Burden of proof-Continued

reasonable diligence, fine proceedings, bringing immigrant without visa;

vol. III, p. 111

Burglar's tools, possession; see Crimes involving moral turpitude

Burglary; see Crimes involving moral

turpitude

Business, temporay visitor for; see Visitor

C

Canadian citizenship, loss under Canadian Naturalization Act of 1914; vol. I, p.

498

Canadian Indians; see American Indians born in Canada

Canadian narcotics statute; criminal, not merely regulatory; vol. II, p. 603 Canadian national, defined, Canadian Nationals Act of 1921 (Rev. Stat. 1927, ch. 21); vol. I, p. 560 Canadian nationality:

British subjects not necessarily nationals of Canada; vol. II, p. 232 minor, acquisition by; vol. I, pp. 25, 329, 476, 596, 685

involuntary acquisition; vol. I, pp. 476, 496, 685

Carnal abuse or carnal knowledge; see Crimes involving moral turpitude Certificate of citizenship:

birth abroad 1925, citizen mother and alien father; citizenship acquired in 1937 when, following divorce, mother acquired custody (de Coll doctrine); question whether this constituted naturalization under sec. 339, 1940 Act; vol. III, p. 845 birth Philippines 1896, Spanish

parents born in Puerto Rico; citizenship acquired under Act of March 2, 1917 (Puerto Rican citizenship Act) in own right and not as contemplated by sec. 339, 1940 act; vol. III, p. 286

Certificate of lawful entry; racial eligibility to naturalization, 1940 Act, sec. 328 (b); vol. III, p. 304

Certificate of naturalization; child who acquired citizenship by statutory declaration (Virgin Islands); vol. III, p. 870

Child:

adopted:

Act of Dec. 28, 1945, validity of adoption; vol. III, p. 608 proceedings for adoption in office of foreign consul; effect, vol. V, p. 733

sec. 101 (b) (1), 1952 Act, not within; vol. V, pp. 289, 556 birth on American merchant vessel on high seas, not birth in U. S.; vol. III, p. 677

born out of wedlock (see also Citizenship-acquisition at birth, by child born abroad):

adopted by citizen husband of mother, but not natural father, not within sec. 101 (b) (1), 1952 Act; vol. V, pp. 120, 289, 731

birth in 1917, mother native of Virgin Islands, 1927 Act, as amended; vol. III, p. 870 legitimation of (see also Legitimation)

legitimation, proxy marriage of

parents, vol. V, p. 698

legitimation, State court decree, Tennessee, vol. III, p. 657

nonquota status, vol. V, pp. 120, 272, 731

citizenship:

acquisition at birth abroad; see Citizenship-acquisition at birth, by child born abroad

cancellation of parent's naturalization, presumptive fraud, 1906 Act; vol. V, pp. 218, 517 derivation after birth by child born abroad; see Citizenshipderivation (after birth) by child born abroad

custody, conflict of state laws; vol. III, p. 845

nonquota immigrant; see Nonquota immigrant

under 16, admitted under sec. 14, 1924 Act; vol. III, p. 815

unmarried minor, nonquota status under sec. 4 (a), 1924 Act, effect of marriage before entry; vol. III, p. 528

Chinese:

adopted children; vol. III, pp. 134, 608 quota status, effect of Act of Dec. 17, 1943, upon secs. 4 (a) and 6 (a) (1) (A), 1924 Act; vol. IV, p. 552 secondary wife, child of; acquisition of citizenship; burden of proof; vol. III, p. 689

treaty trader, status, sec. 3 (6), 1924 Act; substantial trade requirement; vol. III, p. 517

Puerto Rico, birth in 1895, child for whom alien parents opted Spanish nationality; vol. IV, p. 29 Virgin Islands, birth in, before acquisition by U. S., Act of 1927, as amended by 1932 Act; vol. III, p. 719

woman, U. S. citizen, effect of acquisition of foreign citizenship through marriage upon her U. S. citizenship; vol. III, p. 107

Citizenship-acquisition at birth, by child born abroad:

American merchant vessel, on; vol.
III, p. 677

birth before May 24, 1934:

Citizenship-acquisition at birth, by child

born abroad-Continued

birth before May 24, 1934-Continued residence in U. S., prior, of citizen parent, presence in Puerto Rico as "residence"; vol. I, p. 287

birth between May 24, 1934, and Janurary 13, 1941:

citizen at birth, subject to divestiture; vol. I, p. 464

out of wedlock, effect of sec. 205, 1940 Act; vol. IV, p. 440 retention requirement; see Citizenship-loss : retention requirements, sec. 201 (g), (h), and (1), 1940 Act

subsequently lost under sec. 201 (g), 1940 Act, not restored by 1952 Act; vol. V, p. 291

birth between January 13, 1941, and
December 23, 1952:

out of wedlock, acquisition
through mother; subsequent
legitimation; expatriative ef-
fect (alien father); vol. III,
p. 485, vol. IV, p. 440
out of wedlock, but later legiti-
mated; acquisition only under
sec. 205, 1940 Act; effect of
sec. 201 (g) or (i), 1940 Act;
vol. III, p. 794

out of wedlock; parents' marriage
lawful in U. S. but not in coun-
try where birth occurred; no
basis for claiming citizenship
under sec. 205, 1940 Act, as il-
legitimate child of citizen
mother; vol. I, p. 301
Philippines, in; father a native,

mother acquired citizenship under R. S. 1993; applicability of sec. 201 (e), 1940 Act; vol. IV, p. 575 residence in U. S. before birth of child of at least one citizen parent; temporary visits did not constitute residence, sec. 201 (c); 1940 Act; vol. IV, p. 418 residence in U. S. of citizen par

ent as prerequisite under sec.
201 (g) and (1), 1940 Act; con-
structive residence; vol. III, p.
652

residence of citizen father in U. S.
before child's birth under sec.
201 (g) and (1), 1940 Act, ap-
plicability of sec. 201 (c); vol.
IV, p. 424
residence of citizen parent serv-
ing abroad in armed forces, sec.
201 (g), 1940 Act; vol. II,
p. 311
residence of citizen parent under
21 years of age at birth of
child; vol. II, p. 182, vol. III,
p. 794

sec. 201 (g), 1940 Act, legislative
history; vol. II, p. 190

Citizenship-acquisition at birth, by child

born abroad-Continued

birth between January 13, 1941, and December 23, 1952-Continued

sec. 201 (i), 1940 Act (armed forces veteran citizen parent), military service commenced after child's birth; vol. II, p. 799

Hawaii, citizenship of citizen parent
acquired through birth in residence
in Hawaii before annexation deemed
residence in U. S. under R. S. 1993;
vol. III, p. 206

Philippines, 1896, of Puerto Rican
parents; Acts of April 12, 1900, and
March 2, 1917; vol. III, p. 286
Puerto Rico, citizenship of citizen par-
ent acquired through birth in; resi-
dence in unincorporated territory
deemed residence in U. S. under
R. S. 1993; vol. I, p. 287
Virgin Islands, birth in, before ac-
quisition by U. S., see Citizenship:
Virgin Islands

Virgin Islands, citizen mother born

in; child born out of wedlock in Costa Rica; effect of father's naturalization; operation of Act of February 25, 1927, as amended by Act of June 28, 1932; vol. III, p. 870 Citizenship-acquisition by woman under Act of June 25, 1936, as amended; nationality "status" but not "rights" conferred unless oath of allegiance taken; amendment of July 2, 1940, construed; vol. I, pp. 127, 283, vol. IV, p. 723

Citizenship-derivation (after birth) by child born abroad:

Rev. Stat. 2172; only partially re-
pealed by sec. 2, Act of May 24,
1934 (amending sec. 5, Act of
March 2, 1907); vol. I, p. 127
Rev. Stat. 2172, operation of; vol. III,
p. 645

Rev. Stat. 2172; alien father and
citizen mother divorced; custody of
child to mother; application of "De
Coll" ruling (37 Op. Atty. Gen. 90
(1933)); vol. III, p. 845
Rev. Stat. 2172, through resumption
of citizenship by mother under Act
of June 25, 1936; oath of allegiance
not taken by mother during child's
minority; vol. I, p. 127
1907 Act; by legitimation through
marriage of parents when child over
21 years of age; retroactive effect;
applicability of sec. 102 (h), 1940
Act; vol. III, p. 225
1934 Act, sec. 2 residential require-
ments; effect of repeal by 1940 Act
where citizenship status not ac-
quired before Jan. 13, 1941; vol.
III, p. 645

child born abroad-Continued 1934 Act, sec. 2, upon father's naturalization in 1935, child admitted to U. S. for permanent residence in 1929; vol. III, p. 470

1934 Act, sec. 2, residence requirement of five years; effect of temporary absence; vol. IV, p. 692

1940 Act, sec. 102 (h), applies only to cases arising under chap. III of 1940 Act; vol. III, p. 225

1940 Act, secs. 313 and 314; vol. IV, p. 22

1940 Act, sec. 314, applicability of "savings clause" sec. 347; vol. II, p. 536

1940 Act, sec. 314 (c), custody of child where parents are legally separated; vol. III, p. 850

1940 Act, sec. 314 (c), "legal separa-
tion" construed; vol. III, pp. 742,
850

1940 Act, sec. 347, savings clause ap-
plicability in derivative cases; vol.
II, p. 536, vol. III, p. 645
lawful admission for permanent resi-
dence requirement; vol. III, p. 815
residence requirement under Act of

1934; vol. III, p. 645, vol. IV, p. 692 resumption of citizenship by mother under Act of June 25, 1936, oath of allegiance not taken by mother during child's minority; vol. 1, p. 127

resumption of citizenship by widowed mother under Act of June 25, 1936; requirement of lawful admission for permanent residence; vol. III, p. 815

Citizenship-derivation by woman through marriage, 1907 Act, deemed "naturalized" citizen; vol. I, p. 429 Citizenship-loss :

age, as factor; vol. II, pp. 263, 390,
vol. III, p. 470

armed forces deserter in wartime;
vol. II, p. 276, vol. IV, p. 540
cancellation of parent's naturaliza-
tion, presumptive fraud; vol. III,
p. 475, vol. V, pp. 218, 517
denaturalization, through; retroac-
tive effect ("relation back"); vol.
III, p. 275, vol. IV, pp. 373, 702,
vol. V, pp. 405, 759
denaturalization, through (see also
Citizenship-loss : revocation of
naturalization)

dual national; see Dual national; elec-
tion to retain U. S. nationality
employment by foreign government:
Canada:

member of school trustee board; vol. II, p. 60 stenographer; vol. II, p. 231 teacher; vol. I, p. 304

Citizenship-loss-Continued

employment by foreign government-
Continued
Italy:

teacher; vol. IV, p. 521

Mexico:

policeman; vol. II, p. 363
teacher forest ranger; vol.
II, p. 57

evading service in armed forces, de-
parting U. S. or remaining out; vol.
II, pp. 378, 417, 861, 910, vol. III,
pp. 141, 347

evading service in armed forces after
induction; vol. II, p. 276
knowledge of expatriative effect of
one's acts as factor; vol. III, p. 558
legitimation of child who had acquired
through citizen mother; sec. 205,
1940 Act, vol. III, p. 485, vol. IV,
p. 440

naturalization, foreign, during minor-

ity, through father; vol. II, pp. 124,
427, vol. III, p. 690
naturalization in foreign state during
minority; vol. I, p. 329

oath of allegiance to foreign state, by
(see also Oath of allegiance,
foreign):

involuntary military service, in-
cident to; vol. III, pp. 586,
701, vol. V, p. 497

sec. 2, 1907 Act, minor; confirma-
tion after reaching majority;
vol. II, p. 789, vol. IV, p. 22
sec. 2, 1907 Act; vol. I, pp. 548,
673, vol. II, pp. 60, 263, 296,
789, 908, vol. III, p. 701, vol.
IV, p. 22

sec. 401 (b), 1940 Act; vol. I,
pp. 317, 558, 596, vol. III, p.
470

proof; burden; degree; vol. III, pp.
141, 586

reacquisition of former citizenship by
treaty, Norway; vol. III, pp. 98,
668
reacquisition of Italian nationality
through residence in Italy, followed
by acceptance thereof through join-
ing Fascist Party; vol. III, p. 671
renuncitation of U. S. citizenship,
formal; vol. II, p. 401, vol. III, p.
110

residence abroad by naturalized citi-
zen, through:

computation of period of resi-
dence, secs. 404, 409, 1940 Act;
vol. IV, p. 321

effective date of expatriation,
secs. 404, 406, 1940 Act; vol.
III, p. 860

exemption based upon absence
abroad representing U. S. busi-
ness concern, secs. 404, 406,
1940 Act; vol. III, p. 253

Citizenship-loss-Continued

residence abroad by naturalized citi-
zen, through-Continued

exemption based upon absence
abroad representing U. S. re-
ligious order, sec. 406 (b),
1940 Act; vol. V, p. 544
meaning of "en route" to U. S.,
delay incident to travel, secs.
404, 409, 1940 Act; vol. II, pp.
816, 889

sec. 2, 1907 Act; vol. I, pp. 398,
429, 464, 563, 587

secs. 404, 409, 1940 Act; vol. II,
pp. 816, 889, vol. III, pp. 470,
668, vol. IV, pp. 45, 421
sec. 404 (b), 1940 Act, not ap-
plicable to former native born
citizen repatriated under sec.
323, 1940 Act, as amended by
Act of Aug. 7, 1946; vol. IV,
p. 248

treaty between Lithuania and
U. S. (1938), overcoming pre-
sumption of loss; vol. IV, p.
321

treaty between Norway and U. S.
(1869), intention to remain

outside of U. S.; vol. III, pp.

98, 668

veteran of World War I, exemp-
tion; vol. III, p. 668
retention requirements, sec. 201 (g),
(h), and (i), 1940 Act:

arrival in Aleutian Islands be-
fore, but on mainland after,
16th birthday; vol. IV, p. 360
arrival on 16th anniversary of
birth; vol. IV, p. 617

delay not result of own inaction
or lack of diligence; vol. IV, p.
639

failure to fulfill, citizenship not
restored by 1952 Act; vol. V,
p. 291

revocation of naturalization:
deportability on basis of, proceed-
ings begun before naturaliza-
tion; vol. IV, p. 327
"relation back" doctrine gener-
ally; vol. III, p. 275, vol. IV,
pp. 373, 702
"relation back" doctrine not ap-
plicable in deportation proceed-
ings to documentary charges;
vol. V, p. 759
service in foreign armed forces:
after foreign citizenship (Cana-
dian) was already lost through
father's U. S. naturalization;
vol. I, p. 272

age, as factor, sec. 401 (c), 1940
Act; vol. III, p. 470
begun before January 13, 1941,
and continued thereafter; vol-
untariness; vol. II, p. 304

Citizenship-loss-Continued

service in foreign armed forces-Con.
Canadian Officers Training Corps,

not deemed "armed forces" un-
der sec. 401 (c), 1940 Act; vol.
II, p. 346

Canadian University Air Train-

ing Corps, not deemed "armed
forces" under sec. 401 (c), 1940
Act; vol. II, p. 455

duress, sec. 401 (c), 1940 Act;
vol. IV, p. 57

executive agreement with Canada,
applicability to dual national;
vol. II, p. 783, vol. V, p. 678
executive agreement with Mexico

as "law of U. S.," vol. II, p.
243, vol. V, p. 497
ignorance of U. S. citizenship, al-
leged; vol. III, p. 558
permission of local draft board;
vol. V, p. 674

sec. 401 (c), 1940 Act; vol. III,
p. 558, vol. IV, p. 248

voting in foreign election or plebiscite :
age, below legal voting age, not
defense; vol. III, p. 829
commissar, agrarian community,
Mexican, election for held to be
within sec. 401 (e), 1940 Act;
vol. III, p. 890

ignorance of U. S. citizenship
status; vol. IV, p. 528
municipal elections in Canada;
vol. I, p. 267, vol. II, p. 440
plebiscite, Canada, as to sale of
wine and beer, held to be within
sec. 401 (e), 1940 Act; vol. II,
p. 427

plebiscite, Canada, as to release

of Canadian Government from
commitments in selective serv-
ice matters, not within sec. 401
(e), 1940 Act; vol. I, p. 239
prior to January 13, 1941; vol. I,
p. 536, vol. III, p. 107
unauthorized, false claim of for-
eign nationality, within
401 (e), 1940 Act; vol. II, p.
82

sec.

voluntary, Germany in 1949; vol.
IV, p. 486

war, while United States was at; vol.
II, pp. 263, 296, vol. IV, p. 398
woman, upon her marriage to alien or
husband's acquisition of foreign
citizenship, 1907 Act; vol. I, p.
429, vol. II, p. 313, vol. III, p. 107,
vol. IV, pp. 93, 154, 398

Communist; see Subversive
Commuter, effect of 1952 Act upon status;
vol. V, p. 716

Commuter, effect of extended, unavoidable

absence from United States; vol. IV, p.
454

Constitutionality of statutes; vol. III, pp.
417, 456, vol. IV, pp. 475, 556

U. S.; vol. IV, p. 21; vol. V,
p. 56

pardon; see Pardon

penal certificate "negative," effect on
deportability; vol. V, p. 129

plea of nolo contendere; vol. V, pp.
198, 759

record of conviction:

crime charged, use in determin-
ing moral turpitude; vol. IV,
p. 241

defined; vol. II, p. 357

expungement, deportability after
(California); vol. IV, p. 265
expungement, excludability after
(California); vol. V, p. 194
"extinction" of record, Italy; vol.
V, p. 129

foreign crime; vol. II, p. 520,
vol. III, p. 3, vol. V, p. 606
includes statements of court on
sentencing; vol. IV, p. 490
indictment, recitals as to greater
offense disregarded when alien
pleads guilty to lesser offense;
vol. II, p. 526, vol. IV, p. 241
introduction precludes inquiry

outside of record; vol. III,
p. 641
moral turpitude, use in determin-
ing; vol. I, p. 540, vol. II, p.
213, vol. III, p. 193, vol. V,
p. 463

moral turpitude, use in determin-
ing where statute is divisible;
vol. V, p. 65

outside evidence as to permanency
of taking (Canadian theft
cases); vol. II, p. 22, vol. III,
p. 723

outside evidence incompetent to

show innocence; vol. I, p. 540
outside evidence to establish na-
ture of crime; vol. III, pp. 502,
641; vol. V, p. 708

outside evidence, use; discretion-
ary relief; vol. III, pp. 792, 804
placing case on file, Massachu-
setts, as conviction within
meaning of 1952 Act; vol. V,
p. 392

United States citizen, while a; vol. V,

p. 678

Country to which deportable; see Place of
deportation