under 16, admitted under sec. 14, 1924 Act;
3-815

unmarried minor, nonquota status under sec.
4(a), 1924 Act, effect of marriage before entry;
3-528

Chinese:

quota status, effect of Act of Dec. 17, 1943, upon
secs. 4(a) and 6(a)(1)(A), 1924 Act; 4-552
secondary wife, child of; acquisition of citizen-
ship; burden of proof; 3-689

Citizenship (see also National, noncitizen, of
United States; and Naturalization):
acquisition; see Citizenship-acquisition at birth,
by child born abroad; and Citizenship-deriva-
tion (after birth) by child born abroad
blood tests as evidence of paternity; 5-149, 232,
351

burden of proof, deportation proceedings:
administrative ruling evidencing recognition
of U.S. citizenship; effect; 8-347; 10-43
admission of birth abroad; 7-332

burden of proof in exclusion proceedings; 3-141
Convention between Great Britain and United
States; 1-129

dual national; see Dual national

evidence of birth in United States:

burden of proof; U.S. passport as evidence;
3-680

decree of court; 3-237

military records; 6-415

fraudulent claims, convictions; 3-69, 623

Hawaii, birth in, prior to annexation by U.S.;
3-206

Hawaii; child (born 1899 in China) of father

naturalized Hawaiian citizen 1892; 8-347
ineligibility to; see Ineligibility to citizenship
legitimation of child born out of wedlock (see also
Legitimation), retroactive effect; 3-225; 4-354
passport, U.S., erroneously issued by U.S. offi-
cial, no fraud; effect; 10-770

Philippine Islands, inhabitants of; 3-404
presumption of continuance; 2-382
Puerto Rico, birth in (1931), of Spanish parents,
resided in Spain 1931 to 1957; 1917 Act as
amended by 1934 Act; 10-256

Puerto Rico, birth in 1895, child for whom alien
parents opted Spanish nationality; 4-29
Puerto Rico, native of, born 1908 of Spanish
parents; father in 1899 opted Spanish national-
ity; 9-188

Virgin Islands, birth in, before acquisition by
U.S., Act of 1927, as amended by 1932 Act;
3-719; 6-226

woman, U.S. citizen, effect of acquisition of
foreign citizenship through marriage upon her
U.S. citizenship; 3-107

Citizenship-acquisition at birth, by child born
abroad:

American merchant vessel, on; 3-677

birth before May 24, 1934:

citizen mother, alien father, married in 1944;
3-485

father also born abroad, but grandfather born
in U.S., R.S. 1993; 1-558; 3-885
mother, U.S. native, lost citizenship thru
marriage but repatriated by Act of June
25, 1936; 1-127

abroad-Continued

birth before May 24, 1934-Continued

out of wedlock, alien mother, natural father
a U.S. citizen; 5-689

out of wedlock, alien mother, natural father
a U.S. citizen; retroactive effect of legitima-
tion; 4-354

residence in U.S., prior, of citizen parent
(in Hawaii before 1898); 3-206
residence in U.S., prior, of citizen parent;
permanent character of residence; 1-40
residence in U.S., prior, of citizen parent;
birth of child while parent's application for
admission awaited final adjudication; 3-885
residence in U.S., prior, of citizen parent,
presence in Puerto Rico as "residence";
1-287

birth between May 24, 1934 and Jan. 13, 1941:
citizen at birth, subject to divestiture; 1-464
failure to retain under sec. 201(g), 1940 Act;
retention under 1952 Act; 5-291; 7-646;
8-221, 226

out of wedlock, effect of sec. 205, 1940 Act;
4-440

out of wedlock, subsequent legitimation thru
marriage of citizen mother and alien father,
effect; 7-523

residence in U.S., prior, of citizen parent;
visits to U.S. as residence; 6-1
retained under sec. 201(g), (h), 1940 Act, as
of Dec. 24, 1952; status determined thereafter
pursuant 1952 Act; 7-122

retention requirement; see Citizenship-loss:

retention requirements

birth between Jan. 13, 1941 and Dec. 23, 1952:
out of wedlock, acquisition through mother;
subsequent legitimation; expatriative effect
(alien father); 3-485; 4-440

out of wedlock, but later legitimated; acquisi-
tion only under sec. 205, 1940 Act; effect of
sec. 201 (g) or (i), 1940 Act; 3-794
out of wedlock; parent's marriage lawful in
U.S. but not in country where birth occurred;
no basis for claiming citizenship under sec.
205, 1940 Act, as illegitimate child of citizen
mother; 1-301

Philippines, in; father a native, mother ac-
quired citizenship under R.S. 1993; appli-
cability of sec. 201(e), 1940 Act; 4—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; 4-418

residence in U.S. of citizen mother prior to
birth of illegitimate child; temporary visit
constitutes residence, sec. 205, 1940 Act;
9-479

residence in U.S. of citizen parent as prerequi-
site under sec. 201 (g) and (i), 1940 Act; con-
structive residence; 3-652

residence in U.S. of citizen parent prior to
birth of child, sec. 201(g); time spent in U.S.
as college student; 7-643

residence of citizen father in U.S. before child's
birth under sec. 201 (g) and (i), 1940 Act,
applicability of sec. 201(c); 4-424

Citizenship-acquisition at birth, by child born
abroad-Continued

birth between Jan. 13, 1941 and Dec. 23, 1952—
Continued

residence of citizen parent in territory (Philip-

pines) which prior to, but not at time of,
child's birth was U.S. possession; sec. 201(g),
1940 Act; 7--667

residence of citizen parent serving abroad in

armed forces, sec. 201(g), 1940 Act; 2—311
residence of citizen parent under 21 yrs. of age
at birth of child; 2-182; 3-794

sec. 201(g), 1940 Act, legislative history; 2-190
sec. 201(1), 1940 Act (armed forces veteran
citizen parent), military service commenced
after child's birth; 2-799

birth subsequent to Dec. 23, 1952:

residence of citizen parent in Philippines prior
to date they ceased to be outlying possession
(1946); physical presence, sec. 301 (a) (7), 1952
Act; 9-558

Hawaii, citizenship of citizen parent acquired
thru birth in; residence in Hawaii before an-
nexation deemed residence in U.S. under R.S.
1993; 3-206

Philippines, 1896, of Puerto Rican parents; Acts
of Apr. 12, 1900, and Mar. 2, 1917; 3-286
Puerto Rico, citizenship of citizen parent ac-
quired thru birth in; residence in unincor-
porated territory deemed residence in U.S.
under R.S. 1993; 1-287

Puerto Rico, 1908, of Spanish parents, father in
1899 opted Spanish nationality; Act of Apr. 12,
1900 and subsequent Acts; 9-188

Puerto Rico, 1931, of Spanish parents, resided
in Spain 1931 to 1957; 1917 Act as amended by
1934 Act; 10-256

retention requirements; see Citizenship-loss:
retention requirements

Virgin Islands, birth in, before acquisition 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
Feb. 25, 1927, as amended by Act of June 28,
1932; 3-870
Citizenship-acquisition by male descendants of
Lafayette; effect of Maryland Act of 1784; 6-749
Citizenship-acquisition by woman under Act of
June 25, 1936, as amended; nationality "status"
but not "rights" conferred unless oath of allegi-
ance taken; amendment of July 2, 1940 construed;
1-127, 283; 4-723

Citizenship-acquisition thru naturalized Hawaiian
citizen parent; 8-347

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

Rev. Stat. 2172; only partially repealed by sec.
2, Act of May 24, 1934 (amending sec. 5, Act
of Mar. 2, 1907); 1-127

Rev. Stat. 2172, operation of; 3-645

Rev. Stat. 2172; alien father and citizen mother
divorced; custody of child to mother; applica-
tion of "de Coll" ruling (37 Op. Atty. Gen.
90 (1933)), 3-845

Citizenship-derivation (after birth) by child born

abroad-Continued

Rev. Stat. 2172, thru resumption of citizenship
by mother under Act of June 25, 1936; oath of
allegiance not taken by mother during child's
minority; 1-127

1907 Act; by ligitimation thru marriage of parents
when child over 21 years of age; retroactive
effect; applicability of sec. 102(h), 1940 Act;
3-225

1934 Act, sec. 2, residential requirements; effect
of repeal by 1940 Act where citizenship status
not acquired before Jan. 13, 1941; 3-645
1934 Act, sec. 2, upon father's naturalization in
1935, child admitted to U.S. for permanent
residence in 1929; 3-470

1934 Act, sec. 2, residence requirement of 5
years; effect of temporary absence; 4-692
1940 Act, sec. 102(h), applies only to cases arising
under ch. III of 1940 Act; 3-225

1940 Act, sec. 206(b); child born in Saipan of
father born in Guam in 1904; 10-206

1940 Act, secs. 313 and 314; 4-22

1940 Act, sec. 314, applicability of "savings
clause" sec. 347; 2-536

1940 Act, sec. 314; illegitimate child; 10-401
1940 Act, sec. 314(c), custody of child where
parents are legally separated; 3-850

1940 Act, sec. 314(c), "legal separation" con-
strued; 3-742, 850

1940 Act, sec. 347, savings clause applicability
in derivative cases; 2-536; 3--645
1952 Act, sec. 321:

illegitimate child; over 16 on Dec. 24, 1952 but
otherwise eligible; 10-401

illegitimate child, under 16 and residing in
U.S. on Dec. 24, 1952; mother naturalized
in 1949; 8-272

law in effect when last material condition met
controls; 7-512

lawful admission for permanent residence re-
quirement; 7-679

lawful admission for perinanent residence re-
quirement; 3-815

Organic Act of Guam (Aug. 1, 1950); child born
in Saipan of father born in Guam in 1904;
10-206

residence requirement under Act of 1934; 3-645;
4-692

resumption of citizenship by mother under Act
of June 25, 1936, oath of allegiance not taken
by mother during child's minority; 1—127
resumption of citizenship by widowed mother
under Act of June 25, 1936; requirement of
lawful admission for permanent residence;
3-815

Citizenship-derivation by woman thru marriage:
Act of 1907, deemed "naturalized" citizen;
1-429

Rev. Stat. 1994; Chinese woman; 6-200
Citizenship-loss:

act designated expatriative by statute; when
inoperative; 8-226

action by dual national (upon reaching majority)
to retain foreign nationality; effect; sec. 401,
1940 Act; 9-411

age, as factor; 2-263, 390; 3-470

armed forces deserter in wartime:

effective date of expatriation; 6-666

general; 2-276; 4-540

Korean conflict, as time of war; 6-756
termination of state of war as of July 25, 1947;
6-422

burden of proof; sec. 349(c); 11-186
cancellation of parent's naturalization, pre-
sumptive fraud; 3-475; 5-218, 517; 7-266
cancellation of parent's naturalization, upon;
constructive presence satisfies sec. 340(f)
residence requirement; 9-64

denaturalization, through; retroactive effect
("relation back") 3-275; 4-373, 702; 5-405, 759
denaturalization, through; see also Citizenship-
loss: revocation of naturalization

dual national; see Dual national

employment by foreign government:
Canada:

member of school trustee board; 2-60

stenographer; 2-231

teacher; 1-304; 9-313

sec. 349 (a) (10), 1952 Act; 6—379; 8-78

sec. 401 (j), 1940 Act; 2-276, 378, 417, 861,
910; 3-141, 347; 6-485; 9-30

findings of, by court in declaratory judgment

suit; operation of doctrine of collateral estoppel
in dep. proc.; 7-407

involuntariness, claim of; sec. 349 (c); 10-472
involuntariness, claim of; burden of proof, sec.
349 (c), date limitation; 9-578

knowledge of expatriative effect of one's acts
as factor; 3-558

legitimation of child who had acquired thru
citizen mother; sec. 205, 1940 Act; 3-485;
4-440

naturalization, foreign; declaration of retention
of foreign nationality, not equivalent of;
9-411

naturalization, foreign, during minority, thru
father; 2-124, 427; 3-690, 761; 6-590
naturalization in foreign state during minority;
1-329

"naturalization," in foreign state; sec. 401(a),
1940 Act; question of: 10-394

oath of allegiance to foreign state, by (see also
Oath of allegiance, foreign):
involuntary military service, incident to;
3-586, 701; 5-497

sec. 2, 1907 Act; confirmatory act, question

of; 10-355

oath of allegiance to foreign state, by-Con.
sec. 2, 1907 Act; during minority; subsequent
confirmation; 10-355

sec. 2, 1907 Act; during wartime, confirmed
by subsequent acts; 8-604

sec. 2, 1907 Act; effective date of loss; 10–355
sec. 2, 1907 Act; minor; confirmation after
reaching majority; 2-789; 4-22

sec. 2, 1907 Act; 1-548, 673; 2-60, 263, 296,
789, 908; 3-701; 4-22

sec. 401(b), 1940 Act; 1-317, 558, 596; 3-470;
6-611, 792; 9-411

Philippines, citizens of:

termination of U.S. nationality on July 4, 1946;
6-182

proof; burden; degree; 3-141, 586; proceedings
commenced prior to Sept. 26, 1961; 9-575
reacquisition of former citizenship by treaty,
Norway; 3-98, 668

reacquisition of foreign nationality by operation
of law:

acceptance thereof, by voluntary overt act
clearly manifesting:

act itself not statutory ground of expatria-
tion; effect, sec. 2, 1907 Act; 10-139
applying for and receiving Italian identity
card; 6-590

as prerequisite to citizenship loss; sec. 2, 1907
Act; 3-671; 6-15; 9-660; 10-139
effective date of expatriation; 6-70; 9-660;
10-139

joining Fascist Party; 3-671; 6-15

obtaining and using Italian passport, as;
9-362

standard of proof required; sec. 2, 1907 Act;
9-362

voting in Irish political elections constitutes;
10-484

renunciation of U.S. citizenship before notary
public; effect; 9-411

renunciation of U.S. citizenship, formal; 2-401;
3-110

residence abroad by naturalized citizen, through:
computation of period of residence, secs. 404,
409, 1940 Act; 4-321

effect of absences on continuity of foreign
residence; 7-591

effective date of expatriation, secs. 404, 406,
1940 Act; 3-860

exemption, ill health, sec. 406(c), 1940 Act;
3-860

exemption, ill health, sec. 353(5), 1952 Act; reg-
istration requirement; 7-619

exemption based upon absence abroad repre-
senting U.S. business concern; secs. 404, 406,
1940 Act; 3-253

exemption based upon absence abroad repre-
senting U.S. religious order, sec. 406(b), 1940
Act; 5-544

exemption under sec. 354 (5) based on U.S.
residence; retroactive effect of 1959 amend-
ment to sec. 354 (5); 9-493

meaning of "en route" to U.S., delay incident
to travel, secs. 404, 409, 1940 Act; 2-816, 889
sec. 2, 1907 Act; 1-398, 429, 464, 563, 587
sec: 352(a) (1), 1952 Act; 9-711

Citizenship-loss-Continued

residence abroad by naturalized citizen, through-
Continued

secs. 404, 409, 1940 Act; 2-816, 889; 3-321,
470, 668; 4-45, 421

sec. 404(b), 1940 Act; 9-711

sec. 404 (b), 1940 Act, not applicable to former
native-born citizen repatriated under sec.
323, 1940 Act, as amended by Act of Aug. 7,
1946; 4-248

treaty between Lithuania and U.S. (1938),
overcoming presumption of loss; 4-321
treaty between Norway and U.S. (1869), in-
tention to remain outside of U.S.; 3-96,
668

veteran of World War I, exemption; 3-668
retention requirements, sec. 201(g), (h), (i), and
401(a), 1940 Act:

arrival in Aleutian Islands before, but on main-
land after, 16th birthday; 4-360

arrival on 16th birthday; 4-617

delay not result of own inaction or lack of dili-
gence; 4-639

effective date of loss under sec. 401(a); 2-6
failure to fulfill; citizenship retention under
1952 Act; 5-291; 7-646; 8-221, 226
fulfillment of, lacking but possible as of Dec.
24, 1952; citizenship retention thereafter
determined under 1952 Act; 7-122

sec. 401(a); applicability to child who attains
age of 23 subsequent to Dec. 24, 1952; 7-612;
8-511

retention requirements, sec. 301 (b), 1952 Act:
arrival after 23d birthday not due to own lack
of diligence; 8-221, 226

compliance with, notwithstanding failure to
retain citizenship under sec. 201(g), (h),
1940 Act; effect; 8-221, 226
fulfillment of; by citizen commuter, resident in
Mexico, after 23d birthday; 10-22, 60
ignorance of claim to citizenship; effect;
10-366

physical presence; absence abroad as member
of Armed Forces, effect on continuity;
10-103

physical presence, continuous (5 yrs.); com-
putation of; 10-22, 124

physical presence, effect of temporary ab-
sence on continuity; 7-646

physical presence requirement; combination

of actual and constructive presence, as
satisfying; 9-64; 11-51

residence in U.S., establishment of; does
not toll physical presence requirements;
10-22

residence in U.S., establishment of; necessity;
10-60

retention requirements, sec. 349 (a) (1), 1952 Act:
applicable to person who attains age 23 sub-
sequent to Dec. 24, 1952; 8-511
prospective application; 7-612
revocation of naturalization:

deportability on basis of, proceedings begun
before naturalization; 4-327
effect upon immigration status of wife; 1-84
judgment of denaturalization pursuant 1906
Act; jurisdictional defect, question of; 11-76

Citizenship-loss-Continued

revocation of naturalization-Continued
judgment of denaturalization void on its
face because of indication that summons
never served; 6-366

presumptive fraud, for; 1906 Act; effect of
consular officer's report of expatriation;
7-266

presumptive fraud, for; 1906 Act; personal
notice and publication of notice, question
of; 11-76

"relation back" doctrine generally; 3-275;
4-373, 702

"relation back" doctrine not applicable in

dep. proc. as to documentary charges; 5-759
status of naturalized citizen prior to entry
of formal revocation decree; 6-217
sec. 401 (a), 1940 Act; 10-394
service in foreign armed forces:

after being misinformed by official sources re
U.S. citizenship; 9-362

after foreign citizenship (Canadian) was al-
ready lost thru father's U.S. naturalization;
1-272

age, as factor, sec. 401(c), 1940 Act; 3-470
began before Jan. 13, 1941, and continued
thereafter; voluntariness; 2-304

began prior Dec. 24, 1952, and continued
thereafter; 8-194

Canadian Officers Training Corps, not deemed
"armed forces" under sec. 401 (c), 1940 Act;
2-346

Canadian University Air Training Corps, not
deemed "armed forces" under sec. 401 (c),
1940 Act; 2-455

Cuba, Rebel Army of; 9-452; 10-472
duress, sec. 401(c), 1940 Act; 4-57
"entering"; question of; 10-472
executive agreement with Canada, applica-
bility to dual national; 2-783; 5-678
executive agreement with Mexico as "law of
U.S."; 2-243; 5-497; 6-641, 648
ignorance of U.S. citizenship, alleged; 3-558
Ireland, An Forsa of; not deemed "armed
forces," sec. 401(c), 1940 Act; 8-340
permission of local draft board; 5-674
sec. 349(a) (3), 1952 Act; 8-194, 307

sec. 401 (c), 1940 Act; 3-558; 4-248; 8-194
voluntariness, conclusive presumption of; sec.
349(b), 1952 Act; 9-41

voluntariness; sec. 349(c), 1952 Act; 10-472
voting in foreign election or plebiscite:
after being misinformed by official U.S.
sources re citizenship; 9-362

age, below legal voting age, not defense; 3-829
burden of proof; 11-186

commissar, agrarian community, Mexican,
election for held to be within sec. 401(e),
1940 Act; 3-890

duress, claim of; sec. 401(e), 1940 Act; 9-711
burden of proof; 11-12

ignorance of U.S. citizenship status; 4-528;

voting in foreign election or plebiscite-Con.
plebiscite, Canada, as to sale of wine and beer,
held to be within sec. 401 (e), 1940 Act; 2-427
plebiscite, Canada, as to release of Canadian
Government from commitments in selective
service matters, not within sec. 401(e), 1940
Act; 1-239

political elections, Canada; relying on mis-
information by Canadian Govt. official re
U.S. citizenship; 10-533
presidential election, Mexico; 9-516
prior to Jan. 13, 1941; 1—536; 3—107
unauthorized, false claim of foreign nationality,
within sec. 401(e), 1940 Act: 2-82
voluntariness; claim of fear; sec. 401(e), 1940
Act; 8-317

voluntariness, conclusive presumption of; sec.
349(b), 1952 Act; 7-665; 8-226; 9–516, 670,
711

voluntary, Germany in 1949; 4-486

war, while United States was at; 2-263, 296;
4-398

woman, upon her marriage to alien or husband's
acquisition of foreign citizenship, 1907 Act;
1-429; 2-313; 3-107; 4-93, 154, 398
Communist; see Subversive
Commuter:

destined employment certified pursuant sec.
212(a) (14) (B); admissibility; 9-591
destined new employment following extended,
unavoidable absence; 11-791

effect of 1952 Act upon status; 5-716
effect of extended, unavoidable absence from
U.S.; 4-454; 11-665

employment, regular but not daily; 11-466
employment is only part-time; 11-466

employment of only 2 hours in U.S. during

10-month period; 8-643

job not available after extended, unavoidable
absence; 11-665, 791

loss of status; 8-209

one who has never taken up residence or employ-
ment in U.S.; 3-519

self-employment in U.S.; effect; 11-466
Conditional entry; sec. 203(a)(7), 1952 Act, as

amended; see Quota preference: Act of 1952, as
amended by P.L. 89-236: sec. 203(a) (7)
Confinement to penal institution; see Good moral
character: confinement to penal institution, sec.
101(f) (7), 1952 Act

Constitutionality of statutes; 3-417, 456; 4-475, 556
Conviction of crime:

adjudication of guilt under foreign law; 5-606
California:

minor (under 18); tried and convicted in
superior court; 9-487

sentenced by juvenile court after plea of guilty
in superior court; 6-835

court martial:

Canada; 1-485

England; 1-485

Germany, by U.S. Armed Forces in; as con-
viction in U.S.; 3-536; 5-56; 6-481

Italy; 1-34; 8-453

Netherlands Naval Forces. by; 8-469
United States; 1-486

Germany, by U.S. Military Court in; as convic-
tion in U.S.; 4-21

in absentiar question of; 8-608
pardon; see Pardon

penal certificate "negative," effect on deport-
ability; 5-129

petty offenses; see Exclusion grounds: crime,
admission or conviction

plea of guilty to general conspiracy count; effect;
9-688

plea of nolo contendere; 5-198, 759
record of conviction:

crime charged, use in determing moral turpi-
tude; 4-241
defined; 2-357
expungement,

deportability after; 4-265;

8-429; 9-159; 10-526
expungement, excludability after (Calif.);
5-194

"extinction" of record, Italy; 5-129

foreign crime; 2-520; 3-3; 5-606

includes statements of court on sentencing;
4-490

indictment containing allegations not necessary
for conviction; 6-98

indictment, recitals as to greater offense dis-
regarded when alien pleads guilty to lesser

offense; 2-526; 4-241; 10-730
introduction of, precludes outside inquiry;
3-641; 10-593

moral turpitude, use in determining; 1-540;
2-213; 3-193; 5-463; 7-342

moral turpitude, use in determining where
statute is divisible; 5-65; 10-136
outside evidence as to permanency of taking
(Canadian theft cases); 2-22; 3-723
outside evidence incompetent to show inno-
cence; 1-540

outside evidence to establish nature of crime;
3-502, 641; 5-708

outside evidence, use; discretionary relief;
3-792, 804

reliance on court's opinion to determine
nature of crime; 6-400

recourse to State's Attorney's remarks to
court to determine nature of crime; 10-136
sec. 241 (a) (4), 1952 Act; within meaning of:
conviction not in U.S.; 7-356; 11-242
conviction of an offense under sec. 722 (8),
N.Y. Penal Law; as; 7-520
conviction of city ordinance violation; 8-59
conviction resulting in commitment under

Federal Youth Corrections Act; 8-360, 517
elements constituting; 10-401
execution of sentence suspended, alien placed
on probation, Texas; 7-478; 9-172
execution of sentence suspended, alien placed
on probation on condition of restitution;
11-457

final conviction; twice convicted alien; 7-539
finality; applicability of rule to sec. 241(a)(11);

7-580

finality; conviction in Canada; 8-199

imposition of sentence postponed; 7-580