lawful admission for permanent residence: see Lawful admission to the U.S. for permanent residence naturalized citizen whose citizenship was canceled after; deportability under sec. 241(a)(4); 6-666 naturalized citizen whose citizenship was canceled after; relation back doctrine; 3-275; 4-373, 702 naturalized citizen whose citizenship was canceled after; applicability of relation back doctrine to documentary charges; 5-759; 7-103 question of, to sustain deportation charge; see Entry into U.S. (whether or not an entry has been made) question of, to sustain exclusion ground; see Entry into U.S. (whether or not an entry has been made) record; nonexistence of; effect in deportation proceedings; 1952 Act; 5-181 records; errors; legality; 2-644 reentry as "entry" for deportation purposes; 1-4, 510 selection of any, as basis for deportation charge 6-684; 9-643 under 1917 Act, as distinguished from 1924 Act: 3-632; 7-201 Virgin Islands, to; prior to July 1, 1938; 1-414 without inspection; deportation ground; see Deportation grounds: entry without inspection Entry into the United States (whether or not an entry has been made): armed forces, member of; 4-126, 630 armed forces, former member who elected to remain abroad at time of discharge and thereafter returned to U.S.; 3-539 arrived at other than designated port and had proceeded to airport 10 miles inland when apprehended; 12-191 drunk, following departure of which he was unaware because; 4-235 excluded alien who is permitted to sojourn in U.S. (parole); 3-543 extradition from foreign country to stand trial in U.S.; 3-632 Filipino, noncitizen national, arrival in U.S. in 1926; 4-569 Filipino, noncitizen national upon arrival before May 1, 1934, last entered as returning resident after July 4, 1946; 5-668 Filipino, noncitizen national upon arrival (Hawaii) in 1924, last entered (Hawaii) 1951 returning from employment in Kwajalein Island (trust territory); 7-128 fishing trip, return from; alleged ignorance T of foreign destination; 5-220 insular possessions, from; to continental U.S.; 3-632; 7-201; involuntary departure from U.S., after; 3-536 knowledge of foreign stops, en route (return to U.S. by air); 3-632 return from 1-day visit in Mexico, paroled for prosecution on narcotics charge & convicted; 11-625 return from 10-day vacation in Mexico; 10-480 return from 2-hour absence to Mexico; not lawful permanent resident; Wadman inapplicable; 11-106 return from a month's absence to Portugal to visit parents; 10-529 return from a month's vacation in Mexico; 10-551 return from a week's absence to Mexico to visit relatives and make a pilgrimage; 11-432 return from brief absence to Mexico to visit relatives; 10-341 return from brief sight-seeing trip in Mexico; 10-376 return from foreign country, every; exceptions; 3-481 return from overnight visit in Canada linked to cheating activities in gambling game; 10-522 return from short visit to Canada to appear in court where charged & tried for criminal misconduct; 12-170 return from short visit to Mexico to report return from visit with family in Mexico return of unemancipated minor from ab- return (without inspection) from brief visit in Mexico (lawful permanent resident); 11-103 return (without inspection) from brief visit (by nonimmigrant, out of status) to Mexico; 11-819 stowaway, ordered detained on board, who escaped vessel & remained ashore; 9-356 trust territory (Kwajalein Island), return from employment in ; to Hawaii; 7-128 Entry record, amendment or creation, to show admission for permanent residence: child: born during temporary absence from U.S. of lawful permanent resident mother; 3-215, 262 erroneously admitted as U.S. citizen 3-262; 11-253 child-continued erroneously admitted under Quota Act of 1921, exemption 9; 3-815 quota exhausted before charge could be made (1923); 3—391 reentry as treaty trader; previous lawful admission for permanent residence; 2-834 sec. 13 (d) and (e), 1924 Act; see Discretionary relief: sec. 13 (d) and (e), 1924 Act sec. 211 (c) and (d), 1952 Act; see Discretionary relief sec. 249, 1952 Act; see Adjustment of status: sec. 249, 1952 Act suspension of deportation; see Suspension of deportation Escape from custody of sheriff, without force or violence, N.J.; 2-873 Estoppel, doctrine of; operation in dep. proc. as to conspiracy conviction re entry by misrepresentation, absent specific findings of court; 10-214 Estoppel, doctrine of; operation in dep. proc. as to expatriation finding of court in declaratory judgment suit; 7-407 Estoppel, doctrine of; operation in dep. proc. as to subversive organization membership finding by court in denaturalization suit; 8-577; 9-127 Evading military service; see Citizenship-loss : evading service in armed forces, departing U.S. or remaining out; Exclusion grounds: departure to avoid armed forces duty Evidence: admissions made in prior hearings: 4-765: 5-752 affidavits of deceased witnesses; 6-496 affidavits of witnesses in lieu of oral testimony; 5-612, 738; 6-496 affidavits showing nature of organization; 5-451 alien's rights controlled by Jencks statute; 8-696 authentication of baptismal & school records entered in evidence in dep. proc.; question of 11-378 birth in U.S.: court decree, as; 3-237 military records; 6-415 passport, as; 3-680 blood tests to prove relationship; see Blood tests citizen of U.S., prior admission as; weight; 2-428 consideration of material received into evidence; necessity of; 11-759 court dismissed sec. 503, 1940 Act, suit without entry final order; effect; 8-244 court record of testimony; witnesses not produced, although available; 6-300 discrepancies, testimonial; on issue of relationship; 3-608; 5-232 exclusion proceeding; rules governing fair hearing; 2-469 (see also Exclusion) fine proceeding; admissibility, even tho may tend impeach exclusion order; 10-240 foreign documents, not authenticated; 6-415 hospital records containing opinions, conclusions, and hourly notes by hospital personnel; 8-523 husband's adverse testimony, waiver of privilege; 5-738 inferences from alien's refusal to testify; 6-246; 7-308; 8-568; 11-213 information from seaman's discharge book, introduction where alien stands mute; 11-489 judicial rules not binding; 5-752; 6-415; 11-213, 585 manifest records, weight; 5-220, 370 newspaper articles; 11-759 objection to introduction, timeliness of; 6-726 Service officer's testimony as to oral statements of alien; 4-760 Service records; denial of request for examination of; 10-567 State Department certification attesting to revocation of visa; 8-456 statement, derogatory; maker unavailable for cross-examination; 8-105 statement of alien, preliminary, under oath, voluntarily made; admissibility; 9-225, 646; 11-213, 585 statement of alien, obtained following arrest without warrant in investigative search; admissible; 12-603, 676 statement of alien, preliminary (sworn); necessity of identification where alien stands mute; 7-133, 308 statement of lien, preliminary (sworn); voluntarily made; alien not advised of right to counsel; admissible; 12-302, 821 statement of (Govt.) witness, request for production of; timeliness; 9-650 statements in Alien Registration Form; 4-475; 5-175 statements of alien taken without prior statements, pre-hearing; responsibility for set aside, procedure to; 4-378 withdraw, alien's right to; 4-561 withdrawal by examining officer; 6-631 inaccurate; 6-726 undercover agent, testimony of ; 5-484 unsigned statement of alien; 4-684 wife's adverse testimony, waiver of privi- wife's testimony re confidential communi- witness, credibility of; determination by witness (Govt.), recall for further cross- witness who refused to furnish his address, Exceptional hardship; sec. 212 (e), 1952 Act; Exchange visitor: adjustment of status: see Adjustment of change of nonimmigrant status; see Sta- alien admitted as spouse of exchange visitor (J-2); subject to; 11-893 program transfer; request for; 11-33 Exclusion: Administrative Procedure Act, applicabil- American Indians born in Canada; see board of special inquiry: fairness of hearing, unreasonable delay jurisdiction, loss; when applicant entered United States citizenship; board's right to adjudicate; 1-587 burden of proof; 3-777; 5-312 coming to commit a crime, immigrant or 3-407 conviction during parole; effect on admissi- deportable upon entry; excludability in ab- sence of specific exclusion ground: grounds; see Exclusion grounds hearing, de novo; question of: exclusion 2-172 inferences from alien's refusal to submit to 8-24 Japanese or Korean national who entered legislation enacted during parole of alien; motion to reopen proceedings, SIO decision right to hearing; 5-712 stowaway: right to hearing; 5-712 Exclusion grounds: affliction, physical or mental; exemption, wife of citizen, 1917 Act; sec. 22; 2-183 assisted alien; passage, reimbursement of society for; 1-111 assisted aliens for gain, 1952 Act: gain, actual or anticipated; question of; 12-358 certification of Sec. of Labor; sec. 212(a) (14), 1952 Act, as amended: after arrival not employed as maid for which certified; 12-328 alien in U.S. no longer in employment upon basis of which issued; effect on sec. 245 adj.; 12-694 alien left certified employment after 5 days and obtained unrelated employment; no fraud; 12-827 applicability of requirement, test for de- bona fide intent to work in U.S.; necessity (cook's helper) cannot be made (Schedule B; 29 CFR 60); 11-781 coming to work at 2 different jobs; convicted while a U.S. citizen; 5-678 conviction of forgery and uttering constitutes single crime; 10—747 essential elements, acts constituting; see Crime, admission of commission: essential elements, acts constituting pardon, effect of; 6-90 pardon, foreign; effect; 7-166 petty offenses: aggravated theft, Italy; 12-508 benefits of sec. 4, 1954 Act; applicability; 6-738; 7-147 benefits of sec. 4; applicability where alien committed 2 offenses-one offense expunged, sec. 1203.4, Calif. Penal Code; 7-495 benefits of sec. 4; effect on disabilities flowing from conviction; 7-147 classification of offenses committed abroad; 6-508 contributing to delinquency of minor, Canada; 12-170 disorderly conduct (jostling), New York; 6-762 embezzlement, aggravated; Italy; 10-593 offense punishable by divisible statute; classification; 7-153; 9-280 "otherwise 9-280 admissible" requirement; crime, admission or conviction-continued petty offenses-continued petty larceny, Illinois; 6-331 proviso as to "only one such offense"; punishment actually imposed less than receiving stolen property; Illinois; 11-239 robo and lesiones, Mexico; 10-7 sentenced to imprisonment for more than 6 months; 8-453 political offense; 4-108 recommendation against deportation, effect; 6-709 suspension of execution of sentence as factor; 3-569 time of admission, requirement; 5-676 two crimes before 18th birthday; 1952 Act; 5-639 waiver of: alien at liberty under sentence-imposed bond; 10-755 alien convicted of continued extortion in operation resembling organized criminal band; 11-21 alien in U.S.; ineligible for sec. 245 adjustment, effect; 12-399 alien separated from wife but supporting her & their 2 U.S. cit. children; 12-319 alien's marriage to wife on whom hard ship claim based did not exist at time of last entry; ineligible; 11-259 authority of SIO to grant in exclusion proceedings; 11-175 "extreme hardship"; determination of; 11-560, 635; 12-319 "extreme hardship"; term construed; 12-810 "extreme hardship" to alien himself; not a factor; 12-810 nunc pro tunc in dep. proc.; question of; 11-259 pattern of responsible conduct and marriage stability now reflected; 11-560 departure to avoid armed forces duty: after induction; 2-482; 3-265 age, below (few days before 18th birthday); 2-417 "commuter" at time of departure; effect; 12-621 desertion from armed forces; 2-482; 3-266; 11-501 draft delinquents; 2--420 liability for duty as factor; 2-282, 401, 417 nonimmigrant, formerly a lawful permanent resident; 6-186 departure to avoid armed forces duty-con. primary purpose; application of stand ards for expatriation under sec. 401(j), 1940 Act, for same cause; 4-452; 6-146 retroactive effect of statute; 2-401, 417, 482 fraud or misrepresentation, sec. 212 (a) (19), 1952 Act: alien previously finally excluded; intro duction of prior record to establish present excludability, question of; 12-462 availability relief under sec. 7, 1957 Act, to alien in U.S. ineligible for preexamination; 8-68 citizen's identification card as "documentation"; 7-486 concealment of arrests; 9-623 concealment of arrest and conviction; 6-813 concealment of Communist Party membership; 9-627 concealment of criminal conviction, crime concealed subsequently pardoned; 7-508 concealment of police record; 6-584 conspiracy conviction re entry by misrepresentation; doctrine of estoppel inoperative to sustain ground absent specific findings by court; 10-214 extensions of stay as "documentation"; 6-315 failure to disclose prior deportation; 7-161; 10-231 failure to divulge prior unlawful residence in U.S.; 7-306 failure to reveal arrest and pending criminal proceeding; 9-506 failure to reveal C.P. membership; claim not ideologically a Communist, as defense against willfulness of misrepresentation; 9-570 false letter of employment; alien commuter: 11-738 false statements by nonimmigrant student as to financial status; 8-394 forged affidavit of support; 7-464 fraud, distinguished from "willful misrepresentation"; 7-161 marital status, concealment of relevant facts: 7-182; 11-196 materiality of misrepresentation; 7-40, 76, 222; 8-134, 473; 9-602, 623, 627, 636; 10-409 materiality of misrepresentation; criteria for determining; 9-436 misrepresentation as to identity; 9-602, 636; 10-87, 109 misrepresentation cut off relevant inquiry burden on alien to establish true facts: 9-436 "other documentation" defined; 7-486 procurement of documentation; 7-73 procurement of documents for another; 6-259 |