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 expatriation; see Citizenship-loss juvenile delinquency; see Juvenile delinquency quota nationality when accompanying parent is Misrepresentation; see Exclusion grounds: fraud Month; construed by Supreme Court; 2-578 attempt to commit crime; rule for determining charges of prosecuting authorities to proceed to convicted of lesser crime (burglary, New York); criteria adopted by the courts; 1-55, 76, 190, definition, Solicitor of Department of Labor; disbarment proceedings, Calif., determination divisible statute; conviction record refers merely drunk, offense committed while; 2-737 foreign crime; 2-320, 519, 869; 3-56; 4-17; 5-87, indictment containing allegations not necessary indictment (one count) charging several acts; indictment; use, to determine; 6-795 juvenile delinquency; see Juvenile delinquency name of offense as factor; 2-22; 3-3 probation officer's report; use, to determine; record of conviction; use, to determine; 5-642 State's Attorney's remarks to court at time of Napanoch, New York, Institution for male defective Narcotics (see also Crimes involving moral turpi- addict: definition; 2-73, 474; 6-374 distinguished from user; 2-73, 474; 3-620, evidence; hospital records; 8-523 evidence, sufficiency of alien's admission which evidence, where alien sentenced to narcotics acquisition and loss of nationality; see also American Samoa, Swains Island; natives born birth abroad before Jan. 13, 1941; to noncitizen Guam, natives and inhabitants of; 3—589 Philippines, citizens of; termination of U.S. racial requirements for acquisition of noncitizen Native-born citizen: evidence, burden of proof, application for admis- loss of citizenship; see Citizenship-loss absence abroad; sec. 316(b), 1952 Act: foreign employment, only part time; 5-332 study abroad under Public Health Service absence abroad; sec. 317, 1952 Act: clergyman sent abroad by private corporation; cancellation of; see Citizenship-loss: defined; 3-676 doubt as to loss of citizenship, to remove; 2-274 Lodge Act (as amended), under; honorable dis- petition for; termination of deportation proceed- Naturalization-Continued Puerto Rico, native, born to alien parents; Act of June 25, 1936; woman who had lost sec. 323, 1940 Act, as amended by Act of Aug. 7, sec. 323, 1940 Act, not affected by provisions Naval personnel, foreign; inspection of; 2-293 annulment of foreign marriage; effect on persons admitted by virtue of marital status; 3-25, 102 Domestic Relations Law: sec. 7-a; divorce, deserted spouse; 7-156 Ninth Proviso, sec. 3, 1917 Act: criminal offense; railroad employee; border draft dodger; 2-423 inadmissible under Act of Oct. 16, 1918; 1-298 adjustment of status; see Adjustment of status alien of distinguished merit and ability [(H)(i)}; change of status, sec. 248, 1952 Act; see Status: classification; see Immigrant: classification, im- exchange visitor; see Exchange visitor application for; authority to adjudicate rests solely with DD; 11-335 authority to revoke; 9-239; 11-446 visitor for business; 11-285 failure to maintain status; see Deportation industrial trainee [(H) (iii)]; see Industrial trainee resident of Puerto Rico desiring to visit conti- student; see Student treaty investor; see Treaty investor treaty trader; see Treaty trader visitor; see Visitor work of permanent nature, coming to perform; Nonquota immigrant (see also Immediate relative; child, adopted; sec. 101 (b) (1), 1952 Act; 5-289; child born abroad to accompanying lawful resi- child born out of wedlock, classification as step- 455 child born out of wedlock in China, legitimate as child born out of wedlock in France; acknowl- child born out of wedlock in Italy; acknowl- child born out of wedlock in Jamaica; legitima- child born out of wedlock, mother subsequently child, Chinese, of citizen veteran, Act of Aug. 19, child of foreign incestuous marriage; destined to child, minor, accompanying mother, a native of child, minor, entered into marriage after issuance eligible orphan; see Child: eligible orphan marriage to U.S. citizen, contracted solely to marriage to U.S. citizen; effect of prior sham mar- marriage to U.S. citizen, parties separated; marriage to U.S. citizen; prior marriage ter- minated by Jordanian-Moslem divorce ob- marriage to U.S. citizen; prior marriage termi- marriage to U.S. citizen; prior marriage termi- Salesian Society of Catholic Church; 5-700 Vedic Society of America, Inc.; 10-758 failure to actively carry on vocation during need for services; question of; 10-712 minister of religious denomination-Continued of; 5-700; 10-712, 758 sec. 2, Act of Oct. 24, 1962: retention of status; question of; 10-701, 750 eligibility for preference quota status need not retention of parent-child relationship; age or beneficiary spouse not related to petitioner at retention of "relationship"; question of; 11-710 stepdaughter, adult, not within sec. 101(a) Nonsupport (see also Crimes involving moral New York; 2-553 Ohio; 2-134 Non vult contendere, plea (New Jersey); effect; Northern Ireland; juvenile delinquency; 3-772 citizenship treaty between U.S. and Norway; nationality; 3-98, 597, 668 Notice to detain crewman (see also Fine): appeal from notice or order to detain; 1-370 duty to detain, absolute character of; 1-370, 419 medical treatment, necessary, landing of crew- validity of notice where crewmen's names not Nunc pro tunc relief: permission to reapply for admission; 1-6; 6—73 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 Oath of allegiance, foreign (see also Citizenship- agreement to perform military duties distin- Church of England, oath taken by priest upon employment by foreign government, Canada, in fealty, oath of, distinguished from oath of alle- minor's: expatriative effect; confirmation upon reach private concern, employment by; 1-317, 673 Royal Canadian Mounted Police and affiliated war, while United States was at (World War I); Oaths: power of immigration officers to administer; seaman's certificate of American citizenship Obtaining money or property by false pretenses; P Pacifism, determination whether prejudicial to Pandering, distinguished from charge "assisting Pardon: act of grace and mercy: 2-590 character, whether absolute or conditional; conditional ("to avoid deportation"): New York; 6-355 Ohio; 5-630 Vermont; 3-551 deportability; no effect upon, where evidence deportability under sec. 241(a)(1), 1952 Act; deportability under sec' 241(a)(12); effect on, foreign; effect on deportability; 4-717; 5–129 Hawaii, by Governor of; 6-214 legislative; effect of repeal of Pennsylvania Pardon-Continued legislative (Pennsylvania); not effective to 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 U.S. High Commissioner for Germany, by; Parent. question of; sec. 161(b)(2); 8-140, 355; 10-363 Parole: administrative device of long standing; extra- conviction of alien during; effect on admissi- entry, distinguished from: 2-175, 3-543 legislation enacted during parole of alien; effect naturalization, former citizen (sec. 323, 1940 revocation of; right to bearing; 1952 Act; 8-406 Passage paid by a society, alien's; see Exclusion Passenger manifest; fines in connection with; see Passport Act of May 22, 1918: application to immigrants under 1924 Act; effective period: 6-540 Passport, issuance by Governor of Samoa or Guam, Passport, obtained by fraud in Rumania; moral Passport, U.S., erroneously issued, does not Pauper; see Exclusion grounds: pauper Perjury (see also Crimes involving moral turpi- admission of commission (see also Crime, ad- assorted cases; 1-14, 101, 205; 2-206, 285, 353, correction of misstatement (recantation); dismissal of criminal proceedings, effect; belief or knowledge of falsity of statement, as board of special inquiry, before; 1-614 Civil Service Commission, before; 2-210 Perjury-Continued consul of U.S., before; 1-614; 2-596 correction of misstatement, timeliness; 1-359: discretionary relief, bar to; 1–79; 2—492, 593, 700, 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 materiality: Canada, Cr. Code, sec. 170; not essential; criminal record; 3-641 employment, fact of; extension of stay; 4-696 notarial officer appointed by State, before; 1-666 Permission to reapply for admission (see also Ex- alien removee absent U.S. 27 years; 11-740 factors considered in passing upon application ineligible for waiver of excludability under sec mandatorily excudable sec. 212(a) (23) because of past immigration record, as factor; 8-476, 566: possible future need for medical treatment; as Permit to reenter the United States; see Reentry Petty larceny or petty theft; see Crimes involving Petty offenses; see Exclusion grounds: crime, ad- birth there in 1896 of Spanish parents, natives of deportation to; wife of native; 3-404 outlying possession of U.S., sec. 201(e), Nat. Act Philippine Islands-Continued persons from, in U.S.; status under immigration entry occurred on May 1, 1934; 7-242 last entry into U.S. before May 1, 1934; 3-155, last entry into U.S. after May 1, 1934; 2-340; termination of U.S. nationality on July 4, 1946: 6-182 Physical persecution; sec. 243(h), 1952 Act; see Place of deportation area controlled by U.S.S. R. as result of World deportation proceedings; authority of admin- designation under step 3 of sec. 243(a); accepting designation under step 3 of sec. 243(a); discretion- designation under step 3 of sec. 243(a); necessity evidence to establish where alien stands mute: exclusion and deportation proceedings; secs. 18 sec 243(a); alien alleged subject, national, or Plea of guilty; see Crime, admission of commission Plebiscite, voting in foreign; see Citizenship-loss: Polish nationality; 2-598 Political election, voting in foreign; see Citizenship- exception to criminal ground of exclusion; 2d Jewish person in Germany in 1935; attempted Polygamy (see also Crimes involving mora! distinguished from bigamy; 6-9 Possession of stolen property; see Crimes involving Possessions of United States; noncitizen national; Possession of U.S., outlying; see "outlying posses- Preexamination (see also Discretionary relief; Voluntary departure): adjacent island, defined; 8 CFR 142; 3-704 marriage to U.S. citizen, divorced prior to Dec. marriage to U.S. citizen after commencement of perjury in naturalization proceeding, as factor presumption of validity of 2d marriage insuf- quota exhaustion as ground for denial; 2-698 tion with; 1-36; 3-784 Prejudicial to U.S. interests; exclusion; see Sub- Presumption of continuance of original citizenship; 2-382 Presumption of loss of citizenship (sec. 2, 1907 Act): loss of citizenship thru foreign residence; see Prevention of Crime Act (England); 3-776 permanent resident; "needed" in U.S. court Previous deportation; see Exclusion grounds: Prison break; see Crimes involving moral turpitude introduction of; effect on nonimmigrant status; status acquired thereby preserved under sec. Procurement of documentation; sec. 212(a) (19), "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 Commissioner General of Immigration, reports; compulsory, New York; Penal Law, sec. 2460; deportation or exclusion on grounds relating to; Public charge bond; see Bond, public charge |