INDEX Cumulative for Volumes 1 to 12, Inclusive assault with intent to commit, New York; 2-525 drug to produce, Mass. ; 2-203 Absence from United States, expatriation through; see Citizenship-loss: residence abroad by naturalized citizen, through Absence from United States, temporary; see Residence; Naturalization; Citizenshipderivation (after birth) by child born abroad; Seventh proviso, sec. 3, 1917 Act: domicile Acquisition of citizenship; see Citizenship and titles subordinate thereto; Naturalization Act of December 28, 1945 (P.L. 271, 79th Cong.), adopted children; legislative history; 3-42, 131 "Actively opposed" to communism (defector); question of; 12-778 Addict; see Narcotics: addict Adjacent island, preexamination (8 CFR 142), Jamaica, B.W.I.; 3-704 Adjacent island; sec. 101(b) (5), 1952 Act: British Honduras; 10-40 Adjudication of citizenship, court decree as to birthplace; 3-237 Adjudication of nationality (not citizenship); issuance of passport or letter of identity, Guam, Samoa; 3-589, 729 Adjustment of status: sec. 1, Act of Nov. 2, 1966: applicant native of Cuba but not refugee; 12-699 applicant-neither native nor citizen of Cuba-separated from Cuban citizen spouse; 12-369 applicant within public charge provisions of secs. 212 (a) (15) & 241 (a) (8); 12-432 Adjustment of status-Continued sec. 1, Act of Nov. 2, 1966-Continued crewman, admission as; effect; 12-396 discretionary denial; 12-355 discretionary nature notwithstanding statutory eligibility; 12-432 inspected and admitted on Jan. 1, 1959; "inspected and admitted or paroled"; sec. 2, Act of Nov. 2, 1966: applicant must also come within purview of sec. 1 of Act; 12-143 arrival only as immigrant subsequent to Jan. 1, 1959; effect; 12-143 sec. 9, Act of Sept. 11, 1957: applicant's immigration status as eligibility factor; 8-100 eligibility as "spouse" of principal applicant; 8-100 good moral character 8-100 requirement; unavailability of visa construed; 8-100 sec. 13, Act of Sept. 11, 1957: wife of foreign govt. official; admission & acquisition of status under prior law; effect; 11-96 sec. 203 (a) (7), 1952 Act, as amended, under proviso to; see Quota preference: Act of 1952, as amended by P.L. 89-236: sec. 203 (a) (7) sec. 211 (c) and (d), 1952 Act; see Discretionary relief sec. 245, 1952 Act: a preconceived intent at time of entry to remain permanently; 10-516, 774; 11-167, 337, 621; 12-212, 249 admission as immigrant; eligibility; 9-141 admission as immigrant, subsequently became deportable on criminal grounds; 10-191; 11-720 admission as immigrant; subsequently became deportable on entry without inspection charge; ineligible; 11-351 admission as immigrant, upon presentation visa procured by fraud; eligible; 10-344 sec. 245, 1952 Act-Continued admitted as student; on fellowship from his Govt. (Libya); lack of good faith in dealings with his Govt.; 12-739 admitted as student; on fellowship from & under contract with his Govt. (U.A.R.); noncompliance with contract; 11-163 admitted in transit to reship foreign as a crewman; ineligible; 10-101, 277 admitted in transit without visa (TRWOV); ineligible; 10-441 adverse effect would be created in relations between applicant's govt. & U.S.; 9-249; 10-651; 12-739 alien arrived as workaway in possession valid visa & admitted as nonimmigrant visitor; eligible; 11-343 alien beneficiary of apprvd. pref. VP; petition withdrawn prior allocation of quota No.: effect; 12-61 alien born in U.S.; eligible; 10-708; 11-717 alien born in U.S. in diplomatic status who has never been outside U.S.; 11-190 alien denied visa by one consul later entered U.S. with visa obtained from another consul; 8-683; 10-172, 177 alien derived 1st pref. classification thru husband; interlocutory divorce decree granted husband; effect; 11-148 alien employed in U.S. full time for 4 yrs.; Labor certification, necessity of; 11-756 alien entered as citizen, no willful false claim to citizenship; 9-54; 12-8 alien entered as member U.S. Armed Forces; 8-485; 10-658 alien entered by knowingly & falsely claiming citizenship; 9-50, 478, 599; 11-706; 12-738 alien excluded and paroled into U.S.; jurisdiction over application lies with DD; 12-407 alien separated from U.S. citizen spouse; visa availability, question of; 11-446 alien who voluntarily renounced her perm. residence status previously acquired thru immigration; 11-140 alien within provisions sec. 212 (a) (24); eligible; 12-522 alien's good faith, as factor; 9-50, 265; 10-172, 177, 494, 516; 12-739 applicant has wife and 3 children residing in Chile; 11-317 applicant (widow) has 5 minor children residing in Honduras; 10-628 application filed prior to 12/1/65 by native of Tonga; applicability of 1966 amendment to sec. 245 (c), question of; 12-182 application pending on 12/1/65, effective date of amendment of sec. 245 by P.L. 89-236; effect; 11-419 sec. 245, 1952 Act-Continued approval nonquota VP does not preclude disc. denial sec. 245 relief based on doubtful bona fides of marriage; 10-688 authority of BIA to review Reg. Commr's. action: 9-11 bona fide nonimmigrant at time of admission, question of; 8-485, 621, 636, 655, 680 bona fides of alien in securing visa; as factor; 10-516, 774 burden on alien to establish favorable action merited; 9-38 certification (Labor); necessity of where alien employed in U.S. full time for 4 years; 11-756 certification (Labor); necessity to determine exemption from presentation of where alien is ineligible for relief as matter of discretion; 11-796 certification (Labor); no longer in employment upon basis of which issued; 12-694 certification (Labor); question of necessity where alien's adjustment prior 12/1/65 precluded by incomplete adm. processing; 12-371, 633 certification (Labor); required by alien spouse of lawful perm. resid. where only nonpref. visa available to him; 12-819 certification (Labor); required by non preference immigrant alien employee of foreign embassy in U.S.; 12-348 chargeability to quota area of adoptive father; 11-371 chargeability to quota area of permanent resident alien spouse; 8-369 circumvention of normal immigrant visa issuing processes, as factor; 10-494; 11-167 consistent and deliberate immigration violations, effect; 8-636 discretionary denial; 9-38, 50, 249; 10-168, 177, 494, 516, 628, 688, 767; 11-317, 720, 796; 12-78, 112, 249, 739 effect on preexisting ground of deportability; 9-548 effect on preexisting ground of excludability; 9-548 eligibility thru grant of "defector" status, sec. 212(a) (28) (I) (ii) ; 8—302; 12-778 eligibility thru "nonquota" classification; sec. 25 (a), Act of Sept. 26, 1961; 11-710 eligibility thru sec. 203 (a) (7) refugee classification; see Quota preference: Act of 1952, as amended by P.L. 89-236: sec. 203 (a) (7) eligibility thru waivers of excludability; 8-285, 302 exchange visitor; 5-229; 11-708 exchange visitor, alien spouse of; 11-893 exchange visitor who entered U.S. prior to June 4, 1956; 11-919 Sec. 245, 1952 Act-Continued exclusion order not eligibility bar when alien inspected and paroled; 9-265 failure to apply for visa while outside U.S., effect; 8-655 filing of application, effect upon existing deportability; 5—622 good moral character requirement; 7-651; 8-65, 234; 10-168 "immediately available," immigrant visa ; question of; 12-61 "inspected and admitted"; question of; 9-50, 54, 478, 599; 11-351, 706, 712; 12-8, 733 jurisdiction to consider application of alien excluded & paroled into U.S.; question of; 12-407 misrepresentation, mere making of to U.S. consul in obtaining visa is important element for consideration; 10-790 native of British Guiana; 11-419 native of British Honduras; 11-768 native of Honduras; 11-419 10-40; native of Western Hemisphere; applica- nonquota alien, prior residence, compu- nonquota alien child (sec. 101 (a) (27) (C), renewal or reconsideration under regulations effective 1/22/62 (26 FR 12111) of previously adjudicated application; question of; 9-581 rescission of; see Rescission of adjustment of status savings clause (sec. 3, Act of 11/2/66); applicability, question of; 12-399 sec. 248, 1952 Act; see Status: nonimmigrant, change of, sec. 248 sec. 249, 1952 Act-Continued grounds of inadmissibility, effect on; 8-288 narcotics violator; ineligible; 9-103 narcotics violator granted full & uncon ditional pardon; ineligible; 12-325, 335 procedure for challenging adjustment under; 7-363 record of lawful admission cancelled un der sec. 247(a); 12-482 record of lawful admission exists but vitiated by subsequent illegal entry; 8-598 record of lawful admission "otherwise record of unlawful entry; 8-288 recission of; see Recission of adjustment residence, continuous: agricultural worker, temporary absence every 3 years upon expiration of work contract; 11-878 departure as result of exclusion or ex- 4-year absence; effect; 11-34 temporary admissions as crewman over voluntary departure pursuant to de- Administrative decision, whether res judicata; 3-577; 5-392, 400 Administrative decisions, guidance on questions of law by court decisions; 2-658, 849 Administrative Procedure Act: hearings in exclusion proceedings, effect on; see Exclusion hearings in expulsion proceedings, effect on; see Deportation Service hearings prior to Sung decision in valid only where objections were raised; 5-752 standards of fairness met by sec. 242(b), 1952 Act; 5-261 Admissibility under immigration laws (see also Exclusion): arrival governing determination of; seaman, involuntary return of, following arrival and exclusion (8 CFR 175.53); 7-1 compliance with laws at time of application for admission; 2-172 determination of; not within scope of visa petition procedure; 8-295 determination of; resident alien, upon return following departure during pendency dep. proc.; 12-358 effect of legislation enacted while alien on parole; 9-170 tinued effect, where alien is under indictment; 2-172 Admission: application for, abandonment; when alien enters while case pending before board of special inquiry; 3-178 application for, withdrawal; after hearing completed and prior entry of SIO's order; 12-429 right to remain in U.S. following; determined in dep. proc.; 9-78 when an admission occurs; 9-78; 12-191 Admission for permanent residence; see Lawful admission to the United States for permanent residence Admission of commission of crime; see Crime, admission of commission Admission to continental United States, Japanese or Koreans who entered Hawaii with laborers' passports; 3-565 Admission under 1924 Act, sec. 14; child admitted temporarily when under 16 who has citizen parent; 3-815 Adopted child; see Child: adopted Chinese adopting parents in U.S., by; of native-born U.S. citizen child; 12-240 Czechoslovakia; 12-258 date; question of, where effected under two different procedures; 12-747 effect on brother-sister relationship; 10-497; 12-495 effect on relationship to natural parents under immigrations laws; 9-46, 116, 567; 11-55 Egypt; 12-666 Germany, in, by proxy; recognized in Texas, principle of comity; 6--634 Hong Kong; preceded by informal infancy adoption under Chinese law and custom; effect; 12-747 Italy, "affiliation" as equivalent of adoption; 6-270 loco parentis; not equivalent of adoption; 11-219 Netherlands Antilles; 9-521 Portugal; 9-242 proceedings for, in office of foreign consul in U.S.; 5-733 validity of, evidence; 3-608 Adultery (see also Good moral character: adultery): admission of commission, without conviction, not basis for exclusion or deportation; 3-168 moral turpitude; see Crimes involving moral turpitude Affiliation, subversive ground of exclusion or deportation; see Subversive 2-253 Age limitation, expatriation; 3-470 Aggravated assault (battery); see Crimes involving moral turpitude Agricultural laborer: admissibility although previously deported and not granted consent to reapply for admission; 1-624 classification, immigrant or nonimmigrant; 6-491 ineligible for change of nonimmigrant status under sec. 248; 8-419 permission to reapply (8 CFR 214k.7); effect on future entries; 10-231, 613 remained longer; deportable sec. 241 (a) (2); 10-380 suspension of deportation, when granted; 2-692, 751 Air carrier: applicability of fine under sec. 16, 1924 Act; 3-476 regulations by Attorney General relating to immigration laws, 8 CFR 116; 3-260 Air Commerce Act of 1926, secs. 7(d)(3), 11(b); 3-476 Aircraft, passenger manifest, 1917 Act, sec. 14, 8 CFR 116.8 (b); 3—259 Alien coming to perform temporary services: blanket Labor certification; sufficiency in lieu of individual certification, question of; 12-591 governess, mother's helper ; 10-654 musicians; 12-591 professional Japanese female wrestlers, as a night club entertainment act; availability, question of; 11-427 Alien contract laborer; excludability; see Exclusion grounds: contract labor Alien of distinguished merit and ability: actor, internationally known; to be panelist on TV show; 11-462 actor; not acclaimed by recognized theatrical experts; 11-534 actor, role in motion picture by internationally-known Co.; 12-312 actor; services to be performed do not exact requisite ability; 11-534 advisory opinion unnecessary; 11-462 change of nonimmigrant status; see Status: nonimmigrant, change of, sec. 248 classification as (H) (i) does not automatically qualify for 3d pref. status; 12-758 classification as (H) (i) may not be substituted for 1st pref. classification to overcome oversubscribed quota ; 10-715 "distinguished merit and ability" may not be equated with "exceptional ability in arts and sciences"; 12-758 entertainers; not acknowledged as eminent by recognized critics; 11-65 intern; 8-460 pathologist; 11-896 professor, visiting; 12-449, 571, 838 research associate; to establish course material for new program; 10-642 |