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Discretionary relief-Continued

good moral character-Continued

marital status, adjustment, adulterous relation-
ship; 3-478, 567; 5-522; 6-675

prostitution; 5-559

record of conviction, expungement of, effect
(Calif.); 6-619

requirement, discussion; 1-611

internee during World War II; former member
Fascist Party; 2-587

naturalization fraud on behalf of another; 3-343
perjury in immigration proceedings; 2-606
perjury in naturalization proceedings; 1-79;
2-595, 700, 712, 905

refusal of alien to testify; 7-697; 11-210
sabotage of vessel; 2-582

seaman, recently arrived; 3-869

sec. 4(a), 1924 Act; see Documentary require-
ments: waiver of visa; sec. 4(a), 1924 Act
sec. 5, Act of Sept. 11, 1957 (see also sec. 212(h)
entry under this mainline title):

advance waiver in current proceedings where
alien ordered excluded; 8-325

alien in U.S. ineligible for preexamination;
8-68

alien in U.S. who failed to qualify for preex-
amination by 6-30-59; 8-478
discretionary denial; 9-1

extreme hardship; question of; 9-1

nunc pro tunc exercise; 7-713; 8-608
waiver under; continuing effect; 10-1

sec. 6, Act of Sept. 11, 1957:

waiver under; continuing effect; 10-1
sec. 7, Act of Sept. 11, 1957 (see also sec. 212(i);
sec. 241(f) under this mainline title):
advance waiver in current proceedings where
alien ordered excluded; 8-325

alien in U.S. ineligible for preexamination;
8-68

deportable as one who admits commission of
perjury in obtaining visa; 8-310
entry without inspection by falsely claiming
citizenship; 8-143

failure to fulfill marital agreement; 7-715
misrepresentation to evade quota restrictions;
effect on clause (A) exemption; 8-310
nunc pro tunc exercise; 8-608

"otherwise admissible" requirement; 8-215
parent of adult U.S. citizen child; eligibility;
8-140, 355

waiver under; continuing effect; 10-1

sec. 13, Act of Sept. 11, 1957; see Adjustment of
status

sec. 13(b), 1924 Act; see Documentary require-
ments: waiver of visa; sec. 13(b), 1924 Act
sec. 13(d) and (e), 1924 Act, time limitation;
1-84; 5-525

sec. 211(b), 1952 Act; see Documentary require-
ments: waiver of, sec. 211(b)

sec. 211(c) and (d), 1952 Act:

alien on notice marriage prior to entry into
U.S. would invalidate visa; 8-665; 10-236
authority of Regional Commissioner, without
institution of dep. or exclusion proceedings;
7-525

authority of special inquiry officer at warrant
hearing; 6-321

Discretionary relief-Continued

sec. 211(c) and (d), 1952 Act-Continued
child born abroad erroneously admitted as
citizen, accompanied by alien mother ap-
plicant for admission under Act of Dec.
28, 1945; 11-253

child born abroad erroneously admitted as
citizen on second return of citizen mother;
7-136

nunc pro tunc exercise; 8-131

quota availability, time limitation; 7-304
visa issued under sec. 4(a) (6), Refugee Relief
Act of 1953; 6-237

sec. 212(c), 1952 Act; see Returning lawful per-
manent resident alien: sec. 212(c), 1952 Act,
relief under

sec. 212(d) (3), 1952 Act:

former alcoholic, drug addict & criminal;
11-99

nunc pro tunc grant; 8-285, 302

past immigration record, as factor; 8-476
waiver of inadmissibility not based on sec.
212(a); 8-291

sec. 212(d)(4)(A), 1952 Act; see Documentary
requirements: waiver of, sec. 212(d)(4)(A)
sec. 212(e), 1952 Act, as amended; see Waiver
of foreign residence; sec. 212(e), 1952 Act
sec. 212(h) [formerly sec. 212(g)]; see Exclusion
grounds: crime, admission or conviction:
waiver of

sec. 212(1) [formerly sec. 212(h)]; see Exclusion
grounds: fraud or misrepresentation, sec.
212(a) (19): waiver of

sec. 241(f); see Deportation grounds: visa charge:
fraud or misrepresentation: sec. 241(1)

exemption

subversive:

Communist Party member, former; 3-411,
787; 6-713

Communist Party, former nominal member;
eligibility under sec. 244(a)(5), 1952 Act;
5-141

Communist Party of England, former in-
voluntary member; 5-72
excludable as; 3-784

Fascist Party, Italian, former member; 2-582
sec. 19(d), 1917 Act, as amended; effect; 4-675
suspension of deportation; see Suspension of
deportation

voluntary departure; see Voluntary departure
Dishonorable discharge while abroad; return to
U.S. as military prisoner not deemed "entry";
3-536

Dishonorable discharge following honorable one;
status of wife under Act of Mar. 19, 1951; 4-622
Disorderly house or bawdy house; see Crimes in-
volving moral turpitude

Displaced Persons Act of 1948:

ethnic German classification, sec. 12; 3-838
misrepresentation as to intention to accept offer
of employment; 4-653, 748

misrepresentation as to nationality status;

5-323

subversive; see Subversive

Divorce:

absentee, under Jordanian-Moslem law, by
party domiciled in Conn.; 7-556

absentee, under Jordanian-Moslem law; plain-
tiff in Jordan, defendant in Colombia; 10-580
absolute or limited; legal separation; sec. 314,
1940 Act; 3-742

China, in; by U.S. resident; 6-195

Chinese mutual consent divorce; not valid to
terminate Hong Kong marriage by civil cere-
mony; 11-853

custody of child, conflict of State laws; 3-845
foreign, comity between nations; 2-886; 6—272
foreign consul in U.S., by; 6-470; 11-369
foreign, obtained while either party domiciled or
physically present in U.S.; 3-33, 227; 4-610;
6-195; 7-556; 8-16

Germany, in; by U.S. resident, national of
Germany; 1-677

Germany; enforced decree based on racial
grounds; 5-1

in absentia, Hungary: obtained by nationals of
Hungary domiciled in New York; 10-264

in absentia, Pakistan; obtained while living in
England; 10-561

Massachusetts; decree nisi; finality; 9-296
Mexican, "mail order"; 1-679; 3-33; 4-610;
8-16; 10-370; 11-109

Mexican, plaintiff physically present in Mexico;
3-227; 5-659

Mexican, plaintiff residing in Mexico and de-
fendant in Lebanon; 6-272

New York; sec. 7-2, Domestic Relations Law;
deserted spouse; 7-156

nunc pro tunc, effective; Colorado; 3-845

proxy, under Jordanian-Moslem law, by plain-
tiff in Puerto Rico, defendant in Jordan;
11-179

State court, granted by; collateral attack in visa
petition proceedings; 8-251

Turkey, in; canonical; validity; 9-430

valid in foreign country where domiciled; effect
of residence elsewhere; 1-677; 3-33, 227
Doctrine of collateral estoppel; see Estoppel, doc-
trine of

Documentary requirements:

adopted child, Act of Dec. 28, 1945; 3-608

child born abroad while citizen mother on visit;
2-188; 7-311

child born abroad while legally resident alien
mother on visit; 2-188; 3-215
native-born Canadian coming for visit of less
than 30 days; 2-518

retruning lawful resident, after temporary ab-
sence; 1-369

returning lawful resident, after temporary ab-
sence (crewman; temporary employment
ashore in Saipan between sailings), 7-314
returning lawful resident, after temporary ab-
sence (intention to take up residence in U.S.);
3-519

returning lawful resident, after temporary ab-

sence (naturalized citizen at time of last entry,
naturalization later cancelled for fraud); 3-275
returning lawful resident, after temporary ab-
sence (naturalized citizen whose citizenship
was lost while abroad); 11-414

waiver of; sec. 211(b), 1952 Act; 7-314; 8-143,
249; 11-414

waiver of; sec. 212(d) (4) (A), 1952 Act; 8-485
waiver of passport; sec. 211(e), 1952 Act; 11-249
waiver of visa; secs. 4(a) 13(b), 1924 Act; sec. 30,
1940 Act; 3-582

waiver of visa; sec. 13(b), 1924 Act; 1-10, 232,
321; 3-582

wife of citizen veteran of World War II; 3-371
Documentation, other; sec. 212(a) (19), 1952 Act:
application for extension of stay, as; 6-315
citizen's identification card; 7-486

false letter of employment; alien commuter;
11-738

"other documentation" defined; 7-486
Dodecanese Islands, transfer to Greece; quota
allocation; 3-712

Domicile; see Residence; Seventh Proviso, sec.
3, 1917 Act

Dominion Opium and Narcotic Drug Act, 1923, as
amended, sec. 414(1)(f); 2—600

Draft dodger:

"avoid" and "evade", meaning; 2-424
distinguished from army desertion; 2-276, 419
distinguished from conscientious objector; 5-425
exclusion ground, as; see Exclusion grounds:
departure to avoid armed forces duty
expatriation ground, as; see Citizenship-loss:
evading service in armed forces, departing U.S.
or remaining out

need for Service determination of excludability
in connection with visa petition on behalf of
alien husband; 3-376

not liable for military service, effect; 2-403;
5-593

Driving automobile without owner's consent,
Calif., Veh. Code, sec. 503; 1-143

Drug addict; see Deportation grounds: narcotic
drug addict

Dual national:

election of nationality:

army of his foreign nationality, service in;
2-243, 783; 3-701

formality of procedure; necessity for definitive

choice; 2-124, 428

homestead acquisition in foreign state during
minority; disaffirmance upon reaching

majority; 1-329

oath of allegiance to country of foreign nation-
ality; 3-701

obligation to elect by dual national at birth;
1-389; 2-347; 4-756; 9-411

obligation to elect by dual national thru
marriage to alien in 1934; 3-107

passport of his foreign nationality, use of; 3-98
residence abroad after reaching majority and

return to U.S. prior to Jan. 13, 1943; 1-476
residence abroad after reaching majority and
claims of U.S. citizenship before and after
reaching majority when entering U.S. for
visits; 2-124

residence abroad after reaching majority;
return to U.S. before 1941 for short period
followed by permanent residence abroad;
1-496, 685

sec. 401(a), 1940 Act, persons within; one who
already elected U.S. nationality and has
abided by such election; 1-496

Dual national-Continued

election of nationality-Continued

sec. 401(a), 1940 Act; "taking up residence in
U.S." before 23d birthday or Jan. 13, 1943;
1-24, 476, 496, 502, 536, 548, 596, 685; 2-6,
124, 598; 3-98, 470, 690, 761; 6-590; 10-394
voluntariness of election; 1-551

voting in Canada after electing U.S. national-
ity; 1-536

loss of nationality, sec. 350, 1952 Act:

applies to all dual nationals at birth; 7-195
benefits of foreign nationality, sought or
claimed:

acceptance of right to develop a parcel of

communal land in Mexico; effect; 9-664
acquisition of property in Mexico in area
restricted to ownership by Mexican citi-
zens: 10-630, 740

acquisition of property in Mexico without
authorization required of non-Mexican
nationals; 7-218

after attaining 22d birthday and subsequent
to Dec. 24, 1952, followed by 3 years'
residence; 7-195

after attaining 22d birthday and subsequent
to Dec. 24, 1952, preceded by 3 years'
residence; 7-195

ignorance of claim to U.S. citizenship; effect;
9-482

Mexican nationality, to gain admission to
U.S. as agricultural worker; 7-718
nature of benefit required to effect nation-
ality loss; 7-718

obtaining foreign passport; 9-411

obtaining foreign passport without using it for
travel; 8-112

presentation of foreign passport at time of
admission to U.S.; 8-112

prior to, but not enjoyed after, Dec. 24, 1952;
7-195

prior to, with continued enjoyment of
benefits and foreign residence 3 years
after, Dec. 24, 1952; 7-218, 599

readmission to Canada as Canadian citizen;
9-411

conditions precedent to nationality loss; 8-112
prospective application; 7-195

residence; effect of absences; 7-599

Due process of law; applicant for admission to
U.S.; 1-587

Duress; fear as excuse for committing crime; 3--350

Election:

E

distinguished from plebiscite; sec. 401 (e), 1940
Act; 2-436

dual national, by; to retain U.S. nationality; see
Dual national

voting as act of expatriation; see Citizenship-loss
Eligible orphan; see Child: elizible orphan
Entry:

armed forces, as member of; failed meet re-
quirements Act of 6-30-50, as amended; 8-21;
10-17

at a place not designated; deportation charge,
distinguished from entry without inspection;
1-617

Entry-Continued

child, of; born abroad while citizen mother
on visit; no visa; 7-311

citizen, as; under view of Service subsequently
reversed; 5-517

citizen, as; erroneous, good faith; 5-218
deportation proceedings based upon; see De-
portation grounds

fictitious name, alias, or other name used for;
legality; 2-644

Filipino, from Hawaii; subsequent May 1, 1934;
7-201

immoral purpose; sec. 212(a) (13), 1952 Act; 5—185
immoral purpose; concubinage; 1-373; 3-218
lawful admission for permanent residence; see
Lawful admission to the U.S. for permanent
residence

naturalized citizen whose citizenship was can-
celled after; deportability under sec. 241(a)(4);
6-666

naturalized citizen whose citizenship was can-
celled after; relation back doctrine; 3-275;
4-373, 702
naturalized citizen whose citizenship was can-
celled after; applicability of relation back doc-
trine to documentary charges; 5-759; 7-103
question of, to sustain deportation charge; see
Entry into U.S. (whether or not an entry has
been made)

question of, to sustain exclusion ground; see
Entry into U.S. (whether or not an entry has
been made)

record; nonexistence of; effect in deportation
proceedings; 1952 Act; 5-181

records; eriors; legality; 2-644

reentry as "entry" for deportation purposes;
1-4, 510

selection of any, as basis for deportation charge;
6-684; 9-643

under 1917 Act, as distinguished from 1924 Act;
3-632; 7-201

Virgin Islands, to; prior to July 1, 1938; 1-414
without inspection; deportation ground; see De-
portation grounds: entry without inspection
Entry into the United States (whether or not an
entry has been made):

armed forces, member of; 4—126, 630

armed forces, former member who elected to re-
main abroad at time of discharge and thereafter
returned to U.S.; 3-539

drunk, following departure of which he was un-
aware because; 4-235

excluded alien who is permitted to sojourn in
U.S. (parole); 3—543

extradition from foreign country to stand trial in
U.S.; 3-632

Filipino, noncitizen national, arrival in U.S. in
1926; 4-569

Filipino, noncitizen national upon arrival before
May 1, 1934, last entered as returning resident
after July 4, 1946; 5-668

Filipino, noncitizen national upon arrival
(Hawaii) in 1924, last entered (Hawaii) 1951
returning from employment in Kwajalein
Island (trust territory); 7-128

fishing trip, return from; alleged ignorance of
foreign destination; 5-220

Entry into the United States-Continued
insular possessions, from; to continental U.S.;
3-632;7-201; involuntary departure from U.S.,
after; 3-536

knowledge of foreign stops, en route (return to
U.S. by air); 3—632

return from 1-day visit in Mexico, paroled for
prosecution on narcotics charge & convicted;
11-625

return from 10-day vacation in Mexico; 10-480
return from 2-hour absence to Mexico; not lawful
permanent resident; Wadman inapplicable;
11-106

return from a month's absence to Portugal to
visit parents; 10-529

return from a month's vacation in Mexico;
10-551

return from a week's absence to Mexico to visit
relatives and make a pilgrimage; 11-432
return from brief absence to Mexico to visit
relatives; 10-341

return from brief sight-seeing trip in Mexico;
10-376

return from foreign country, every; exceptions;
3-481

return from overnight visit in Canada linked to
cheating activities in gambling game; 10-522
return from short visit to Mexico to report to
clerk of court in that country and to sign
bond book; 11-15

return from visit with family in Mexico during
which involved in criminal conduct for which
convicted; 11-478

return of alien who has been denied entry in
foreign port; 6-638

return of unemancipated minor from absence

abroad accompanying stepfather who was un-
der military orders; question of; 10-304
return (without inspection) from brief visit in
Mexico (lawful permanent resident); 11-103
return (without inspection) from brief visit (by
nonimmigrant, out of status) to Mexico;
11-819

stowaway, ordered detained on board, who
escaped vessel & remained ashore; 9-356
trust territory (Kwajalein Island), return from
employment in; to Hawaii; 7-128
Entry record, amendment or creation, to show
admission for permanent residence:

child:

born during temporary absence from U.S.
of lawful permanent resident mother;
3-215, 262

erroneously admitted as U.S. citizen; 3-262;
11-253

erroneously admitted under Quota Act of
1921, exemption 9; 3-815

quota exhausted before charge could be made
(1923); 3-391

reentry as treaty trader; previous lawful admis-

sion for permanent residence; 2-834

sec. 13 (d) and (e), 1924 Act; see Discretionary
relief; sec. 13 (d) and (e), 1924 Act

sec. 211 (c) and (d), 1952 Act; see Discretionary
relief

sec. 249, 1952 Act; see Adjustment of status:
sec. 249, 1952 Act

Entry record, amendment or creation, to show
admission for permanent residence-Con.
suspension of deportation; see Suspension of
deportation

Escape from custody of sheriff, without force or
violence, N.J.; 2—873

Estoppel, doctrine of; operation in dep. proc. as to
conspiracy conviction re entry by misrepresenta-
tion, absent specific findings of court; 10-214
Estoppel, doctrine of; operation in dep. proc. as to
expatriation finding of court in declaratory judg-
ment suit; 7-407

Estoppel, doctrine of; operation in dep. proc. as to
subversive organization membership finding by
court in denaturalization suit; 8-577; 9-127
Evading military service; see Citizenship-loss:
evading service in armed forces, departing U.S.
or remaining out; Exclusion grounds: departure
to avoid armed forces duty
Evidence:

admissions made in prior hearings; 4-765;
5-752

affidavits of deceased witnesses; 6-496

affidavits of witnesses in lieu of oral testimony;
5-612, 738; 6-496

affidavits showing nature of organization;
5-451

alien's rights controlled by Jencks statute;
8-696

authentication of baptismal & school records
entered in evidence in dep. proc.; question
of; 11-378

birth in U.S.:

court decree, as; 3-237
military records; 6-415
passport, as; 3-680

blood tests to prove relationship; see Blood tests
citizen of U.S., prior admission as; weight;
2-428

consideration of material received into evidence;

necessity of; 11-759

court dismissed sec. 503, 1940 Act, suit without
entry final order; effect; 8-244

court record of testimony; witnesses not pro-
duced, although available; 6-300
discrepancies, testimonial; on issue of rela-
tionship; 3-608; 5-232

exclusion proceeding; rules governing fair hear-
ing; 2-469 (see also Exclusion)

fine proceeding; admissibility, even tho may
tend impeach exclusion order; 10-240
foreign documents, not authenticated; 6-415
hospital records containing opinions, conclu-
sions, and hourly notes by hospital personnel;
8-523

husband's adverse testimony, waiver of priv-
ilege; 5-738

inferences from alien's refusal to testify; 6-246;
7-308; 8-568; 11-213

information from seaman's discharge book,
introduction where alien stands mute; 11-489
judicial rules not binding; 5-752; 6-415;
11-213, 585

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
when respondent nor his counsel present;
11-378

physician employed by U.S. Public Health Serv-
ice, testimony of; 5-738

police officers, obtained by, during search with-
out a warrant; introduction not violative of
Fourth Amendment; 6-726

public charge, nature and quantum of evidence;
3-644

refusal of alien to testify; 3-22; 4-556; 5-60,
175, 242, 370, 484, 738; 6-246, 415; 7-133, 271,
308; 11-213

self incrimination, privilege against; 4-720;
5-306; 6-246; 7-133, 308; 9-225

Service files and testimony in unrelated pro-
ceedings, authority of hearing officer to sub-
poena; 5-60

Service officer's testimony as to oral statements
of alien; 4-760

Service records; denial of request for examination
of; 10-567

State Department certification attesting to revo-
cation of visa; 8-456

statement, derogatory; maker unavailable for
cross-examination; 8-105

statement of alien, preliminary, under oath,
voluntarily made; admissibility; 9-225, 646;
11-213, 585

statement of alien, preliminary (sworn); neces-
sity of identification where alien stands mute;
7-133, 308

statement of (Govt.) witness, request for pro-
duction of; timeliness; 9-650

statements in Alien Registration Form; 4-475;
5-175

statements of alien taken without prior warning
of possible adverse use; 5-370
statements, pre-hearing, of Govt. witness; not
requested during hearing; subsequent avail-
ability; 10-268

statements, pre-hearing; responsibility for deter-
mining existence of; 8-696

statements taken in preliminary investigation;
1-408; 4-475, 684; 5-306, 738

statements that Govt. witnesses were perjurers;
admissibility for impeachment

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
translations of documents asserted to be in-
accurate; 6-726

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;

6-496

witness, credibility of; determination by special

inquiry officer; 7-417

witness (Govt.), recall for further cross-examina-
tion; 8-696; 9-14, 650

witness who refused to furnish his address,
competency of; 5-312

Exchange visitor:

adjustment of status; see Adjustment of status:
sec. 245, 1952 Act

allegation of unawareness of limitations of such
status when first received; effect; 11-603
change of nonimmigrant status; see Status:
nonimmigrant, change of, sec. 248
extension of stay; application for; 11-333
foreign residence requirement, sec. 212(e), 1952
Act:

alien admitted as spouse of exchange visitor
(J-2); subject to; 11-893

waiver of; see Waiver of foreign residence
requirement; sec 212(e), 1952 Act

program transfer; request for; 11-33
status, failure to maintain; see Deportation
grounds: status, failure to maintain
suspension of deportation, eligibility for; see
Suspension of deportation

waiver of foreign residence; see Waiver of foreign
residence requirement, sec. 212 (e), 1952 Act
Exclusion:

Administrative Procedure Act, applicability to
boards of special inquiry; 4—121

American Indians born in Canada; see American
Indians born in Canada

board of special inquiry:

fairness of hearing, unreasonable delay in
disposing of alien's appeal; 2—172
grounds of exclusion; appellate body's right
to lodge additional grounds; 2-406
jurisdiction, loss; when applicant entered be-
fore board's final order; 3-178

temporary exclusion; 8 CFR 175.57; hearing;
3-177

United States citizenship; board's right to
adjudicate; 1-587

burden of proof; 3-777; 5—312

coming to commit a crime, immigrant or non-
immigrant classification; 2-43; 3-407
conviction during parole; effect on admissibility;
9-143

deportable upon entry; excludability in absence
of specific exclusion ground; 1-293; 2-406;
7-565; 8-128, 291

effect of sec. 245 adjustment of status on pre-
existing ground of; 9–548

effect of sec. 249 adjustment of status on pre-
existing ground of; 8-288

examining officer, right to cross-examine alien in
exclusion proceedings; 8-24

excluded alien deemed not to have "entered"

the United States; 3-543

foreign naval personnel, inspection on arrival;
2-293

grounds; see Exclusion grounds

hearing, fair; mentally incompetent alien; 11-329
immigrant or nonimmigrant, determination of
status; 3-379

inadmissibility, waiver of, sec. 5, 6, or 7, 1957 Act;
continuing effect; 10-1

indictment, admissibility while under; 2-172
inferences from alien's refusal to submit to cross-
examination by examining officer; 8-24
Japanese or Korean national who entered Hawaii
with limited passport; admissibility to main.
land; 3-565

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