317 (b), p. 25 Sec. 338 (d), pp. 219, 407, 519 Sec. 406 (b), p. 544 Sec. 503, p. 153 Sec. 504, p. 219 Immigration and Nationality Act of 1952: Immigration and Nationality Act of 1952, pp. 295, 370, 536, 543 Sec. 101 (a) (2), p. 510 Sec. 101 (a) (6), p. 718 Sec. 101 (a)(13), pp. 377, 655, 765 Sec. 101 (a) (15), p. 442 Sec. 101 (a) (15) (B), pp. 442, 443, 717 Sec. 101 (a) (15) (F), pp. 227, 442 UNITED STATES STATUTES-Continued Immigration and Nationality Acts-Con. Immigration and Nationality Act of 1952-Continued Sec. 101 (a) (15) (H), pp. 442, 717 Sec. 101 (a) (19), pp. 183, 206, 594, 625 Sec. 101 (a) (20), pp. 647, 718 Sec. 101 (a) (17) (A), pp. 167, 272, 275, 289, 305, 330, 423, 439, 449, 659, 731, 750 Sec. 101 (a) (27) (B), pp. 169, Sec. 101 (a) (27) (C), p. 750 701 Sec. 101 (a) (29), p. 144 Sec. 101 (b) (1), pp. 272, 276, 439, 512, 556, 731 Sec. 101 (b) (1) (A), pp. 290, 698 Sec. 101 (b) (1) (B), pp. 120, 279, 289 Sec. 101 (b) (1) (C), p. 275 Sec. 101 (e) (3), p. 510 Sec. 101 (f), p. 523 Sec. 101 (f) (3), pp. 47, 48, 559, 561, 766 Sec. 101 (f) (6), p. 514 Sec. 101 (f) (7), pp. 48, 265, 345, 450 Sec. 103, p. 717 Sec. 103 (a), p. 474 Sec. 201 (d), p. 751 Sec. 202 (a), p. 723 Sec. 203 (a) (1) (A), pp. 321, 341, 434, 454, 527, 529, 723, 748 Sec. 203 (a) (1) (B), p. 722 Sec. 203 (a) (3), pp. 439, 513, 556, 698, 751 Sec. 203 (a) (4), pp. 282, 438, 512, 610, 732, 733 Sec. 204 (b), pp. 454, 527, 748 Sec. 205, pp. 272, 274, 289, 691, 721 Sec. 211 (a) (3), p. 120 Immigration and Nationality Acts-Con. Immigration and Nationality Act of 1952-Continued Sec. 211 (a) (4), p. 722 Sec. 212 (a), p. 390 195, 327, 463, 465, 606, 639, Sec. 212 (a) (12), pp. 188, 559, Sec. 212 (a) (13), pp. 185, 276 Sec. 212 (a) (20), pp. 190, 194, 441, 442, 593, 594, 625, 627 Sec. 212 (a) (23), pp. 169, 170, 190, 461, 479, 480 Sec. 212 (a) (26), p. 686 Sec. 212 (a) (27), p. 248 Sec. 212 (a) (28), p. 256 Sec. 212 (a) (28) (C), pp. 204, 500 Sec. 212 (d) (7), pp. 441, 442, 443 Sec. 231 (a), p. 602 Sec. 231 (d), pp. 601, 602 Sec. 235 (a), pp. 319, 713 Sec. 236 (a), Sec. 241 (a), pp. 286, 630, 795 Sec. 241 (a) (1), pp. 216, 344, 463, 465, 559, 632, 642, 676, 738, 759 |