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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
to clerk of court in that country and to
sign bond book; 11-15

return from visit with family in Mexico
during which involved in criminal con-
duct for which convicted; 11-478
return of alien who has been denied entry
in foreign port; 6-638

return of unemancipated minor from ab-
sence abroad accompanying stepfather
who was under military orders; question
of; 10-304

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

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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
warning of possible adverse use; 5-370
statements, pre-hearing, of Govt. witness;
not requested during hearing; subsequent
availability; 10-268

statements, pre-hearing; responsibility for
determining existence of; 8-696
statements taken in preliminary investiga-
tion; 1-408; 4-475, 684; 5-306, 738
statements that Govt. witnesses were per-
jurers; admissibility for impeachment
purposes; 9-650
stipulations of fact:

set aside, procedure to; 4-378

withdraw, alien's right to; 4-561

withdrawal by examining officer; 6-631
translations of documents asserted to be

inaccurate; 6-726

undercover agent, testimony of ; 5-484
unrecorded statements (8 CFR 150.1(c));
4-760

unsigned statement of alien; 4-684

wife's adverse testimony, waiver of privi-
lege; 6-496

wife's testimony re confidential communi-
cations during existence of marriage;
admissible in sec. 246 resc. proc.;
12-830

witness, credibility of; determination by
special inquiry officer; 7-417

witness (Govt.), recall for further cross-
examination; 8-696; 9-14, 650

witness who refused to furnish his address,
competency of; 5-312

Exceptional hardship; sec. 212 (e), 1952 Act;
see Waiver of foreign residence require-
ment, sec. 212(e), 1952 Act

Exchange visitor:

adjustment of status: see Adjustment of
status: sec. 245, 1952 Act
allegation of unawareness of limitations
of such status when first received; ef-
fect; 11-603

change of nonimmigrant status; see Sta-
tus: nonimmigrant, change of, sec. 248
extension of stay; application for; 11-333
foreign residence requirement, sec. 212(e),
1952 Act:

alien admitted as spouse of exchange

visitor (J-2); subject to; 11-893
waiver of: see Waiver of foreign resi-
dence requirement; sec. 212(e), 1952
Act

program transfer; request for; 11-33
status, failure to maintain; see Deportation
grounds: status, failure to maintain
suspension of deportation, eligibility for;
sec Suspension of deportation
waiver of foreign residence; see Waiver of
foreign residence requirement, sec. 212
(e), 1952 Act

Exclusion:

Administrative Procedure Act, applicabil-
ity to boards of special inquiry; 4-121

American Indians born in Canada; see
American Indians born in Canada
based on same conduct for which previously
finally excluded; question of new hear-
ing; 12-462

board of special inquiry:

fairness of hearing, unreasonable delay
in disposing of alien's appeal; 2-172
grounds of exclusion; appellate body's
right to lodge additional grounds;
2-406

jurisdiction, loss; when applicant entered
before board's final order; 3-178
temporary exclusion; 8 CFR 175.57; hear-
ing; 3-177

United States citizenship; board's right

to adjudicate; 1-587

burden of proof; 3-777; 5-312

coming to commit a crime, immigrant or
nonimmigrant classification; 2-43;

3-407

conviction during parole; effect on admissi-
bility; 9-143

deportable upon entry; excludability in ab-

sence of specific exclusion ground:
1-293; 2-406; 7-565; 8-128, 291
effect of sec. 245 adjustment of status on
preexisting ground of; 9-548
effect of sec. 249 adjustment of status on
preexisting ground of; 8-288
examining officer, right to cross-examine
alien in exclusion proceedings; 8-24
excluded alien deemed not to have "en-
tered" the United States; 3-543
foreign naval personnel, inspection on ar-
rival; 2-293

grounds; see Exclusion grounds
hearing, fair; mentally incompetent alien;
11-329

hearing, de novo; question of: exclusion
based on same conduct for which previ-
ously finally excluded; 12-462
immigrant or nonimmigrant, determina-
tion of status; 3-379
inadmissibility (sec. 212 (a) (22)), future:
determination of, not germane dep. proc.
on remained longer charge; 12-646
inadmissibility, waiver of, sec. 5, 6, or 7,
1957 Act; continuing effect: 10-1
indictment, admissibility while under;

2-172

inferences from alien's refusal to submit to
cross-examination by examining officer;

8-24

Japanese or Korean national who entered
Hawaii with limited passport; admissi-
bility to mainland; 3--565

legislation enacted during parole of alien;
effect on admissibility; 9-170
mentally incompetent alien; fair hearing;
11-329

motion to reopen proceedings, SIO decision
on; Service right of appeal therefrom;
12-73

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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-
termining; 12-182

bona fide intent to work in U.S.; necessity
of establishing; 11-751
certification

(cook's helper) cannot be made (Schedule B; 29 CFR 60); 11-781

coming to work at 2 different jobs;

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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
petty theft, Texas; 6-435

proviso as to "only one such offense";
6-435; 7-495; 9-218
punishment "actually imposed", deter-
mination of; 8-4

punishment actually imposed less than
6 mos.; maximum sentence provided
by State statute exceeds 1 year;
8-488

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

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