sec. 211 (c) and (d), 1952 Act: alien on notice marriage prior to entry into authority of special inquiry officer at warrant child born abroad erroneously admitted as nunc pro tunc exercise; 8-131 quota availability, time limitation; 7-304 sec. 212(c), 1952 Act; see Returning lawful per- sec. 212(d) (3), 1952 Act: nunc pro tunc grant; 8-285, 302 past immigration record, as factor; 8-476 sec. 212(d) (4) (A), 1952 Act; see Documentary sec. 241(f); see Deportation grounds: visa charge: subversive: Communist Party member, former; 3-411, Communist Party, former nominal member; Communist Party of England, former invol- excludable as; 3-784 Fascist Party, Italian, former member; 2-582 voluntary departure; see Voluntary departure Dishonorable discharge following honorable one; ethnic German classification, sec. 12; 3-838 absentee, under Jordanian-Moslem law, by absentee, under Jordanian-Moslem law; plain- absolute or limited; legal separation; sec. 314, China, in; by U.S. resident; 6-195 custody of child, conflict of State laws; 3-845 foreign, obtained while either party domiciled Germany, in; by U.S. resident, national of Germany; enforced decree based on racial in absentia, Hungary; obtained by nationals of in absentia, Pakistan; obtained while living in Massachusetts; decree nisi; finality; 9-296 Mexican, plaintiff physically present in Mexico; Mexican, plaintiff residing in Mexico and de- New York; sec. 7-2, Domestic Relations Law, State court, granted by; collateral attack in visa Turkey, in; canonical; validity; 9-430 valid in foreign country where domiciled; effect Documentary requirements: adopted child, Act of Dec. 28, 1945; 3-608 child born abroad while legally resident alien returning lawful resident, after temporary returning lawful resident, after temporary absence (naturalized citizen at time of last returning lawful resident, after temporary returning lawful resident, after temporary ashore in Saipan between sailings); 7-314 waiver of visa; sec. 13(b), 1924 Act; 1-10, 232, wife of citizen veteran of World War II; 3-371 "other documentation" defined; 7-486 Dodecanese Islands, transfer to Greece; quota 1917 Act Dominion Opium and Narcotic Drug Act, 1923, as Draft dodger: "avoid" and "evade", meaning; 2-424 distinguished from army desertion; 2-276, 419 expatriation ground, as; see Citizenship-loss: need for Service determination of excludability not liable for military service, effect; 2-403; Driving automobile without owner's consent, Drug addict; see Deportation grounds: narcotic Dual national: election of nationality: army of his foreign nationality, service in; formality of procedure; necessity for definitive homestead acquisition in foreign state during oath of allegiance to country of foreign na- obligation to elect by dual national at birth; obligation to elect by dual national thru mar- passport of his foreign nationality, use of; residence abroad after reaching majority and residence abroad after reaching majority; sec. 401(a), 1940 Act, persons within; one who sec. 401(a), 1940 Act; "taking up residence in voting in Canada after electing U.S. national- loss of nationality, sec. 350, 1952 Act: applies to all dual nationals at birth; 7-195 acceptance of right to develop a parcel of loss of nationality, sec. 350, 1952 Act-Continued claimed-Continued acquisition of property in Mexico without after attaining 22d birthday and subsequent after attaining 22d birthday and subsequent ignorance of claim to U.S. citizenship; effect; Mexican nationality, to gain admission to nature of benefit required to effect nationality obtaining foreign passport; 9-411 obtaining foreign passport without using it presentation of foreign passport at time of prior to, but not enjoyed after, Dec. 24, 1952; prior to, with continued enjoyment of bene- readmission to Canada as Canadian citizen; conditions precedent to nationality loss; 8-112 residence; effect of absences; 7-599 Due process of law; applicant for admission to Duress; fear as excuse for committing crime; 3-350 Election: E distinguished from plebiscite; sec. 401 (e), 1940 dual national, by; to retain U.S. nationality; see voting as act of expatriation; see Citizenship-loss armed forces, as member of; failed meet require- at a place not designated; deportation charge, child, of; born abroad while citizen mother on citizen, as; under view of Service subsequently citizen, as; erroneous, good faith; 5-218 tation grounds ficitious name, alias, or other name used for; Filipino, from Hawaii; subsequent May 1, 1934; immoral purpose; sec. 212(a) (13), 1952 Act; 5-185 naturalized citizen whose citizenship was can- naturalized citizen whose citizenship was can- naturalized citizen whose citizenship was can- question of, to sustain deportation charge; see question of, to sustain exclusion ground; see record; nonexistence of; effect in deportation records; errors; legality; 2-644 reentry as "entry" for deportation purposes; selection of any, as basis for deportation charge; under 1917 Act, as distinguished from 1924 Act; Virgin Islands, to; prior to July 1, 1938; 1-414 armed forces, member of; 4-126, 630 armed forces, former member who elected to drunk, following departure of which he was un- excluded alien who is permitted to sojourn in extradition from forelgn country to stand trial Filipino, noncitizen national, arrival in U.S. in Filipino, noncitizen national upon arrival before Filipino, noncitizen national upon arrival (Ha fishing trip, return from; alleged ignorance of insular possessions, from; to continental U.S.; Knowledge of foreign stops, en route (return to return from 10 day vacation in Mexico; 10-480 visit parents; 10-529 return from a month's vacation in Mexico; return from brief absence to Mexico to visit rela- return from brief sight-seeing trip in Mexico; return from foreign country, every; exceptions born during temporary absence from U.S. of erroneously admitted as U.S. citizen; 3-262 quota exhausted before charge could be made reentry as treaty trader; previous lawful admis- sec. 13(d) and (e), 1924 Act; see Discretionary sec. 211(c) and (d), 1952 Act; see Discretionary sec. 249, 1952 Act; see Adjustment of status: sec. suspension of deportation; see Suspension of de- Escape from custody of sheriff, without force or Estoppel, doctrine of; operation in dep. proc. as to conspiracy conviction re entry by misrepresenta- Estoppel, doctrine of; operation in dep. proc. as to admissions made in prior hearings; 4-765; 5-752 affidavits showing nature of organization; 5-451 court decree, as; 3-237 blood tests to prove relationship; see Blood tests court record of testimony; witnesses not pro Evidence-Continued exclusion proceeding; rules governing fair hear- fine proceeding; admissibility, even tho may husband's adverse testimony, waiver of privi- inferences from alien's refusal to testify; 6-246; judicial rules not binding; 5-752; 6-415 police officers, obtained by, during search with- public charge, nature and quantum of evidence; refusal of alien to testify; 3-22; 4-556; 5-60, 175, Service files and testimony in unrelated pro- Service officer's testimony as to oral statements Service records; denial of request for examina- State Department certification attesting to statement, derogatory; maker unavailable for statement of alien, preliminary, under oath, statement of (Govt.) witness, request for pro- statements in Alien Registration form; 4-475; statements of alien taken without prior warning statements, pre-hearing, of Govt. witness; not statements, pre-hearing; responsibility for deter- statements taken in p.eliminary investigation; statements that Govt. witnesses were perjurers; 9-650 stipulations of fact: set aside, procedure to; 4-378 purposes; withdraw, alien's right to; 4-561 undercover agent, testimony of; 5-484 unrecorded statements (8 CFR 150.1(c)); 4-760 unsigned statement of alien; 4-684 wife's adverse testimony, waiver of privilege; witness, credibility of; determination by special witness (Govt.), recall for further cross-examina- witness who refused to furnish his address, Exchange visitor: adjustment of status, sec. 245; eligibility; see status, failure to maintain; see Deportation waiver of foreign residence; see Waiver of foreign Administrative Procedure Act, applicability to American Indians born in Canada; see American board of special inquiry: fairness of hearing, unreasonable delay in grounds of exclusion; appellate body's right to temporary exclusion; 8 CFR 175.57; hearing; United States citizenship; board's right to burden of proof; 3-777; 5-312 coming to commit a crime, immigrant or non- deportable upon entry; excludability in absence effect of sec. 245 adjustment of status on pre- effect of sec. 249 adjustment of status on pre- examining officer, right to cross-examine alien in excluded alien deemed not to have"entered" the foreign naval personnel, inspection on arrival; grounds; see Exclusion grounds immigrant or nonimmigrant, determination of inadmissibility, waiver of, sec. 5, 6, or 7, 1957 Act; indictment, admissibility while under; 2-172 legislation enacted during parole of alien; effect place to which deportable; see Place of deporta- recommendation of court against deportation, returning resident alien: admissibility determined in exclusion (not admissibility determined under law in effect marriage on which entry for permanent resi- stowaway; right to hearing; 5-712 affliction, physical or mental; exemption, wife of citizen, 1917 Act, sec. 22; 2-183 assisted alien; passage reimbursement of society contract labor: baker, supervisory; 8-371 cook, supervisory; 8-371 dancer, professional; chorus member; 1-593 hockey player, professional; 1-264 crime, admission or conviction (see also Con- American Indians born in Canada; 3-300 convicted by foreign court martial; 8-469 conviction of forgery and uttering constitutes crime, admission or conviction-Continued petty theft, Texas; 6-435 proviso as to "only one such offense"; punishment "actually imposed", determi- punishment actually imposed less than 6 robo and lesiones, Mexico; 10-7 political offense; 4-108 recommendation against deportation, effect; suspension of execution of sentence as factor; time of admission, requirement; 5-676 two crimes before 18th birthday, 1952 Act; waiver of, sec. 212(g): alien at liberty under sentence-imposed departure to avoid armed forces duty: after induction; 2-482; 3—265 age, below (few days before 18th birthday); desertion from armed forces; 2-482; 3-266 liability for duty as factor; 2-282, 401, 417 primary purpose; application of standards retroactive effect of statute; 2-401, 417, 482 commuter, effect of certification (of Sec'y of ineligible employer replaced by eligible one fraud or misrepresentation, sec. 212(a) (19), availability in relief under sec. 7, 1957 Act, to citizen's identification card as "documenta- concealment of arrests; 9-623 concealment of arrest and conviction; 6-813 concealment of Communist Party member- concealment of criminal conviction, crime extensions of stay as "documentation"; 6-315 failure to divulge prior unlawful residence in |