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 pref. 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(g) 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 Adjustment 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 also Fine: stowaway):

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; 7-682

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; 4-336, 363

Canadian Tribune (Communist publication);
4-450; 5-500
Communist Party:

Canada; 4-745; 5-49

Cuba (Partido Socialista Popular); 5-242
England; 5-72. 505; 7-186
Germany; 3-784; 5-202

U.S.A.; 3-411, 736; 4-475; 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

Subversive-Continued

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; 3-411;
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; 4-475
applicability of Rowaldt decision; 7-728;
8-122; 9-127

burden of proof (Gastelum-Quinones): 10–431
refusal of alien to testify, as; 5-175; 6-246
reports of undercover agent; 5-484
statements, sworn, made before Service
officer; 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

legislative 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; see Suspension of
deportation: subversive

Workers' Party (U.S.); proscribed character;
4-341

Young Communist League of U.S.; affiliation
with Communist Party; 4-596
Sudetenland (Czechoslovakia); marriage and
divorce laws; 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

application pending on date of enactment of
sec. 244(f) [Oct. 24, 1962]; eligibility; 10-181,
210

deserter of allied vessel in wartime; no close
family ties in U.S.; 4-705; 5-214

no dependents or family ties in U.S.; 5-212
recently arrived; policy; 1-259, 278; 3-490;
4-223

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;
5-535

discretionary nature of relief notwithstanding
good moral character; 1-543; 6-242
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.S., 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; 4-713

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/wife, deportation of; detriment to
citizen child and lawful 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 island or of contiguous country
[sec. 244(f) (3)]; eligibility, question of; 10-227;
11-239, 61, 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; Wadman
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 filing of
application for; Communist Party member,
former; 6-166

requisite documents; sec. 244(a), 1952 Act; 7—434
savings clauses of 1952 Act; see Savings clauses
(sec. 405, 1952 Act)

seaman; see crewman 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; 9-302

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 membership, former, to
further career; 6-713

Communist Party membership prior to 1941
entry; 5-202

donations to proscribed organization; 5-509
E.A.M. member, former; 6-67

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, effect;
7-137

T

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

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

wife 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

entry prior to July 1, 1938; presumption of ad-
mission for permanent residence; 1–414
Visa (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

draft 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; 3-376;
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 offer evidence in opposi-
tion; 11-131

Sec. 204(c), 1952 Act, as amended:

alien previously accorded nonquota status
on basis sham marriage; effect; 9-544;
11-610, 812

marriage (prior) contracted to evade immi-
gration laws; necessity of establishing;
9-684

prohibition on approval of subsequent
petitions unlimited; 11-812

retrospective and prospective application;
9-702

revocation of approval of prior nonquota
petition; effect; 9-705; 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
wife/niece beneficiary; marriage valid in
Rhode Island; 4-632

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

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

revocation of; sec. 221 (i), 1952 Act-Continued
alien 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; 6-827
contract labor; see Exclusion grounds: contract
labor

daily crosser to collect scrap to be sold in Mexico;
4-217

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; 4-287

Voluntary departure (see also Discretionary
relief; Suspension of deportation):

alien's right to receive explanation in simple
language and to apply; 1-546

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(f);
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 claimed
exemption from service in armed forces; 4-180
ineligible classes, 1952 Act; specified 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