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Fine-Continued

visa, bringing alien without (1952 Act)-Con.
mitigation not authorized; 5-226

signatory carrier (sec. 238); bringing to Canada,
natives of contiguous territory or returning
residents destined to U.S.; 8-8

transit through U.S., alien in; 6-362

TRWOV alien lacking valid passport; 8-498
waiver of visa:

foreign govt. official; 6-204

monimmigrant visitor; 6-85; 7-704; 10-197
returning resident; 6-262, 810, 819; 7-701
Finland; date when Finland became cobelligerent
during World War II; 2-548

Foreign Agents Registration Act; deportation for
conviction under; 3-310; 4-269

Foreign crimes; see Crimes involving moral turpi-
tude; Moral turpitude

Foreign naval personnel; inspection on arrival;
2-293

Foreign oath of allegiance; effect when taken in
U.S.; 1-558

Foreign pardon; see Pardon

Foreign residence requirement, exchange alien:
liability to, question of; see Exchange alien
visitor: foreign residence requirement

waiver of; see Waiver of foreign residence re-
quirement; sec. 212(e), 1952 Act

Forgery; see Crimes involving moral turpitude
Fornication; discretionary relief; 2-844
Fraud:

deceit, distinguished from; 2-651

marriage, annulment of; effect on entry as
spouse of citizen; see Deportation grounds:
fraudulent marriage ("Gigolo" Act of May 14,
1937)

marriage, annulment of; effect on entry as re-
turning resident alien; 7-565

moral turpitude; see Crimes involving moral
turpitude; Moral turpitude

naturalization, cancellation; "relation back"
doctrine; see Citizenship-loss: revocation of
naturalization

visa procured by; deportation ground; see De-
portation grounds: visa charge

Free Rumanian movement; 3-312

G

Gain, smuggling aliens for; see Deportation
grounds: smuggling aliens for gain
Gambling; see Crimes involving moral turpitude;
Good moral character: gambling offenses, sec.
101(f) (5), 1952 Act

German ethnic classification; D.P. Act of 1948;
3-838

Ghent Treaty, discussed; 1-310; 3-191
"Gigolo" Act of May 14, 1937; see Deportation
grounds: fraudulent marriage

Good moral character (see also Discretionary re-

lief; Preexamination; Seventh proviso, sec. 3,
1917 Act; Suspension of deportation; Voluntary
departure):

adulterous relationship; 2-840, 876, 892; 4-480;
5-522; 6-801; 7-156, 365
adultery:

determination of; applicability of criminal

test; 6-660, 801

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New Jersey; 7-376

New York; 6-801; 7-156
Oregon; 10-35

Texas; 7-175

confinement to penal institution; sec. 101(f) (7),
1952 Act:

effect of pardon for conviction resulting in;
7-249

United States citizen, while a; 7--405
defined; 1-158, 611; 2-145, 831; 3-571
distinguished from moral excellence; 1-611
examination of facts (in adm. proc.), to deter-
mine; not estopped by dismissal of pertinent
counts in criminal proc.; 11-805

false testimony; sec. 101 (f) (6), 1952 Act:

evasive, equivocal, discrepant & contradic-
tory statements at dep. hearing; 11-351
false claim to U.S. citizenship in visa petition;
7-706

false information given orally in application for
certificate of citizenship; 8-403

false statement in application for extension of
stay; 5-514; 6-208

false statement in application for U.S. pass-
port; 8-399

false statements, oral, sworn, in connection
with processing of VP; 10-725

false testimony in obtaining citizen's identi-
fication card; 7-486

recantation of false testimony, effect; 9-118
"testimony" construed; 8-399

fraudulent understatement of income to evade
income taxes; 11-805

gambling activities, income derived from: sec.
101(f) (4), 1952 Act; 8-185

gambling offenses, sec. 101(f) (5), 1952 Act; 6-242
illicit relationship; 7-247

marital status, irregularities; 2-842; 3-478, 833
naturalization cases, standards applicable to;
2-161, 334, 848

nonsupport; 2-161; 3-393

period required to qualify for preexamination;
7-726

perjury within 5-year period, suspension of
deportation; 2-492, 830

perjury within 5-year period; voluntary de-
parture and 7th Proviso relief; 2-606
prostitution; 5-559

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

sec. 101(f) (3), 1952 Act:

convicted (as a minor) in Superior Court of
Calif. of kidnapping; 9-487

convicted of "petty offense" within statutory

period; 7-147

convicted of violation of 8 USC 1324(a)(2);
11-478

single lapse, effect of; 1-611; 2-614; 5-708
voluntary departure, standards same as for
suspension; 2-731

Government official. member of family of; failure
to maintain status; deportation; 4-36
Government official, servant of; admission in 1919,
not for permanent residence; 3-638

Grand theft; see Crimes involving moral turpitude
Gross indecency; see Crimes involving moral
turpitude

Guam, nationality status of, inhabitants; 3-589,
729

Guam, "phasing-out" program; individual exten-
sions of stay required; 9-85

Guam, presumption of lawful admission for per-
manent residence under 8 CFR 4.2(j) [now
101.1(i)]; 8-371

Guam, presumption of lawful admission for per-
manent residence under 8 CFR 101.1(i); 9—82,
85

Guam, presumption of lawful admission for per-
manent residence under 8 CFR 101.1(j); 8—313,
421

Guam, readmission to, of permanent resident
crewman; effect of temporary employment
ashore in Saipan between sailings; 7—314
Guardian of incompetent citizen; right to file visa
petition in name of ward; 5-721

H

Harrison Narcotic Act, violation; deportation
ground (see also Deportation grounds: nar-
cotics); 2-602; 3-460
Hawaii:

entry to mainland, from; under 1917 Act, as
distinguished from 1924 Act; 7-201

Japanese or Koreans who entered with laborers'

limited passports; admissibility to mainland;
3-565

residents, before acquisition by U.S., citizenship
status; 3-206

Head tax:

child accompanying mother on her first return

to U.S.; 3-215, 264

debt in favor of U.S.; 2-251

Health and Safety Code of California:

planting and cultivating marihuana, sec. 11530;
5-309

sale of substance in lieu of naroctic; sec. 11502;
7-100

Hearing:

deportation proceeding; see Deportation; Fair
Hearing

exclusion proceeding; see Exclusion; Fair hearing
High seas, birth on American vessel; whether
birth in U.S.; 3—677
Housebreaking; see Crimes involving moral tur-
pitude

House of prostitution, distinguished from house of
assignation; 3-199

I

Illegal entry into Canada; see Crimes involving
moral turpitude

Illegitimate child; acquisition of citizenship at birth
abroad; see Citizenship-acquisition at birth by
child born abroad; see also Citizenship-deriva-
tion (after birth) by child born abroad
Illegitimate child, legitimation of; see Legitimation
Illiteracy; see Exclusion grounds: illiterate

Immediate relative (see also Nonquota immigrant):
accorded nonquota status previously, question
of; sec. 204(c), 1952 Act, as amended; see Visa:
petition for: sec. 204(c), 1952 Act, as amended
marriage in Korea to U.S. citizen whose prior
marriage terminated by Mexican "mail order"
divorce; 11-482

marriage to U.S. citizen; prior Hong Kong cere-
monial marriage terminated by Chinese mu-
tual consent divorce; 11-853

marriage to U.S. citizen not consummated; par-
ties have never lived together; 11-613
Immigrant (see also Nonquota immigrant):
classification, immigrant or nonimmigrant:
agricultural laborer; 6-491

annual crosser, bringing Christmas trees to
sell; 6-533

beneficiary apprvd. 1st pref, VP; ineligible
(H)(i) nonimmigrant status to fill same
position; 10-715

crime, alien coming to commit; 2-43; 3-407
daily crosser, to collect scrap to be sold in
Mexico, 4-217

daily crosser, to work in automobile plant;
6-255

farmers, coming to sell produce in U.S. mar-
kets; 6-827

frequent crosser, to purchase firewood to be

sold in Mexico; 10-544
intern; 8-460

order taker for Hong Kong clothing manufac-
turer; does not solicit; 11-824
salesman, to solicit orders; 8-206

seaman, inadmissible because previously de-
ported; 8-83

truck driver, coming to deliver meat; 6-711
truck driver, daily crosser, coming to deliver
fish to U.S. employer; 6-832
TRWOV; following arrival as, applied for
admission as political refugee, 11-501
visitor (see also Visitor):

bona fide, but inadmissible under 1917 Act;
2-12

doubtful (intent to take up residence); 3-379
effect of previously expressed desire to enter
as immigrant; 7-651

work of permanent nature, coming to perform;
2-240; 3-857; 8-460; 10-654, 715
commuter; see Commuter

head tax, nonpayment; effect on status; 2-250
Immoral purpose, entry for; see Exclusion grounds
Imprisonment; see Sentenced to confinement
Incest; see Crimes involving moral turpitude
Indecent assault; see Crimes involving moral
turpitude

Indecent exposure; see Crimes involving moral
turpitude

Indians, American, born in Canada; see American
Indians born in Canada
Industrial trainee:

actual training deviates from authorized pro-
gram; effect; 10-456

agriculture (orcharding), in; 10-647; 11-363
agriculture (vegetable growing), in; 11-424
possible ultimate employment in United States;
as factor; 11-764

prior experience in same field; effect; 10-644;
11-363

Industrial trainee-Continued

productive employment; question of; 11--63, 363
requisite training program, as factor; 10-647;

11-63, 363, 424

retail floristry, in; alien is a skilled ornamental
horticulturist; 11-157

travel agent, as; 10-644

Ineligibility to citizenship:

alien claiming exemption from military service:
Act of 1924, as amended, secs. 13(c) and 28(c);
2-545, 858, 899, 914; 3-249

alien enemy's "objection" to service; 6-342
called for service after his country became
cobelligerent but found physically unfit;
2-545; 3-249

later willingness to serve but found physically
unfit 4-130

medical student; 5-106

Mexican, filed DSS 301 after his country
became cobelligerent; sec. 315, 1952 Act;
6-766

Mexican national, upon advice of Mexican
consulate, filed DSS 301 without reading it
or being made aware of consequences; 9-720
nonliability because of age; 5-593
nonliability because of nonresidence; 6-176
Palestinian, filed DSS 301, June 16, 1943; 5-301
permanent resident, U.M.T.S.A. of 1951;
6-140

residing in U.S. illegally; 4-130

returning resident, admissibility as; 4-180
seaman in U.S., before expiration of 3-month
grace period; 4-348

subsequent service in armed forces; effect;
9-106

Swiss citizen, filed application after having it
explained to him and being made aware of
consequences; 7-561

Swiss national, filing application because of
misapprehension induced by Swiss legation;
4-500; 5-206, 625

visitor; 4-5

armed forces deserter in wartime, within sec.

101(a)(19); 6-698, 756

racial:

Afghans; 2-253

Arabs; 1-174; 2-253

Armenians; 2-258; 4-106, 278

Hindus; 2-253

Kalmuks; 4-275

Institutionalized at public expense (sec. 241(a)(3));
see Deportation grounds: public expense, institu-
tionalized at

Insular possession; entry into continental U.S.
from; 3-632; 7-201

Intent:

crime, common law; essential element; 2-203

crime; statutory requirement; 3-195

defraud U.S., to, moral turpitude; 1-395;
3-236

evade tax payment, to; Canada; 1-436

evade tax payment, to; U.S.; 1—437

extort, to; Canada; moral turpitude; 3-361
International Workers Order (see also Subver-
sive):

subversive character; 1-450; 3-411; 4-578
Investor, treaty; see Treaty investor
Involuntary return of excluded seaman as arrival
in U.S.; 7—1

Italy; nationality; 3-558, 671, 761

Jamaica, B.W.I.; adjacent island; preexamina-
tion; 8 CFR 142; 3-704

Japanese or Koreans who entered Hawaii with
laborers' limited passports; admissibility to
mainland; 3-565

Jay Treaty of 1794 affecting American Indians; see
American Indians born in Canada

Joy riding; see Crimes involving moral turpitude
Judgment of denaturalization void on its face
because of indication that summons never
served; 6-366

Jus sanguinis; 3—589
Jus soli; 2-183; 3-589
Juvenile delinquency:

Australia; 3-368; 4-548
California; 2-92, 120

Canada; 2-319, 518; 3-56, 368, 723; 5—639
deportation or exclusion ground, not; 3-725
England; 3-772

Michigan; 4-252

Northern Ireland; 3-772

Norway; 2-320

sec. 212(a) (9), 1952 Act, applicability; 5-327
Washington; 2—117

Juvenile Delinquency Act (18 U.S.C. 921-929 (1940
ed.)):

application of statute; 4-726

offenses committed before effective date, June 16,
1938; 1-614; 3-69

Parsees; 2-253

Siamese, mixed blood; 3-304

Tartars; 4-104

returning resident, admissibility as; 7-229
Information from Service records:

racial discrimination, to prove; 6-573

Injuring war material in wartime; see Crimes
involving moral turpitude

Insanity, prior attack; see Exclusion grounds
Inspection; aliens in transit without transshipment
from vessel; 6-362

Inspection; all persons on vessels arriving from
foreign; 1-370

Inspection; crew of vessel arriving for bunkers;
5-296

Inspection, within meaning of immigration laws;
question of; 11-712

K

Keeping house of ill fame or prostitution; see
Crimes involving moral turpitude

Koreans or Japanese who entered Hawaii with
laborers' limited passports; admissibility to main-
land; 3-565

Kwajalein, as foreign place within meaning of
immigration laws; 7-128

L

Labor, contract; see Exclusion grounds; contract
labor

Labor Progressive Party of Canada; see Sub-
versive

Landing alien without permission; see Fine; pre-
vent unauthorized landing, failure to
Larceny; see Crimes involving moral turpitude
Lawful admission to the United States for per-
manent residence:

admitted as member armed forces; failed meet
requirements Act of June 30, 1950, as amended;

8-21

admitted as naturalized citizen in 1952, followed
by revocation of naturalization based on actual
fraud; 5-759

"Barred Zone" native, admitted for study in
1920; subsequent continuous maintenance of
exempt status; 3-304

child, born abroad while citizen mother on visit;
accompanied mother on first return; no visa;
7-311

citizen at birth under R.S. 1993, admitted to
U.S. in 1948, parent's naturalization previously
cancelled for presumptive fraud, 1906 Act;
5-218, 517

excludable at time of entry, 1927, on criminal
ground although in possession of immigra-
tion visa; 2-178

foreign government official, servant of; admitted
1919; 3-638

presumption of, pursuant to 8 CFR 4.2(j) [now
101.1(i)); 8-371

presumption of, pursuant 8 CFR 101.1(i); 9-82,
85

presumption of, pursuant 8 CFR 101.1(j); 8-313,
421; 9-610

question of; entry as mbr. Armed Forces; honor-
ably discharged after less than 5 yrs. service;
10-17

sec. 13(b), 1924 Act; 2-252; 3-160

sec. 14, Act of 1924; child erroneously admitted
as returning resident in Feb. 1924; 3-815
Virgin Islands, entry to, prior to July 1, 1938;
1-414

Lawful permanent resident:

alien born in U.S. under displomatic status who
has never departed this country; 11-190
under 8 CFR 176.101 (n); 3-519
Legal separation, definition and application, sec.
314(c), 1940 Act; 3-742, 850
Legislative pardon; see Pardon

Legitimation (see also Child):

applicability of sec. 205, 1940 Act; 1-301; 3-226,
794; 4-440

Austria:

adoption distinguished from; 6-161
British Guiana; 9-246

California; sec. 230, Civil Code; 6-325; 10-288,
466; 11-183

California; sec. 230, Civil Code; by natural

father; effect on citizenship acquisition:
Revised Statutes, sec. 1993; 4-354

sec. 314(c), 1940 Act; 3-742

China; 6-305; 10-288

decree of State court (Tenn.) as to relationship,

collateral attack by Service upon; 3-657

France; 7-338

Hungary; 9-518

Indonesia; acknowledgment does not constitute;
10-744

Italy; acknowledgment or recognition, as;

7-438; 9-268

Legitimation-Continued

Italy; child begotten of one married and one
unmarried parent; 7-441

Italy; proxy marriage of parents, by; 5-698
loss of citizenship acquired through mother,
upon mother's subsequent marriage to alien
father; 3-485

Massachusetts; 9-244
Michigan; 9-268
New York; 10-92

Ohio; 7-373

Pennsylvania; child of foreign incestuous mar-
riage; 6-337

Philippine Islands; 11-885
Poland; 8-73; 11-287
Portugal; 7-448; 9-242
Rhode Island; 5-689

rights of legitimated child retroactive to date of
birth; 3-225
Spain; 9-597
Surinam; 9-223

Trinidad, B.W.I.; 10-92

Virgin Islands; adoption by natural father, as
constituting; 11-691
Yugoslavia; 11-365

"Lesiones" (assault and battery), Mexico; moral
turpitude; 2-54

Lewdness, offenses involving; see Crimes involving
moral turpitude

Likely to become a public charge; see Exclusion
grounds: public charge, likely to become

Literacy, unable to read; see Exclusion grounds:
illiterate

Lithuania, acquisition of nationality; 3-701
Lithuania, nationality treaty with U.S., 1938;
4-321

Loss of citizenship; see Citizenship-loss
Loss of rights of citizenship, distinguished from loss
of citizenship; 2-397

M

Mail, offenses connected with misuse; see Crimes
involving moral turpitude

Manifests; crew and passengers, fines in connec-
tion with; see Fine

Manslaughter; see Crimes involving moral turpi-
tude

Marihuana; see Deportation grounds: narcotics;
Exclusion grounds: narcotics: Narcotics

Marriage:

annulment (see also Annulment):

California: foreign marriage; 6-153

deportation basis; see Deportation grounds:
fraudulent marriage

exclusion basis: 7-565

Mexico; marriage performed in Texas; 7-182
New York, foreign marriage; 3-25, 102
Pennsylvania; foreign marriage; 2—354
"relation back" doctrine; 7-182
Texas; when ab initio; 3-528

Washington, D.C., not ab initio 4-345

between uncle and niece:

Calif., intended cohabitation in; 4-239

Illinois, intended cohabitation in; 3-465

Italy; dispensation by King; 2—619
Minnesota, intended cohabitation in; 3-466
Nevada; 11-200

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England; 5-185

Hungary; 10-555

New York; 1-608; 5-163; 8-562
Ohio; 11-914

Pennsylvania; 10-609

Texas; 4-405

contracted [in Belgium] prior to annulment of
preexisting marriage; validity of; 9-275
court decree, State (Mich.), affirming validity of
2d marriage despite purported undissolved
prior marriage; effect; 11-205
divorce; see Divorce

England; following Moslem divorce obtained in
absentia in Pakistan; 10-561

England; requirement of court decree to estab-
lish death of former spouse; 6-440
expatriative effect (marriage to alien), 1907 Act;
2-780

first cousins, of; contracted in Colorado; validity
in Illinois, State of residence; 10-722
Japan:

Japanese ceremony in U.S., subsequent regis-
tration when both parties in Japan followed
by cohabitation; 7-354

Japanese or Christian ceremony, registered in
accordance with Japanese law, citizen spouse
not in Japan at time of registration; 4-622
registration, necessity; 6-522
registration at time citizen husband was in
U.S. and wife in Japan, but preceded by
Japanese ceremony and cohabitation in
Japan; 6-278

registration at time citizen husband was in

U.S. and wife in Japan, not preceded by
Japanese or Christian ceremony; 4-650, 699
Korea, in; contracted between Korean and U.S.
citizen whose prior marriage dissolved by
Mexican "mail order" divorce: 11-482
Macao, Portuguese China, by Chinese custom;
validity; 7-587

Mexico, by proxy; following Mexican "mail

order" divorce; 10-370

Mexico; validity; 1-301; 3-485; 4-405
minors, of; Illinois; voidable, not void; 9-89
minors, of; Indiana; voidable, not void; 10-444
minors, of; Wisconsin; voidable, not void; 10-444
miscegenation, as ground of invalidity; 3-480;
7-108

Marriage-Continued

Missouri; contracted before divorce (Okla.)
became final; validity 1-627

New Hampshire, in; contracted before divorce
decree nisi (Mass.) became final; validity;
9-296

New York, in; contracted while spouse by a
prior undissolved marriage still living; 11-526
New York; presumption of death of spouse;
7-156

Philippine Islands, contracted in; during life of
wife by previous undissolved marriage;
validity of; 10-43

Philippine Islands, in; contracted between
citizen of P.I. and citizen of U.S. whose prior
marriage dissolved by Mexican "mail order"
divorce; 11-109

polygamous, valid where performed; recognition
for immigration purposes; effect of subsequent
divorce from first spouse; 9-640
presumption of validity:

California; 7-469

England; 6-440

New York; 1-606; 5-163; 9-513
proxy; validity; 4-209; 5-698

Puerto Rico; following Jordanian-Moslem
divorce obtained in absentia: 10-580
Puerto Rico, in; between U.S. citizen and citizen
of Jordan whose prior marriage dissolved by
proxy divorce obtained under Jordanian-
Moslem law; 11-179

religious, foreign; validity, generally; 3--485,
487; 7-492

religious ceremony, by; Colombia; without civil
registration; 10-767

religious ceremony, by; Italy; without civil
registration; 11-551

religious marriage ceremony, Mexico; 4-405
remarriage, after Mexican divorce; 3-33, 227;
4-610; 10-370; 11-482

Rhode Island, in; contracted (by libellee) within
2 years after Mass. divorce; validity; 9-667
separation of spouses; effect upon nonquota
status, 1952 Act; 5-305

termination, proof of; reliance on presumption
of validity of subsequent ceremonial marriage
to establish; 11-493

Married minor child of citizen veteran; admissi-
bility under Act of Dec. 28, 1945; 3-40
Medical certificate in exclusion proceedings; 3-47
Member (membership) proscribed organization,
exclusion or deportation grounds; see Subversive
Mexico:

agreement with U.S., in World War II, as to
service of their nationals in the armed forces of
either country; 2-244

bigamy; 1-525; 3-14, 136

divorce; see Divorce; Marriage
Michigan:

justice court, jurisdiction of; 9-460

Military prisoner, return to U.S. not deemed

entry; 3-536

Minister of religion, classification, 1924 Act, sec.
4(d); 1-147; 3-162

Minister or religious denomination, 1952 Act; see
Nonquota immigrant

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