Imagini ale paginilor
PDF
ePub

powers delegated by Attorney General---Con.
authority in dep. proc. to adjudicate visa

petition to accord pref, status under sec.

203(a)(1); 10–53
authority in dep. proc. to consider application

for sec. 212(c) waiver in conjuction with sec.

245 application; 11-325
authority in dep. proc. to determine alien's

eligibility at time of admission for exemption

under sec. 212(a)(28)(I); 8--554
authority in dep. proc. to determine alien's

eligibility for 6th prel. status in conjunction

sec. 245 application; 11-592
authority in dep. proc. to grant nunc pro tunc

waiver of passport requirement; 11—249
authority in exc. proc. to grant sec. 212(8) and

(h) waivers; 11-175
determination of questions of law pursuant to

sec. 103(a), effect; 6—388
question of fact; determination of credibility

of witnesses, by; 7–417
State Department; power to waive immigrant visa

requirement for returning resident; 3—582
Status (see also Adjust ment of status):
change to status of employee of official of desig-

nated international organization, notwith-
standing prior unlawful presence; sec, 3(7),

1924 Act; 2-773
failure to maintain; see Deportation grounds:

status, failure to maintain
nonimmigrant, change of, sec. 248, 1952 Act:

agricultural laborer, eligibility; 8-419
alien not presently in status; effect; 11—601
alien of distinguished merit and ability, to

employee of treaty investor; 10_425, 717
alien of distinguished merit and ability; to

visitor for pleasure; 11-601
application for; jurisdiction of BIA and SIO;

10--291
application for change of status to student

accompanied by DSP-66; effect; 11-603
exchange visitor, eligibility; 8-482; 10—787
exchange visitor, to status of; applicant citizen

of country not signatory to Exchange Visitor

Program; effect; 11-603
student, to industrial trainee; 10—668
treaty investor, to status of; national of Italy

ineligible; 11--393
treaty trader, to status of; 7-426; 11-290, 815
visitor, to student; inadequate evidence of

maintenance; 10—785; 11-678
visitor (former exchange alien nurse), to

student; 10–620
visitor (who accepted employment), to stu-

dent: 10-646
visitor (49-year-old dependent mother of 4

children), to student; 10—706
visitor for business, to status of (painter-to

paint, exhibit & sell his works); 11-430
nonquota; see Nonquota immigrant

permanent residence; see Residence
Statutory construction:

expatriation laws strictly construed; 2–309, 433
strict literal interpretation avoided in certain

cases; 1-420
Stealing; see Crimes involving moral turpitude

Stepparent, question of; marriage creating relation-

ship occurred when stepdaughter 28 years old;

10-555
Stepparent, question of; marriage creating relation-

ship terminated; 10—363
Stepparent, question of; relationship created

through marriage to natural parent of illegiti-

mate child; 11--449, 537, 628
Stipulations of fact; see Evidence: stipulations of

fact
Stowaway (see a lso Fine: sto wa way):
removal jurisdiction where stowaway ordered

detained on board escaped vessel and remained

in U.S.; 9—356
Student:
approval of school for attendance by; see Ap-

proval of school
permission to accept employment:
change in economic situation as controlling

factor; 7–661
practical training, for; graduate chemical engi.

neer; 7-882
permission to change schools:
bona fide student and an approved institu-

tion; 11-409
not bona fide student; 11-125

to pursue unrelated course of study; 11—138
status of; effect of induction into armed forces;

4-630
status of, violation; see Deportation grounds:

status, failure to maintain
Subpoena; hearing officer's authority to compel

production of Service records; 5-60
Subversive:
advocacy of doctrines of world Communism;

5--509
affiliation with Communist Party:
affiliation, what constitutes; question of;

5-112; 6—496
Finnish Workers Federation; 9-14
IWO; 6—20, 597

Young Communist League of U.S.; 4-596
anarchist; evidence; 6—726
armed forces, foreign, service in, as exclusion

ground; 4336, 363
Canadian Tribune (Communist publication);

4-450; 5-500
Communist Party:

Canada; 4-745; 5-49
Cuba (Partido Socialista Popular); 5-242
England; 6—72. 505; 7--186
Gerinany; 3—784; 5—202
U.S.A.; 3—411, 736; 4475; 5–95, 112, 175, 484;

6--265, 713
Communist Political Association of U.S.A.;

5-26
constitutionality of statutes; 3–411, 736
destruction of free enterprise, adherent of prin-

ciples directed toward:
physician in Russian dispensary; 4-370

school teacher in Russia; 4-368
entry, date of, as factor; 4-596, 745; 5-49, 202;

7-186
Ethnikon Apeleftherotikon Matopom (National

Liberation Front), Greece; 6-67
Finnish Workers Federation; 9-14

Subvergive--Continged,
, force and violence:

advocacy of, personal; materiality; 9—376
proof of:
Communist Party, Great Britain; entry in

1947; sec. 241(a) (1), 1952 Act; 7—186
Communist Party, U.S.A., 1925-1939;

3-411
Communist Party, U.S.A.; administrative

notice in lieu of proof; 6—219; 7-186
Communist Party, U.S.A., 1933-1935; entry

in 1945; sec. 241(a)(1), 1952 Act; 6-219
no longer required (Int. Sec. Act of 1950);

4–167, 475, 745; 5—49. 95; 6—219
political activity by party in State forbid.

ding such activity by organization advocat.

ing overthrow of Govt.; as defense; 9-252

Socialist Workers Party; 9—252
International Workers Order; 1--450; 34411;

4-578; 6—20, 597
killing, assaulting, officers of organized govern-

ment; motive as factor in determining whether

offence was “political"; 4-108
Labor Progressive Party of Canada; 3—777;

5-451, 500
literature, proscribed, distribution of:

Communist Party, U.S.A.; 3—440

Finnish Workers Federation; 9—14
membership in proscribed organization:
after original entry for permanent residence;

membership terminated prior last entry;

8-122, 577
essentials of living, to obtain; 11–228
evidence of:

alien registration form statements in; 44475
applicability of Rowaldt decision; 7–728;

8-122; 9--127
burden of proof (Gaztelum-Quinones): 10-431
refusal of alien to testisy, as; 5—175; 6—246
reports of undercover agent; 5-484
statements, Sworn, made before Service

oflicer; 5--242; 6—265
statements of Govt. witnesses, credibility;

5-312
testimony of former organization member;

5-743; 6-524
testimony of undercover agent; 5—484;

6-524
exemption under sec. 212(a) (28)(I), 1952 Act;

determination of; 8-302, 554; 11-3, 228,

733
finding of, by court in denaturalization suit:

operation of doctrine of collateral estoppel in

dep. proc.;8—577; 9--127
inactive membership; 6—524
legislatire intent of Act of Mar. 28, 1951;

5-72
membership after entry, sec. 241(a)(6), 1952

Act:
multiple entries, selection of entry as factor;

8--122, 549, 577
membership terminated prior to 1947 entry

for permanent residence; deportability
under sec. 4(a), 1918 Act, as amended in

1950; 8-282
nonimal membership, effect of; 5–141; 6—524
past membership:
coexistence of alienage and membership

as factor in dep. proc.; 4-569

Subversive-Continued
membership in proscribed organization-Con.
past membership--Continued
date of entry as factor in dep. proc.; 4-596,

745; 5-49, 202; 7–186
generally; 3–411, 736; 4-596; 5-26, 242
voluntariness:
alleged avoidance of political activities;

5-500
automatic character of membership (Italian

Fascist Party); 4-517; (Soviet Trade

Union); 4-334, 365
career, joining Communist Party to further;

6-713
consciousness of organization's subversive

character; 3—736; 4-314, 341, 504, 675,

752, 5-95, 505; 6—524
employment, joining Communist Party to

obtain; 5—95
infatuation with Communist fiance; 5—72
joined Communist Party to assist father

in obtaining materials for his store; 9—570
joined C.P. out of fear for life in response

to demands to join due to officer rank in

Yugoslav army; 10—79
pecuniary desire, continued Communist

Party membership result of; 9—570
weight of uncontradicted testimony of alien;

4–334, 365
National Federation of Labor Youth; 5-500
Nazi Party of Germany, membership; deporta-

bility under 1952 Act, original charge lodged

under 1918 Act, as amended; 5—255
ninth proviso (sec. 3, 1917 Act) reliei; former

member British Communist Party; 2-466
prejudicial to interests of United States (member-

ship in Labor Progressive Party of Canada);

temporary exclusion; 3-777
prejudicial to interests of United States (advo-

cate of pacifism), sec. 212(a)(27), 1952 Act;

5-248
publication, Communist, subscription to as

deportation ground; 4-450
seventh proviso reliet (sec. 3, 1917 Act):
former member Communist Party, Germany;

3-784
former member Communist Party, U.S.;

3-787
Socialist Workers Party; 9-252
stipulation as to fact of membership, made

before enactment of Int. Sec. Act of 1950;

admissibility; 4-561
suspension of deportation; sce Suspension of

deportation: subversive
Workers' Party (U.S.); proscribed character;

4341
Young Communist League of U.S.; affiliation

with Communist Party; 4596
Sudetenland (Czechoslovakia); marriage and

divorce la ws; 3-851
Suspension of deportation:

application, fee requirement; waiver of; 9--302
application filed after June 27, 1952; law appli-

cable; 5-467
application filed under 1917 Act, validity under

1952 Act; 6-410
application; substitution of sec. 6 (Refugee

Relief Act of 1953) application in lieu of; 9-209

Suspension of deportation-Continued ?

application, timeliness of; 5-472
availability of other relief, as factor; 4-412
behavior reflecting undesirability as permanent

resident; effect; 4-372
confidential information as basis for determina-

tion; 3-714; 5-491, 525
Congress has twiced rejected grant of such relief,

no new factors; effect; 11-521
crewman:
admitted in transit, to reship foreign on

another vessel; 10—277
application pending on date of enactment of

sec. 244(0) (Oct. 24, 1962); eligibility; 10-181,

210
deserter of allied vessel in wartime; no close

family ties in U.8.; 4705; 5--214
no dependents or family ties in U.S.; 5—212
recently arrived; policy; 1—259, 278; 3—490;

4223
substantial and meritorious service during

war years; no close family ties in U.S.; 6—670
departed to evade service in U.S. armed forces;

54535
discretionary nature of relief notwithstanding

good moral character; 1-543; 6242
economic detriment:
child, deportation of; detriment to parents;

child reached majority after applying for

suspension; 3–745
family group, alien parents; 4—715
family group; wife/mother and two children

natives of U.8., remainder of family citizens

of Mexico; 4-711
family group of six, including four citizens of

Canada; 4-707
family group of five, including two citizens of

Mexico; 4—729
family group of four, including three citizens

of Mexico; 4713
family group of four, parents citizens of Mexi-

co; 4–709
husband father, deportation of; detriment to

citizen wife and child; 2-627
husband father, deportation of; spouses living

apart through circumstances beyond their

control; 2–775
husband, deportation of; wife's employment

and couple's low income as factors; 3—833
husband, deportation of; wife, a permanent

resident alien, has assets in U.S. of about

$1,500,000; 4–437
legal obligation to support; 3-711
measured on assumption alien is to be de-

ported: 2–679
mother, deportation of; detriment to citizen

child; latter's need of unbroken home and

joint parental care as factor; 3—707
mother/wise, deportation of; detriment to

citizen child and lawsul permanent resi-

dent husband: 3-707
effect on preexisting ground of excludability;

10-491
enemy alien; 3-532
entries, multiple; relief under sec. 244(a)(5), 1952

Act; 5-651

Suspension of deportation-Continued *****
exceptional and extremely unusual hardship:

factors considered; 5-409
relief granted; 5—413, 416, 419, 448, 586

relief not granted; 5-421, 637, 651, 695
exchange visitor; statutory eligibility; question

of; 10—387
excluded alien, paroled into U.S.; 3—541
extreme hardship; sec. 244(a)(1), as amended:

established; 10—223; 11—295

not established; 10_448; 11-113, 159, 309
final order of deportation served; effect; 10-14
good moral character (see also Good moral

character):
adulterous relations; 2-892; 3- 478, 567
false claim of U.S. citizenship; 1–543; 3-180;

11-295
misconduct during statutory period; 1-518,

611; 2—492, 830, 892; 3--180. 833
requisite period of; alien within provisions

sec. 244(b); 10-300, 347
requisite period of; computation of; 10—683
single lapse, effect of; 1-611; 5—708

standards; 2-731; 3—833
immigration law violations, numerous; 4-704
ineligibility to citizenship, not a bar under

1952 Act; 5-106
lack of outstanding equities notwithstanding

minimum statutory requirements met; sec.

244(a), 1952 Act; 7–348; 11-649
loyalty, doubt as to; 2-838, 895; 3-532
marriage to citizen after commencement of

deportation proceeding; 4-223, 589
Mexican agricultural laborer (1943 Act); 2-692,

751
native of adjacent islan.1 or of contiguous country

(sec. 241(1)(3)); eligibility, question of; 10—227;

11--239, 619, 781, 836
neutral alien claiming exemption from military

service, 2–899; 3-249
nonsupport of children; 3-393
physical presence in U.S., period of (1952 Act):

any absence during; effect; 5—220; 11-234
brief absence; alien within provisions sec.

244(b), as amended; 10—274
brief absence; illegally resident alien; 10–513.

782
brief absence; illegally resident alien; W'adman

inapplicable; 11–106
brief absence from U.S. following deportation;

effect; 10—778
computation of; 5–261; 6—788, 795; 8--122;

9–340; 10—683; 11-351
sec. 244(b), as amended, exemption:
alien within; no specified period of presence

required; 10—300
Army corrected alien's military record

to show 2 years active duty; 11-639
computation of 2-year period of active duty

status; 10-300, 398; 11-295, 639
continuity of presence, question of; 10-274
good moral character requirement; 10-300
military service prior to last entry; 10—274
separation under honorable conditions;

question of; 11-485
service abroad as member U.S. armed forces,

effect; 7–105
service on American merchant vessels; 5—298

Suspension of deportation, Continued
recent arrival; Cuban woman with citizen child,

but husband residing in Cuba; 4–654
refusal of alien to testify; 1-543; 5—261; 9—372
reopening of proceeding to permit filing of

application for; 3—409; 5–472; 7–348; 11-649
reopening of proceeding to permit fling of

application for; Communist Party member,

former; 6–166
requisite documents; sec. 244(a), 1952 Act; 7-434
savings clauses of 1952 Act; sce Savings clauses

(sec. 465, 1952 Act)
seaman; see crew man under this mainline title
sec. 244(a)(1), 1952 Act, as amended; application

under:
effect of deportability also within provisions

specified in sec. 244(a) (2), as amended;

11--351
substitution of sec, 6 (Refugee Relief Act

of 1953) application for; 9—209
timeliness of; 9302
sec. 244(a)(3), 1952 Act, application under:
effect of deportability also within provisions

of para. (5) of sec. 244(a): 7-400; 8–57
sec. 244 (a)(5), 1952 Act, application under:

deportable under prior law; 6—285
effect of deportability also under para. (1),

(2), (3), or (4) of sec. 244(a); 5—285; 7-400
final order of deportation; effect; 7–137, 457
stowaway, no dependents in U.S., merely meets

statutory requirements; 7—348
student; effect on student status; 3–386
subversive:
Communist Party meinbership, former, to

further career; 6713
Communist Party membership prior to 1941

entry; 5-202
donations to proscribed organization; 54-509
E.A.M, member, former; 667
former high ranking official of Communist

Party; 6-317
nominal membership in Communist Party;

5-141
proof of opposition to Communism; 6—317
voluntary revelation of unlawful immigration

status; 7-608
withdrawal (conditional) of final order of de

portation issued pursuant to 1952 Act, etfect;
7-137

T

Treaty trader:
amendment of record to show admission as re-

turning resident; 2-834
departure from U.S., effect on status; 8-679
foreign organization or corporation, nationality

of; 22 CFR 41.71; 7–426
"special qualifications"'; question of; 11-815
substantial trade requirement; 3--517; 11-290
supervisory or executive nature of duties; ques.

tion of; 11—815
Treaty with Norway and Sweden; nationality;

3-668
Treaty with Switzerland; basis for claim of exemp-

tion from military service; 2-860, 915

U
Undesirable resident, sec. 241(a)(17), 1952 Act;

conscientious objector; 5-425
United Nations, employee; adjustment of status to;

alien under deportation proceedings; 2–773
United States and territory subject to jurisdiction

thereof; Supreme Court definition; 3-679
United States citizenship, right to judicial deter-

mination of claim; 1-587
United States, definition under Nat. Act of 1940;

3-678
United States Govt., liability for fines and torts;

2-576
United States mainland from Hawaii and Guam;

applicability of immigration laws (1917 Act);

3-159
United States mainland from Puerto Rico; applica-

bility of immigration laws (1917 Act); 3—161
United States, noncitizen nationals of; see Na-

tional, noncitizen of United States
United States passport:

evidence of citizenship; 3-680

illegal use; 22 USC 220; 3—623
“Unmarried”; question of; 11–551
Uttering a forged instrument; see Crimes involving
moral turpitude

V
Vagrancy; see Crimes involving moral turpitude
Vessel; arriving in U.S. for bunkers only; liability

to fine; see Fine: detention or deportation of

seaman
Veteran:
adopted child eligible under Act of Dec. 28,

1945; 3---131, 608
discharge; effect of dishonorable discharge follow.

ing honorable discharge; 4-622
married minor child eligible under Act of Dec.

28, 1945; 3–40
wise of, alleged; admitted under Act of Dec. 28,

1945; deportability under "Gigolo" Act of

May 14, 1937; 3-73
World War I; naturalized; effect of return to

Norway to reside; expatriation, immunity

from; 3-668
Virgin Islands:
acquisition of citizenship by child born abroad

out of wedlock, of mother born in Virgin Is.

lands; 3–870
acquisition of citizenship by native; Act of Feb.

25, 1927, as amended by 1932 Act; 3-719
acquisition of citizenship by native; Act of Feb.

25, 1927, as amended by 1932 Act; residing
abroad since 1916; 6-226

Telegraph operator, Canadian, coming to fill relief

job; immigrant status; 3-857
Temporary exclusion; entry prejudicial; 3-777
Territory subject to jurisdiction of U.S., Supreme

Court definition; 3-679
Theft; see Crimes involving moral turpitude
Trader; see Treaty merchant; Treaty trader
Trainee; see Industrial trainee
Treaty between U.S., Germany, and Great Britain

by which the U.S. acquired American Samoa;

3-729
Treaty merchant; continuance of exempt status de-

termined by treaty and not by 1924 Act; 1--201
Treaty of Ghent; American Indians born in

Canada; 1-601; 3-191
Treaty investor:

employee of; 10-425, 717
status as; national of Italy ineligible; 11–393

entry prior to July 1, 1938; presumption of ad-

mission for permanent residence; 1-414
Visu (see also Quota preference; Deportation

grounds: visa charge; Exclusion grounds: visa

charge):
authority in dep. proc. to review basis for is-

suance by consular officer; 4–532
bringing an immigrant without; see Fine: im.

migrant visa, bringing immigrant who lacked

(1924 Act)
materiality of statements in application for;

2-654
nationality for quota purposes; see Quota na.

tionality
nonquota; see Nonquota immigrant; Immediate

relative
petition for:

appeal lies solely with petitioner; 11-315
authority of SIO to adjudicate in dep. proc.;

10–53
beneficiary sole owner of petitioning corpora.

tion; 8-24
beneficiary will not be in actual employ of

petitioning organization; 11-25
burden of proof; 11—27, 493, 526
collateral attack on divorce decree granted

by State court; 8—251
drast dodger; necessity to determine admissi-

bility; 3–376
effect of reinterpretation of law on prior denial

of; 9—433
filed by citizen, under compulsion of court

order, on behalf of alien spouse; 11-315
mentally incompetent citizen, executed by

guardian of; 5-721; 9-503
necessity to determine admissibility; 34-376;

8-295
retroactive approval of; no authority to grant;

9-433
revocation of approval, Sec. 206, 1952 Act:

appeal lies solely with petitioner; 9—547
petitioner failed oiler evidence in opposi-

tion; 11-131
Sec. 204(c), 1952 Act, as amended:
alien previously accorded nonquota status

on basis sham marriage; effect; 9-514;

11-610, 812
marriage (prior) contracted to evade immi-

gration laws; necessity of establishing;
9684
prohibition on approval of subsequent

petitions unlimited; 11-812
retrospective and prospective application;

9–702
revocation of approval of prior nonquota

petition; effect; 14705; 10—685
revocation of sec. 245 adj. of status based

on approval of prior nonquota petition;

effect; 11-610
theatrical agent, executed by: 5–748
wife/neice beneficiary; state where parties will

cohabit would not prosecute; 4—239
wile/niece beneficiary; marriage valid in

Rhode Island; 4632
revocation of; Sec. 221(1), 1952 Act:

after entry into U.S.; effect; 10-11

revocation of; sec. 221 (1), 1952 Act-Continued

alion not notified; 8-456
visa not physically cancelled prior to alien's

arrival in U.S.;8—456
validity:

another's name and identity, use of; 2-638
concealment of facts, disclosure of which would

have raised question of eligibility for visa;

7-397, 420
criminal record, failure to reveal; 3—20
expiration of visa while en route to U.S.;

1-154
material misrepresentation not willfully or

purposely made, effect on; 7—-420
misrepresentation as to identity; 7—76; 8-473
period of; legislative intent, sec. 221, 1952 Act;

7-298
Visitor (see also Nonimmigrant):
business; commercial character; temporary

character; 2—241; 6—533; 11-610, 824
business, for; extension of stay; 11-285
business, for; factors to be considered; 6827
contract labor; see Exclusion grounds: contract

labor
daily crosser to collect scrap to be sold in Mexico;

4217
determination as to whether alien is bona fide

visitor or immigrant; see also Immigrant:

classification, immigrant or nonimmigrant
domestic servant, coming to join former em-

ployer; 4287
Voluntary departure (see also Discretionary

relief; Suspension of deportation):
alien's right to receive explanation in simple

language and to apply; 14-546
application filed before Dec. 24, 1952, preserved

by sec. 405(a), 1952 Act; 5-522
confidential information, use of; 5-491
crewman; statutory eligibility under sec. 244(1);

10-113
deception practiced against Service, as militating

against grant; 7–486
discretionary denial, notwithstanding statutory

eligibility; 10-35
discretionary nature of relief; notwithstanding

good moral character; 1-543; 4-626
extensions of time to effect; 4-626, 667
failure to effectuate; authority of DD to deport

notwithstanding application for relief pending;

10--372
failure to furnish notification of address; sec.

244(e), 1952 Act; 5–216, 692
Fascist Party, former member of Italian; 2--582
"immediate means", to effectuate (8 CFR 244.1];

9-333
ineligibility sec. 19(d), 1917 Act, but relief

granted under 7th Proviso, sec. 3; 1–204;

2-459, 698
ineligibility to citizenship; alien who clained

exemption from service in armed forces: 4-180
ineligible classes, 1952 Act; specificd ground of

deportability, necessity of formal finding of;

5—459
ineligible for immigrant visa, effect; 5-502
period of good moral character required; deport-

able under secs. 241(a) (4) and (11); 6–723

« ÎnapoiContinuă »