Discretionary relief-Continued good moral character-Continued marital status, adjustment, adulterous relation- prostitution; 5-559 record of conviction, expungement of, effect requirement, discussion; 1-611 internee during World War II; former member naturalization fraud on behalf of another; 3-343 refusal of alien to testify; 7-697; 11-210 seaman, recently arrived; 3-869 sec. 4(a), 1924 Act; see Documentary require- advance waiver in current proceedings where alien in U.S. ineligible for preexamination; alien in U.S. who failed to qualify for preex- extreme hardship; question of; 9-1 nunc pro tunc exercise; 7-713; 8-608 sec. 6, Act of Sept. 11, 1957: waiver under; continuing effect; 10-1 alien in U.S. ineligible for preexamination; deportable as one who admits commission of failure to fulfill marital agreement; 7-715 "otherwise admissible" requirement; 8-215 waiver under; continuing effect; 10-1 sec. 13, Act of Sept. 11, 1957; see Adjustment of sec. 13(b), 1924 Act; see Documentary require- sec. 211(b), 1952 Act; see Documentary require- sec. 211(c) and (d), 1952 Act: alien on notice marriage prior to entry into authority of special inquiry officer at warrant Discretionary relief-Continued sec. 211(c) and (d), 1952 Act-Continued 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: former alcoholic, drug addict & criminal; nunc pro tunc grant; 8-285, 302 past immigration record, as factor; 8-476 sec. 212(d)(4)(A), 1952 Act; see Documentary sec. 212(1) [formerly sec. 212(h)]; see Exclusion sec. 241(f); see Deportation grounds: visa charge: exemption subversive: Communist Party member, former; 3-411, Communist Party, former nominal member; Communist Party of England, former in- Fascist Party, Italian, former member; 2-582 voluntary departure; see Voluntary departure Dishonorable discharge following honorable one; Displaced Persons Act of 1948: ethnic German classification, sec. 12; 3-838 misrepresentation as to nationality status; 5-323 subversive; see Subversive Divorce: absentee, under Jordanian-Moslem law, by absentee, under Jordanian-Moslem law; plain- China, in; by U.S. resident; 6-195 Chinese mutual consent divorce; not valid to custody of child, conflict of State laws; 3-845 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; nunc pro tunc, effective; Colorado; 3-845 proxy, under Jordanian-Moslem law, by plain- 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 citizen mother on visit; child born abroad while legally resident alien retruning lawful resident, after temporary ab- returning lawful resident, after temporary ab- returning lawful resident, after temporary ab- sence (naturalized citizen at time of last entry, waiver of; sec. 211(b), 1952 Act; 7-314; 8-143, waiver of; sec. 212(d) (4) (A), 1952 Act; 8-485 waiver of visa; sec. 13(b), 1924 Act; 1-10, 232, wife of citizen veteran of World War II; 3-371 false letter of employment; alien commuter; "other documentation" defined; 7-486 Domicile; see Residence; Seventh Proviso, sec. Dominion Opium and Narcotic Drug Act, 1923, as Draft dodger: "avoid" and "evade", meaning; 2-424 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 choice; 2-124, 428 homestead acquisition in foreign state during majority; 1-329 oath of allegiance to country of foreign nation- obligation to elect by dual national at birth; obligation to elect by dual national thru passport of his foreign nationality, use of; 3-98 return to U.S. prior to Jan. 13, 1943; 1-476 residence abroad after reaching majority; sec. 401(a), 1940 Act, persons within; one who Dual national-Continued election of nationality-Continued 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 communal land in Mexico; effect; 9-664 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 obtaining foreign passport; 9-411 obtaining foreign passport without using it for presentation of foreign passport at time of prior to, but not enjoyed after, Dec. 24, 1952; prior to, with continued enjoyment of 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 re- at a place not designated; deportation charge, Entry-Continued child, of; born abroad while citizen mother citizen, as; under view of Service subsequently citizen, as; erroneous, good faith; 5-218 fictitious 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- question of, to sustain exclusion ground; see record; nonexistence of; effect in deportation records; eriors; 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 re- drunk, following departure of which he was un- excluded alien who is permitted to sojourn in extradition from foreign country to stand trial in Filipino, noncitizen national, arrival in U.S. in Filipino, noncitizen national upon arrival before Filipino, noncitizen national upon arrival fishing trip, return from; alleged ignorance of Entry into the United States-Continued knowledge of foreign stops, en route (return to return from 1-day visit in Mexico, paroled for return from 10-day vacation in Mexico; 10-480 return from a month's absence to Portugal to return from a month's vacation in Mexico; return from a week's absence to Mexico to visit return from brief sight-seeing trip in Mexico; return from foreign country, every; exceptions; return from overnight visit in Canada linked to return from visit with family in Mexico during return of alien who has been denied entry in return of unemancipated minor from absence abroad accompanying stepfather who was un- stowaway, ordered detained on board, who child: born during temporary absence from U.S. erroneously admitted as U.S. citizen; 3-262; erroneously admitted under Quota Act of quota exhausted before charge could be made reentry as treaty trader; previous lawful admis- sion for permanent residence; 2-834 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: Entry record, amendment or creation, to show Escape from custody of sheriff, without force or Estoppel, doctrine of; operation in dep. proc. as to Estoppel, doctrine of; operation in dep. proc. as to admissions made in prior hearings; 4-765; affidavits of deceased witnesses; 6-496 affidavits of witnesses in lieu of oral testimony; affidavits showing nature of organization; alien's rights controlled by Jencks statute; authentication of baptismal & school records birth in U.S.: court decree, as; 3-237 blood tests to prove relationship; see Blood tests consideration of material received into evidence; necessity of; 11-759 court dismissed sec. 503, 1940 Act, suit without court record of testimony; witnesses not pro- exclusion proceeding; rules governing fair hear- fine proceeding; admissibility, even tho may husband's adverse testimony, waiver of priv- inferences from alien's refusal to testify; 6-246; information from seaman's discharge book, manifest records, weight; 5-220, 370 newspaper articles; 11-759 objection to introduction, timeliness of; 6-726 Evidence-Continued oral depositions taken from witnesses abroad physician employed by U.S. Public Health Serv- 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, self incrimination, privilege against; 4-720; Service files and testimony in unrelated pro- Service officer's testimony as to oral statements Service records; denial of request for examination State Department certification attesting to revo- statement, derogatory; maker unavailable for statement of alien, preliminary, under oath, statement of alien, preliminary (sworn); neces- statement of (Govt.) witness, request for pro- statements in Alien Registration Form; 4-475; statements of alien taken without prior warning statements, pre-hearing; responsibility for deter- statements taken in preliminary investigation; statements that Govt. witnesses were perjurers; 9-650 stipulations of fact: set aside, procedure to; 4-378 withdraw, alien's right to; 4-561 purposes; withdrawal by examining officer; 6-631 undercover agent, testimony of; 5-484 unrecorded statements (8 CFR 150.1(c)); 4-760 wife's adverse testimony, waiver of privilege; 6-496 witness, credibility of; determination by special inquiry officer; 7-417 witness (Govt.), recall for further cross-examina- witness who refused to furnish his address, Exchange visitor: adjustment of status; see Adjustment of status: allegation of unawareness of limitations of such alien admitted as spouse of exchange visitor waiver of; see Waiver of foreign residence program transfer; request for; 11-33 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 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 United States; 3-543 foreign naval personnel, inspection on arrival; grounds; see Exclusion grounds hearing, fair; mentally incompetent alien; 11-329 inadmissibility, waiver of, sec. 5, 6, or 7, 1957 Act; indictment, admissibility while under; 2-172 |