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Index

Cumulative for Volumes I, II, III, and IV

Ab initio : annulment of marriage for fraud (N. Y.), effect on nonquota immigrant status, vol. III, pp. 25, 102 cancellation of naturalization, “relation back" doctrine, vol. III, p. 275, vol. IV, pp. 373, 702 Abandonment and nonsupport statutes, historical evolution, vol. II, pp. 134, 554 Abandonment of application for admission; loss of jurisdiction by board of special inquiry, vol. III, p. 178 Abandonment of minor child; moral turpitude; see Crimes involving moral turpitude

Abandonment of United States citizenship,

see Citizenship-loss

Abatement of nuisance, place resorted to for prostitution, Mass., chap. 136, secs. 4, 5; vol. III, p. 168

Abortion:

assult with intent to commit, New York, vol. II, p. 525

drug to produce, Massachusetts, vol. II, p. 203

Absence, expatriative effect of (See also Citizenship-loss); World War I veteran, naturalized, vol. III, p. 668 Absence, temporary (See also Residence) : derivative citizenship, Act May 24, 1934, sec. 2; 5-year residence requirement; effect of temporary absence; vol. IV, p. 692

domicile, effect on; 7th proviso, vol. I, p. 631

literacy requirement on return, vol. I, p. 639

literacy requirement on return, legal resident of Hawaii absent more than six months in Guam; Puerto Rican seeking admission to the mainland; vol. III, p. 159 naturalization benefits, 1940 act, sec. 307 (b), timeliness of application; "employed", construed; vol. IV, p.

196 naturalization benefits, 1940 act, sec.

308; missionary not regularly ordained clergyman or nun; organization not connected with a particular denomination; vol. III, p. 649

repatriation of married woman under Act June 25, 1936, as amended, meaning of clause, "residing continuously," vol. IV, p. 723

Accompanying husband/father, determination of nationality of wife and child when husband/father excluded under 8 C. F. R. 175; vol. III, p. 613 Acquisition of citizenship (see also Citizenship):

1940 Act, sec. 201 (g), residential requirements of citizen parent, vol. II, p. 803

1940 Act, sec. 201 (i), legislative history, vol. II, p. 804

Virgin Islands, 1927 Act, as amended

by 1932 Act; vol. III, p. 870 when acquired by minor, vol. I, p. 330. Act of Dec. 28, 1945 (P. L. 271, 79th Cong.), adopted children; legislative history; vol. III, pp. 41, 131 Addict:

definition, vol. II, p. 474

distinguished from user, vol III p. 620 evidence, where alien sentenced to

narcotic farm or hospital for treatment, vol. II, p. 473

Adjacent island, preexamination (8 C. F. R. 142), Jamaica, B. W. I.; vol. III, p. 704. Adjournment of Congress, finality of action in suspension proceedings; Attorney General's right to withdraw case; vol. II, p. 415 Adjudication of citizenship, court decree as to birthplace, vol. III, p. 237 Adjudication of nationality, not citizenship, issuance of passport or letter of identity, Guam, Samoa, vol III, pp. 589, 729

Administrative decision, whether res judicata, vol. III, p. 577

Administrative decisions, guidance on questions of law by court decisions, vol II, pp. 658, 849 Administrative discretion, see Discretionary relief

Administrative Procedure Act:

hearings in exclusion proceedings, effect on, see Exclusion

hearings in expulsion proceedings, effect on, see Deportation: Administrative Procedure Act Admissibility under immigration laws (see also Exclusion):

compliance with laws at time of application for admission, vol. II, p. 172 effect, where alien is under indictment, vol. II, p. 172

Admission, application for, abandonment; when alien enters while case pending before board of special inquiry, vol. III, p.

178

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 Mainland, Japanese or Korean nationals who entered Hawaii with laborers' passport, vol. III, p. 565 Admission under 1924 Act, sec. 14; child admitted temporarily when under 16 who has United States citizen parent; vol. III, p. 815.

Adopted child:

Chinese, vol. III, p. 134

citizen veteran of World War II, of; Act of December 28, 1945 benefits; vol. III, p. 131

Adoption:

California, vol. III, p. 743

validity of, evidence, vol. III, p. 608 Adulterous relationship, discretionary relief, vol. II, pp. 840, 876, 892, vol. IV, p. 480 Adultery:

admission of commission, without con-
viction, not exclusion or deportation
basis, vol. III, p. 168
moral turpitude, whether crime in-
volving, see Crimes involving moral
turpitude

Advance exercise of 7th proviso, see Seventh proviso, Act of 1917, sec. 3 Affiliation, subversive ground of exclusion or deportation, see Subversive

Afghan, racial eligibility to citizenship, vol. II, p. 253

Age limitation, expatriation, vol. III, p. 470

Aggravated assault (battery) see Crimes involving moral turpitude Agricultural laborer:

admissibility although previously deported and not granted consent to reapply for admission, vol. I, p. 624 suspension of deportation, when granted, vol. II, p. 751

Air carrier:

applicability of fine under sec. 16, 1924
Act; vol. III, p. 476
regulations by Attorney General re-
lating to immigration laws, 8 C. F.
R. 116; vol. III, p. 260

Air Commerce Act of 1926, secs. 7 (d) (3),
10 (b); vol. III, p. 476
Aircraft, passenger manifest, 1917 Act, sec.

14, 8 C. F. R. 116.8 (b); vol. III, p. 259 Alien contract laborer, excludability see Exclusion grounds: contract labor

Alien registration:

evidence from alien registration form, admissibility, deportation proceedings, vol. IV, p. 475

false statement, under oath, to U. S. vice consul, vol. I, p. 16

false statements in connection with, 1940 act, sec. 36 (c); vol. II, pp. 353, 820

[blocks in formation]

Amendment of record of entry to show admission for permanent residence, see Entry record, amendment or correction, to show admission for permanent residence American Indians born in Canada:

definition, "Canadian Indians," Act
April 2, 1948; vol. I, p. 309, vol. III,
pp. 191, 300
deportability and excludability, vol. I,
p. 600, vol. III, p. 300

deportability on grounds other than
those arising after entry, vol. III,
p. 300

effect of forfeiture of political status
as Indians in Canada, by marriage,
sec. 14, Canadian Indian Act, vol.
III, p. 191
ethnological test under Act of April 2,

1928, vol. III, p. 191, vol. IV, p. 458 half-Indian blood, those of, not en

titled to benefits, Act April 2, 1928; vol. IV, p. 458

syphilis at time of entry, afflicted with, deportability, vol. I, p. 600 American merchant vessel on high seas, birth on, acquisition of citizenship, vol. III, p. 677

American Samoa, Swain's Island, noncitizen nationality, vol. II, p. 778, vol. III, pp. 589, 729

Anarchistic organization, see Subversive
Annulment: (See also Marriage) :

foreign marriage, by court in United
States:

New York, effect on nonquota status at time of entry, "Gigolo" Act of March 14, 1937; vol. III, pp. 25, 102 Pennsylvania, vol. II, p. 354 Washington, D. C., ab initio effect

on nonquota status at time of entry; vol. IV, p. 345

legally separated by, Czechosolvakia ; custody of child in connection with, 1940 Act, sec. 314 (c); vol. III, p. 850

Texas, ab initio, vol. III, p. 528

Appeal:

board of special inquiry decision, from:

ground not advanced by board of

special inquiry, appellate

body's right to consider, vol. I, p. 321

mental or physical condition not presently existing; prior insanity; vol. II, p. 127 hearing officer's findings, from: denial of application for voluntary departure not appealable when alien had not resided in U. S. 5 years at time of service of warrant, vol. IV, p. 680.

Appeal-Continued

hearing officer's findings, from--Con. must be from specific findings of fact and conclusions of law as to deportability, to confer jurisdiction on Board of Immigration Appeals, vol. IV, p. 680 Service's decision, from:

absence of warrant proceeding, in; on motion; Board of Immigration Appeals' jurisdiction (8 C. F. R. 90.3, 142.2); vol. III, p. 704

motion, on; fine matter; extension of time for appeal; vol. III, p. 167, 223

motion to reconsider or reopen ; Board of Immigration Appeals' jurisdiction (8 C. F. R. 90.10, 90.9 (b)), vol. III, pp. 167, 223 timeliness (8 C. F. R. 90.0(b)), vol. III, pp. 167, 223

Application for admission to United States:

abandoned or withdrawn,

deemed, vol. III, p. 178

when

return after previous arrest and deportation, where alien returned before 1929, vol. II, p. 180, vol. III, p. 76

United States citizenship, who deter

mines claim of, vol. I, pp. 581, 588 Armed forces of a foreign state, service in; ground of expatriation see Citizenshiploss service in foreign armed forces Armed forces of United States:

"Honorableness" of discharge when dishonorable discharge followed honorable one, vol. IV, p. 622

Army deserter:

departure to avoid duty; exclusion ground, see Exclusion ground: departure to avoid armed forces duty expatriation for desertion in wartime,

see Citizenship-loss: armed forces deserter in wartime

expatriation for departing from U. S. or remaining out to evade service, see Citizenship-loss: escape armed forces service, departing U. S., or remaining out

Arriving from foreign, 1924 Act, sec. 20, vol. III, p. 876

Arson, moral turpitude, see Crimes involv

ing moral turpitude

Asiatic barred zone, discussed, vol. III, p. 304

Assignation, house of, distinguished from

house of prostitution, vol. III, p. 199 Assault (also assault and battery) see Crimes involving moral turpitude Assisting a prostitute, deportation ground, see Deportation grounds: prostitution Assumed name, obtaining visa under, deportation for, see Deportation ground: visa charge

Attempt to commit crime (see also Crimes involving moral turpitude):

moral turpitude involved where crime attempted so involved, vol. I, p. 506, vol. II, p. 141

Australia, Children's Welfare Act and Children's Court Act, vol. II, p. 368 Austria-Hungary, portion which later became Poland, presently under control of U. S. S. R.; place of deportation, vol. III, p. 575 Austrian citizenship, reacquisition, vol. I, p. 432

B

Bad checks (France); vol. III, p. 278 Barred zone, 1917 Act, sec. 3; vol. I, p 174 Bastardy, vol. I, p. 186, vol. II, p. 138 Bawdyhouse, keeping, Canada, vol. II, p. 703, vol. III, p. 231

Bigamy:

elements constituting, see Crimes involving moral turpitude: bigamy moral turpitude, see Crimes involving moral turpitude: bigamy

Birth certificate, upon decree of court, evidentiary value, vol. III, p. 237 Birth in United States, passport as proof, vol. III, p. 680

Board of Immigration Appeals:

appeal, deportation cases, vol. IV, p. 680

appeal from Central Office decision, fine matter; timeliness, 8 C. F. R. 90.9 (b)) vol. III, p. 223

appeal from Central Office decision, exclusion matter; timeliness, (8 C. F. R. 90.9 (b)) vol. III, p. 167 jurisdiction; question of fact, when case involves; return of case by Attorney General; vol. III, p. 154 jurisdiction re preexamination, in ab

sence of warrant proceedings (8 C. F. R. 90.3, 140.2); vol. III, p. 704 jurisdiction to review decision below,

as to citizenship of claimant to U. S. citizenship seeking admission; vol. I, p. 588

motion to reopen, jurisdiction; vol. IV, p. 733

power to pass upon constitutionality of statutes, vol. IV, p. 556 Board of special inquiry, see Exclusion Bona fide seaman, see Seaman Bond, delivery:

expulsion proceedings, breach for fail-
ure to surrender; demand to sur-
render made impossible by alien;
vol. III, p. 811

expulsion proceedings, breach for fail-
ure to surrender; departure of alien
prior to demand to surrender; vol.
IV, p. 34
responsibility of indemnitor of surety,
upon demand for alien's delivery,
1917 Act. sec. 20; vol. III, p. 862

Border crossing card:

constructive possession, vol. III, p. 136

lieu document for visa, vol. III, p. 312

resident's card not valid when holder is not employed in, or resident of, U. S.; vol. III, p. 519

Breaking and entering (see also Crimes involving moral turpitude:

Canada:

intent to commit an indictable

offense, with; vol. II, p. 686 theft as part of offense; evidence as to permanency of taking; vol. II, pp. 319, 503, 887 New York:

intent to commit crime, with; vol. II, p. 721

Der se, crime does not involve moral turpitude, vol. II, p. 504

Breaking prison:

New Jersey, by force or fraud, vol.
II, p. 871

Pennsylvania; and escaping; vol. II,
p. 874

Bringing immigrant without visa, administrative fine for, see Fine: immigrant visa, bringing immigrant who lacked Buggery, see Crimes involving moral turpitude

Burden of proof:

citizenship, exclusion proceedings, vol. III, pp. 141, 680

deportation proceedings, vol. I, p. 68, vol. III, p. 444

exclusion proceedings, vol. III, pp. 141, 680, 777

proscribed character of organization, vol. III, p. 736

reasonable diligence, fine proceedings, bringing immigrant without visa, vol. III, p. 111

Burglary, moral turpitude, see Crimes involving moral turpitude

Burglary tools, possession, moral turpitude, see Crimes involving moral turpitude

Business, temporary visitor for, see Visit

or:

C

Canadian citizenship, loss under Canadian Naturalization Act of 1914, vol. I, p.

498

Canadian Indians, see American Indians born in Canada

Canadian Juveniles, defined, vol. II, pp. 319, 518, vol. III, p. 723

Canadian narcotic statute; criminal, not merely regulatory, vol. II, p. 603 Canadian national, defined, Canadian Nationals Act of 1921 (Rev. Stat., 1927, ch. 21), vol. I, p. 560

Canadian nationality:

British subjects, not necessarily nationals of Canada, vol. II, p. 232

Canadian nationality-Continued

minor, acquisition by, vol. I, pp. 25, 329, 476, 685

involuntary acquisition, vol. I, pp. 476,
496, 685

presumption of loss by residence
abroad (Canada Rev. Stat. 1927, ch.
93); vol. I, p. 560
renunciation, vol. I, p. 560

Canadian Officers' Training Corps:

armed forces of foreign state, not;
1940 Act. sec. 401 (c); vol. II, p.
346

Canadian armed forces, not part; vol.
II, p. 457

Canadian University Air Training Corps, not part of Canadian armed forces, vol. II, p. 456

Cancellation of naturalization, see Citizenship-loss: revocation of naturaliza

tion

Carnal abuse or carnal knowledge, see Crimes involving moral turpitude Carrier's liability for fine, see Fine Certificate of citizenship:

birth abroad, 1925, citizen mother and alien father; citizenship acquired through mother in 1937 when, at divorce, she acquired custody (de Coll principle); whether this constituted naturalization as contemplated by 1940 Act, sec. 339, vol. III, p. 845

birth Philippines, 1896, Spanish parents born in Puerto Rico; citizenship acquired under Act of March 2, 1917 (Puerto Rican citizenship act) in own right and not as contemplated by 1940 Act, sec. 339; vol. III, p. 286

Certificate of lawful entry; racial eligibility to naturalization, 1940 Act, sec. 328 (b), vol. III, p. 304

Certificate of naturalization; child who acquired citizenship by statuatory declaration (Virgin Islands), vol. III, p. 870 Child:

adopted, validity of adoption, beneficiary of Act Dec. 28, 1945, vol. III, p. 608

birth on high seas on American merchant vessel, not birth in U. S., vol. III, p. 677

born out of wedlock:

acquisition of citizenship, volume III, p. 794

birth in 1917, mother native of Virgin Islands, 1927 Act as amended, vol. III, p. 870 legitimation of (see also Legitimation) State court decree, Tennessee, vol. III, p. 657

citizenship:

acquisition at birth abroad, see Citizenship-acquisition

Child Continued

citizenship Continued

derivation after birth by child

born abroad, see Citizenshipderivation

custody, conflict of state laws, vol. III, p. 845

nonquota immigrant (see Nonquota immigrant

under 16, admitted under 1924 act,

sec. 14, vol, III, p. 815

unmarried minor, nonquota status under sec. 4 (a) 1924 Act, effect of marriage before entry, vol. III, p.

528

Chinese :

adopted children, vol. III, pp. 134, 608 quota status, effect of Act of Dec. 17,

1943, upon secs 4 (a) and 6 (a) (1) (A), 1924 Act, vol. IV, p. 552 secondary wife, child of; acquisition of citizenship; burden of proof; vol. III, p. 689

treaty trader; status, sec. 3 (6), 1924 Act; substantial trade requirement; vol. III, p. 517

Citizenship (see also National, noncitizen, of United States):

acquisition see Citizenship-acquisition
burden of proof in exclusion proceed-
ings, vol. III, p. 141

certificate of, sec. 339, 1940 Act, see
Certificate of citizenship
Convention between Great Britain and
United States, vol. 1, p. 129
derivation see Citizenship-derivation
election doctrine; applicability to dual
nationals at birth, vol. IV, p. 756
(see also Dual national: election to
retain U. S. nationality)

evidence of birth in United States:

burden of proof; U. S. passport as evidence, vol. III, p. 680

decree of court as to birthplace, vol. III, p. 237

false or fraudulent claim, vol. III, pp. 71, 623

Hawaii, birth in, prior to annexation by U. S., vol. III, p. 206

high seas, birth on, on American vessel, vol. III, p. 679

ineligibility to, see Ineligibility to citizenship

legitimation of child born out of wedlock (see also Legitimation), retroactive effect, vol. III, p. 225, vol. IV, p. 354

presumption of continuation of original, vol. II, p. 382

Philippine Islands, vol. III, p. 404 Puerto Rico, birth in 1895, for whom alien parents opted for Spanish nationality, vol. IV, p. 29

reacquisition, see Naturalization: repatriation

restoration, see Naturalization: repatriation

Citizenship Continued

retention, see Citizenship-loss; Dual national election to retain U. S. citizenship

termination of, see Citizenship-loss Virgin Islands, birth in, before acquisition by U. S.; Act of 1927 as amended by Act of 1932; vol. III, p. 719

woman, U. S. citizen; effect of her acquisition of foreign citizenship through marriage, upon her U. S. citizenship; vol. III, p. 107 Citizenship-acquisition at birth, by child born abroad:

birth before May 24, 1934:

father, also, born abroad, but
grandfather born in U. S.:

R. S. 1993, Vol. I, p. 558, vol.
III, page 885

mother, U. S. native who lost
citizenship through marriage
to subject's alien father, but
mother's citizenship restored
by Act of June 25, 1936, vol. I,
p. 127

out of wedlock; alien mother; natural father, U. S. citizen; retroactive effect of legitimation, vol. IV, p. 354

residence in U. S., prior, of citizen parent; permanent character of residence; vol. I, p. 40

residence in U. S., prior, of citi zen parent; birth of child while parent's application for admission awaited final adjudication; vol. III, p. 885

residence in U. S., prior, of citizen parent, presence in Puerto Rico as "residence," vol. I, p. 287

birth between May 24, 1934 and January 13, 1941:

citizen at birth, subject to di

vestiture, R. S. 1993, as amended by Act of May 24, 1934, vol. I, p. 464

out of wedlock, effect of sec. 205, 1940 Act, vol. IV, p. 440 retention requirement, see Citizenship-loss: retention require

ment

birth between January 13, 1941 and December 23, 1952:

out of wedlock, acquisition through mother; subsequent legitimation; expatriative effect (alien father): vol. III, p. 485, vol. IV, p. 440

out of wedlock, but later legitimated; acquisition only under sec. 205, 1940 Act; effect of secs. 201 (g), (i), 1940 Act; volume III, p. 794

out of wedlock; fact that parents' marriage, lawful in U. S.,

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