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abandonment (see also Crimes involving moral

turpitude):

California; 1-459

Canada; 1-459

Missouri; 1-459

capacity to commit crime; 1-613

competency to expatriate; 1-330; 2-397; 3-470
dual nationals, election to retain U.S. national-
ity; see Dual national

expatriation; see Citizenship-loss

juvenile delinquency; see Juvenile delinquency
marriage after issuance of visa; effect on non-
quota status, sec. 4(a), 1924 Act; 3-613
married child; eligibility for admission as child
of citizen veteran, Act of Dec. 28, 1945; 3-40
oath of foreign allegiance; confirmation upon
reaching majority; 2-789; 4-22

quota nationality when accompanying parent is
excluded; 3-613

Misrepresentation; see Exclusion grounds: fraud
or misrepresentation; see also Deportation
grounds: visa charge: fraud or misrepresentation
Missionary; eligibility for benefits of sec. 308, Nat.
Act of 1940; 3-649

Month; construed by Supreme Court; 2-578
Moral turpitude (see also Crimes involving moral
turpitude):

attempt to commit crime; rule for determining
turpitude; 2-141; 3-56

charges of prosecuting authorities to proceed to
conviction, as factor; 7-342

convicted of lesser crime (burglary, New York);
4-241

criteria adopted by the courts; 1-55, 76, 190,
447, 511; 2—121, 140, 145, 164, 227, 236, 334, 357,
361, 479, 544, 556, 611, 634, 726, 744; 3-274;
7-616

definition, Solicitor of Department of Labor;
2-141

disbarment proceedings, Calif., determination
in; 2-739

divisible statute; conviction record refers merely
to section of law; 10-136

drunk, offense committed while; 2-737

foreign crime; 2-320, 519, 869; 3-56; 4-17; 5-87,
129

indictment containing allegations not necessary
for conviction; 6-98

indictment (one count) charging several acts;
6-444

indictment; use, to determine; 6-795

juvenile delinquency; see Juvenile delinquency
juvenile offense committed in foreign jurisdic-
tion; U.S. standards; 2-319

name of offense as factor; 2-22; 3-3
obliquity of offense as distingushed from
obliquity of individual; 2-145

probation officer's report; use, to determine;
1-137

record of conviction; use, to determine; 5-642
separable statutes; 2-217, 357; 4-490; 5-65;
6-444; 10-136

State's Attorney's remarks to court at time of
sentencing; use, to determine; 10-136
Multiple charges; see Deportation grounds:
multiple charges

Napanoch, New York, Institution for male defective
delinquents; commitment to, not deemed
sentence to imprisonment; 3—48

Narcotics (see also Crimes involving moral turpi-
tude; Deportation grounds: narcotics; Exclu-
sion grounds: narcotics):

addict:

definition; 2-73, 474; 6-374

distinguished from user; 2-73, 474; 3-620,
8-108

evidence; hospital records; 8-523

evidence, sufficiency of alien's admission which
was later repudiated; 8-108

evidence, where alien sentenced to narcotics
farm or hospital for treatment; 2-473
legislative history of Act of Feb. 18, 1931; 1–160
National, noncitizen, of United States:

acquisition and loss of nationality; see also
Citizenship

American Samoa, Swains Island; natives born
prior to 1952; 3-589, 729; 5-144

birth abroad before Jan. 13, 1941; to noncitizen
national parents; 5-380

Guam, natives and inhabitants of; 3—589
marriage of American woman to racially in-
eligible alien in 1929, effect upon her nation-
ality status; 2-778

Philippines, citizens of; termination of U.S.
nationality on July 4, 1946; 6-182
Philippines, natives of, residing in U.S. since
before May 1, 1934; deportability; 3-155, 184,
396

racial requirements for acquisition of noncitizen
nationality; 3-729

Native-born citizen:

evidence, burden of proof, application for admis-
sion to the United States; 3-680

loss of citizenship; see Citizenship-loss
wife of, afflicted with disease; exemption under
sec. 22, 1917 Act; 2-183
Naturalization (see also Citizenship-derivation
(after birth) by child born abrorad):
absence abroad, sec. 307(b), 1940 Act; timeliness
of application; "employed" construed; 4—196
absence abroad; sec. 308, 1940 Act; missionary,
clergyman, nun; 3-649

absence abroad; sec. 316(b), 1952 Act:

foreign employment, only part time; 5-332
one-day visit to Canada; 7-710

study abroad under Public Health Service
fellowship; 8-520

absence abroad; sec. 317, 1952 Act:

clergyman sent abroad by private corporation;
8-533

cancellation of; see Citizenship-loss:
revocation of naturalization

defined; 3-676

doubt as to loss of citizenship, to remove; 2-274
draft dodgers, ineligibility; 2-390 see also In-
eligibility to citizenship: alien claiming exemp-
tion from military service

Lodge Act (as amended), under; honorable dis-
charge after less than 5 yrs. service in Armed
Forces; effect; 10-17

petition for; termination of deportation proceed-
ings to permit filing of; 6—713; 9—106; 11—193,
436

Naturalization-Continued

Puerto Rico, native, born to alien parents;
eligibility under sec. 322, 1940 Act; 4—29
repatriation:

Act of June 25, 1936; woman who had lost
citizenship through marriage; 1-127, 283;
4-723

sec. 323, 1940 Act, as amended by Act of Aug. 7,
1946; repatriation not deemed "naturaliza-
tion"; 4-248

sec. 323, 1940 Act, not affected by provisions
of sec. 323 (as amended by sec. 27 of Int. Sec.
Act of 1950); 5—23

Naval personnel, foreign; inspection of; 2-293
New York:

annulment of foreign marriage; effect on persons

admitted by virtue of marital status; 3-25, 102
conflict of laws, New York and Nevada; divorce;
custody of child; 3-228, 848

Domestic Relations Law:

sec. 7-a; divorce, deserted spouse; 7-156
sec. 81, guardianship of children; 3-710
Mental Hygiene Law; 2-540

Ninth Proviso, sec. 3, 1917 Act:

criminal offense; railroad employee; border
crosser; 2-239

draft dodger; 2-423

inadmissible under Act of Oct. 16, 1918; 1-298
past member British Communist Party; 2-466
Nolo contendere, plea; 1-619; 5-198, 759
Noncitizen national of United States; see National
noncitizen of United States
Nonimmigrant:

adjustment of status; see Adjustment of status
alien coming to perform temporary services
[(H) (ii)]; see Alien coming to perform tempo-
rary services

alien of distinguished merit and ability [(H)(i)};
see Alien of distinguished merit and ability
bond; DD authority to require as condition
precedent to grant status sec. 101(a) (15) (H);
10-710

change of status, sec. 248, 1952 Act; see Status:
nonimmigrant, change of

classification; see Immigrant: classification, im-
migrant or nonimmigrant

exchange visitor; see Exchange visitor
extension of stay:

application for; authority to adjudicate rests

solely with DD; 11-335

authority to revoke; 9-239; 11-446
exchange visitor; 11-333

visitor for business; 11-285

failure to maintain status; see Deportation
grounds: status, failure to maintain

industrial trainee [(H) (iii)]; see Industrial trainee
private bill, introduction of; effect on status;
6-651

resident of Puerto Rico desiring to visit conti-
nental United States; 5-441

student; see Student

treaty investor; see Treaty investor

treaty trader; see Treaty trader

visitor; see Visitor

work of permanent nature, coming to perform;
see Immigrant: classification, immigrant or
nonimmigrant

Nonquota immigrant (see also Immediate relative;
Returning lawful permanent resident alien):
accorded nonquota status previously, question
of; sec. 204(c), 1952 Act, as amended (formerly
sec. 205(c)]; see Visa: petition for: sec. 204(c),
1952 Act

child, adopted; sec. 101 (b) (1), 1952 Act; 5-289;
8-118, 151, 242

child born abroad to accompanying lawful resi-
dent mother; 3-215, 262

child born out of wedlock, classification as step-
child, 1952 Act; 5-120, 731; 7-623, 685; 11-449,

455

child born out of wedlock in China, legitimate as
to mother; 6-305

child born out of wedlock in France; acknowl-
edged by citizen husband of mother but not
natural father; 7-338

child born out of wedlock in Italy; acknowl-
edged by mother; 7-438

child born out of wedlock in Jamaica; legitima-
tion by natural father in Ohio; 7-373

child born out of wedlock, mother subsequently
naturalized; 5-272

child, Chinese, of citizen veteran, Act of Aug. 19,
1950; 4-388

child of foreign incestuous marriage; destined to
Pennsylvania; 6--337

child, minor, accompanying mother, a native of
Western Hemisphere country, sec. 4(a), 1924
Act; 2-290

child, minor, entered into marriage after issuance
of visa under sec. 4(a), 1924 Act; 3-528
classification as; right to petition for lies solely
in citizen spouse; 11-446

eligible orphan; see Child: eligible orphan
former citizen, sec. 101(a) (27) (E); arrival after
Dec. 24, 1953; 6-172

marriage to U.S. citizen, contracted solely to
obtain quota exemption; 8-217

marriage to U.S. citizen; effect of prior sham mar-
riage to obtain nonquota status; 9-544
marriage to U.S. citizen; no bona fide marital rela-
tionship; nonquota VP filed under compulsion
of court order; 11-315

marriage to U.S. citizen, parties separated;
5-305; 11-446

marriage to U.S. citizen; prior marriage ter-

minated by Jordanian-Moslem divorce ob-
tained in absentia; 10-580

marriage to U.S. citizen; prior marriage termi-
nated by Mexican "mail order" divorce;
8-16

marriage to U.S. citizen; prior marriage termi-
nated by Turkish canonical divorce; 9-430
marriage to U.S. citizen in England; prior mar-
riage terminated by Moslem divorce obtained
in absentia in Pakistan; 10-561
minister of religious denomination:
bona fide organization:

Salesian Society of Catholic Church; 5-700
Salvation Army; 5-173

Vedic Society of America, Inc.; 10-758

failure to actively carry on vocation during
required 2-year period; question of; 1-147;
3-162; 10-712

need for services; question of; 10-712

minister of religious denomination-Continued
seeking to enter "solely" to carry on vocation

of; 5-700; 10-712, 758

sec. 2, Act of Oct. 24, 1962:

retention of status; question of; 10-701, 750
sec. 4, Act of Sept. 22, 1959:

eligibility for preference quota status need not
be continuous and uninterrupted; 9-471
fourth pref. applicant adopted after 14th birth-
day ineligible; 9-67

retention of parent-child relationship; age or
marital status of child, as factor; 9-92, 471
"status", as used in proviso, construed; 9-471
sec. 6. Act of Sept. 22, 1959:

beneficiary spouse not related to petitioner at
time of entry to U.S.; 8-626
eligibility for preference quota status need not
be continuous and uninterrupted; 9-472
retention of parent-child relationship; age or
marital status of child, as factor; 9-92, 471
status, as used in proviso, construed; 9-471
sec, 25(a), Act of Sept. 26, 1961:

retention of "relationship"; question of; 11-710
stepchild; adopted by alien parent prior to mar-
riage to U.S. citizen; 8-242

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stepdaughter, adult, not within sec. 101(a)
(27) (A), 1952 Act; 5—512

Nonsupport (see also Crimes involving moral
turpitude):

New York; 2-553

Ohio; 2-134

Non vult contendere, plea (New Jersey); effect;
3-793

Northern Ireland; juvenile delinquency; 3-772
Norway:

citizenship treaty between U.S. and Norway;
3-98

nationality; 3-98, 597, 668

Notice to detain crewman (see also Fine):

appeal from notice or order to detain; 1-370
delegation of powers by Service officer in charge
to immigrant inspector; 1-365, 470

duty to detain, absolute character of; 1-370, 419
form of notice; 1-370

medical treatment, necessary, landing of crew-
man for; 1-555

validity of notice where crewmen's names not
specified; 1-365

Nunc pro tunc relief:

permission to reapply for admission; 1-6; 6—73
sec. 3, seventh proviso, 1917 Act; 1-6; 3-571
sec. 5, Act of Sept. 11, 1957; 7—713; 8-608

sec. 7, Act of Sept. 11, 1957; 8-608

sec. 211(c) and (d), 1952 Act; 8-131

sec. 211(e), 1952 Act; 11-249

sec. 212(c), 1952 Act; 5—598; 6-392, 405

sec. 212(d) (3), 1952 Act; 8-285, 302
sec. 212(d) (4) (A), 1952 Act; 8-485
sec. 245, 1952 Act; 10-187

Oath of allegiance, foreign (see also Citizenship-
loss: oath of allegiance to foreign state, by):
actual taking distinguished from mere written
subscription; 1-548

agreement to perform military duties distin-
guished from oath of allegiance; 2-305

Church of England, oath taken by priest upon
ordination; 1-598

employment by foreign government, Canada, in
connection with; 2-232

fealty, oath of, distinguished from oath of alle-
giance; 1-598

minor's:

expatriative effect; confirmation upon reach
ing majority; 2-263, 789, 908; 4-22
State Department policy; 2-792

private concern, employment by; 1-317, 673
reservations to retain United States citizenship;
1-598

Royal Canadian Mounted Police and affiliated
law enforcement agencies; 1—674
voluntariness, foreign military service (Lithu-
ania); 3-701

war, while United States was at (World War I);
2-268, 792

Oaths:

power of immigration officers to administer;
4-415; 5-29

seaman's certificate of American citizenship
(Revised Statutes, sec. 4588) requirement of
oath under Treasury Department regulations;
1-581

Obtaining money or property by false pretenses;
see Crimes involving moral turpitude
Organizations, subversive; exclusion and deporta-
tion grounds related to; see Subversive
Orphan, eligible; see Child: eligible orphan
Other documentation; sec. 212(a) (19), 1952 Act;
see Documentation, other; sec. 212(a)(19)
"outlying possession"; construed; 9-558
outlying possessions of the United States; Philip-
pines; 4-575; 9-558

P

Pacifism, determination whether prejudicial to
interest of United States; 5-248

Pandering, distinguished from charge "assisting
a prostitute"; 3-290

Pardon:

act of grace and mercy: 2-590

character, whether absolute or conditional;
3-551,810

conditional ("to avoid deportation"):

New York; 6-355

Ohio; 5-630

Vermont; 3-551

deportability; no effect upon, where evidence
exclusive of convition record sustains ground;
3-469

deportability under sec. 241(a)(1), 1952 Act;
6-90

deportability under sec' 241(a)(12); effect on,
where evidence exclusive of conviction record
insufficient to sustain charge; 7-370
expungement of conviction record. California;
4-265; 5-194; 8-429; 9-159; 10-526

foreign; effect on deportability; 4-717; 5–129
foreign: effect in exclusion proceedings; 3-723;
7-166

Hawaii, by Governor of; 6-214

legislative; effect of repeal of Pennsylvania
pardon statute; 2-588, 872; 3—575

Pardon-Continued

legislative (Pennsylvania); not effective to
prevent deportation under 1952 Act; 5-612;
6-444

mayor of first-class city (Neb.), by: 8-59

offenses covered by; ambiguity present (R.I.);

3-808

restoration of civil rights:

Illinois; 3-211

Nebraska; 3-209

Washington; 5-10

Wisconsin; 4-73; 8-677

State board (supreme pardoning authority of
state), by; 7-476

U.S. High Commissioner for Germany, by;
9-336

Parent. question of; sec. 161(b)(2); 8-140, 355;

10-363

Parole:

administrative device of long standing; extra-
ordinary remedy; 3-45

conviction of alien during; effect on admissi-
bility; 9-143

entry, distinguished from: 2-175, 3-543

legislation enacted during parole of alien; effect
on admissibility; 9-170

naturalization, former citizen (sec. 323, 1940
Act); 1-562

revocation of; right to bearing; 1952 Act; 8-406
termination of, sec. 212(d) (5); does not change
status as applicant for admission: 9-70

Passage paid by a society, alien's; see Exclusion
grounds: assisted alien

Passenger manifest; fines in connection with; see
Fine

Passport Act of May 22, 1918:

application to immigrants under 1924 Act;
1-368

effective period: 6-540

Passport, issuance by Governor of Samoa or Guam,
not an adjudication of U.S. nationality; 3—589
Passport, laborer's limited; Japanese or Koreans
who entered Hawaii with; right to come to
mainland; 3-565

Passport, obtained by fraud in Rumania; moral
turpitude; 1-73

Passport, U.S., erroneously issued, does not
confer citizenship despite lack of fraud; 10-770
Paternity; blood tests as evidence of; 5-149, 232,
351

Pauper; see Exclusion grounds: pauper
Pennsylvania, legislative pardon; see Pardon:
legislative

Perjury (see also Crimes involving moral turpi-
tude; False testimony):

admission of commission (see also Crime, ad-
mission of commission):

assorted cases; 1-14, 101, 205; 2-206, 285, 353,
486, 831; 3-236

correction of misstatement (recantation);
3-823

dismissal of criminal proceedings, effect;
3-623

belief or knowledge of falsity of statement, as
factor; 9-218

board of special inquiry, before; 1-614

Civil Service Commission, before; 2-210
common law; 1-670; 2-210, 359

Perjury-Continued

consul of U.S., before; 1-614; 2-596

correction of misstatement, timeliness; 1-359:
2-494; 3-823

discretionary relief, bar to; 1–79; 2—492, 593, 700,
712, 905

draft board, before; 2-210

false swearing, distinguished from; 1-123

general, in: 1-14, 101, 123, 204, 217, 359, 422, 450,

584; 2—206, 285, 360, 498; 3-664

homestead application, in: 1-583; 2-210

juvenile, by: Federal Juvenile Delinquency Act
of June 18, 1938; 1-614; 3-69

materiality:

Canada, Cr. Code, sec. 170; not essential;
1-327; 2-819

criminal record; 3-641

employment, fact of; extension of stay; 4-696
marital status of accompanying woman; 1-70
marital status; 1-217; 2-206
Michigan law, under; 1-669
name and identity; 2-638: 3-823
past practice of prostitution; 1-376
prior residence in U.S.; 1-613; 2--206
whereabouts of husband: 1—121
naturalization proceedings, in; 1-79; 2-593, 700,
712, 905

notarial officer appointed by State, before; 1-666
reentry permit application; 1-613, 666
Permission to change schools: see Student: per-
mission to change schools

Permission to reapply for admission (see also Ex-
clusion grounds: permission to reapply, no):
agricultural laborer (8 CFR 214k.7); effect on
future entries; 10-231, 613

alien removee absent U.S. 27 years; 11-740
criminal record, as factor: 10-694
discretionary denial; 11-740

factors considered in passing upon application
for: 5-769

ineligible for waiver of excludability under sec
212(a) (9); as factor; 10-694

mandatorily excudable sec. 212(a) (23) because of
narcotic conviction; as factor; 10-776
nunc pro tune graat; 6-73

past immigration record, as factor; 8-476, 566:
10-622, 666

possible future need for medical treatment; as
factor; 10-666

Permit to reenter the United States; see Reentry
permit

Petty larceny or petty theft; see Crimes involving
moral turpitude

Petty offenses; see Exclusion grounds: crime, ad-
mission or conviction: petty offenses
Philippine Independence Act of 1934:
effective date; 6-429; 7-242
legislative history; 2-341; 3-402
Philippine Islands:

birth there in 1896 of Spanish parents, natives of
Puerto Rico; citizenship status; 3-286
citizenship laws; 3-404

deportation to; wife of native; 3-404
divorce, foreign, dissolving marriage contracted
in Philippines by former national; recognition
of; 8-177

outlying possession of U.S., sec. 201(e), Nat. Act
of 1940; 4--575

Philippine Islands-Continued

persons from, in U.S.; status under immigration
laws:

entry occurred on May 1, 1934; 7-242

last entry into U.S. before May 1, 1934; 3-155,
184, 396; 4-569

last entry into U.S. after May 1, 1934; 2-340;
5-668; 11-321

termination of U.S. nationality on July 4,

1946: 6-182

Physical persecution; sec. 243(h), 1952 Act; see
Withholding of deportation

Place of deportation

area controlled by U.S.S. R. as result of World
War II (including Poland); no showing that
U.S. has recognized division of Poland; 3-575
country of citizenship (Philippines) thru mar-
riage; 3-404

deportation proceedings; authority of admin-
istrative officer and local field officer, res-
pectively; sec. 20, 1917 Act, as amended by
sec. 23, Int. Sec. Act of 1950; 4-472
deportation proceedings; authority of hearing
officer and Board of Immigration Appeals;
5-29, 261, 589

designation under step 3 of sec. 243(a); accepting
country, possible subsequent action by, as
factor; 10-428

designation under step 3 of sec. 243(a); discretion-
ary nature of; 10-428, 469

designation under step 3 of sec. 243(a); necessity
of preliminary inquiry as to willingness to
accept alien; 10-57

evidence to establish where alien stands mute:
admissibility of information from seaman
discharge book; 11-489

exclusion and deportation proceedings; secs. 18
and 20, 1917 Act, distinguished; 4-396
Federal Republic of Germany (West Germany),

sec 243(a); alien alleged subject, national, or
citizen of East Germany; 10-57
Formosa, as country of nationality, sec. 243(a);
birth on mainland of China; 9-575
physical persecution, claim of; jurisdiction of
Board of Immigration Appeals; 5-212, 214
place of embarkation in connection with last
entry, sec. 20, 1917 Act; 3-270

Plea of guilty; see Crime, admission of commission
Plea of nolo contendere; see Crime, admission of
commission

Plebiscite, voting in foreign; see Citizenship-loss:
voting in foreign election or plebiscite
Poland, deportation to; 3—575

Polish nationality; 2-598

Political election, voting in foreign; see Citizenship-
loss: voting in foreign election or plebiscite
Political offense:

exception to criminal ground of exclusion; 2d
proviso, sec. 3, 1917 Act; 4-108

Jewish person in Germany in 1935; attempted
fraud; 1-47

Polygamy (see also Crimes involving mora!
turpitude):

distinguished from bigamy; 6-9

Possession of stolen property; see Crimes involving
moral turpitude

Possessions of United States; noncitizen national;
3 589, 729

Possession of U.S., outlying; see "outlying posses-
sion"

Preexamination (see also Discretionary relief;

Voluntary departure):

adjacent island, defined; 8 CFR 142; 3-704
exceptionally meritorious; 2-709; 3-704
Fascist Party, Italy, former member; 2-587
good moral character requirement; 7-726
ineligible to citizenship (alien's claim of exemp-
tion from military service); 2-549; 3-249
internee, alien enemy; 2-587

marriage to U.S. citizen, divorced prior to Dec.
24, 1952; 5-542

marriage to U.S. citizen after commencement of
deportation proceedings; policy; 5-736
marriage to U.S. citizen subsequent to deporta-
tion order; policy; 4-589

perjury in naturalization proceeding, as factor
1-79

presumption of validity of 2d marriage insuf-
ficient to establish eligibility when evidence
of termination of prior marriage unsatisfactory;
7-582

quota exhaustion as ground for denial; 2-698
seventh proviso relief (sec. 3, 1917 Act) in connec-

tion with; 1-36; 3-784

Prejudicial to U.S. interests; exclusion; see Sub-
versive

Presumption of continuance of original citizenship;

2-382

Presumption of loss of citizenship (sec. 2, 1907 Act):
generally; 1-398, 429, 464, 563, 587

loss of citizenship thru foreign residence; see
Citizenship-loss: residence abroad by natural-
ized citizen, through

Prevention of Crime Act (England); 3-776
Prevention of departure:

permanent resident; "needed" in U.S. court
proceeding; question of; 11-599

Previous deportation; see Exclusion grounds:
consent to reapply, no

Prison break; see Crimes involving moral turpitude
Private bill:

introduction of; effect on nonimmigrant status;
6-651

status acquired thereby preserved under sec.
405(a), 1952 Act; 6-287

Procurement of documentation; sec. 212(a) (19),
1952 Act; 7-73

"Profession"; defined; 11-686

Professional chorus dancer; contract labor; 1-594

Professional singer; contract labor; 1-682

Professor, sec. 4(d), 1924 Act; 1-149; 3-162
Proof; see Burden of proof; Evidence
Prostitution:

Commissioner General of Immigration, reports;
2-666

compulsory, New York; Penal Law, sec. 2460;
1-217, 505

deportation or exclusion on grounds relating to;
see Deportation grounds; Exclusion grounds
Psychopathic inferiority; schizophrenic; 2—129
Public charge; see Deportation grounds: public
charge, became; Exclusion grounds: public
charge, likely to become

Public charge bond; see Bond, public charge
Public expense, institutionalized at (sec. 241(a)(3),
1952 Act); see Deportation grounds: public
expense, institutionalized at

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