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Citizenship-acquisition at birth-Continued

birth between January 13, 1941, and December 23, 1952-Continued

was not lawful in country where birth occurred, gives child no basis for claiming citizenship under sec. 205, 1940 Act, as illegitimate child of citizen mother; vol. I, p. 301 Philippines, in; father, native

Filipino; mother acquired citizenship under R. S. 1993; applicability of sec. 201 (e), 1940 Act; vol. IV, p. 575 residence, before birth of child, of at least one parent (both acquired under R. S. 1993); temporary visits did not constitute residence; sec. 201 (c), 1940 Act; vol.. IV, p. 418 residence of citizen parent, as prerequisite under secs. 201 (g), (i), 1940 Act; constructive residence; vol. III, p. 652 residence of citizen parent (fath

er) before child's birth; secs. 201 (g) (i), 1940 Act; applicability of sec. 201 (c); vol. IV, p. 424

residence of citizen parent, serv

ice abroad in armed forces, sec. 201 (g), 1940 Act, vol. II, p. 311.

residence of citizen parent who

was under 21 years of age when child was born, vol. II, p. 182, vol. III, p. 794 sec. 201 (g), 1940 Act, legislative history, vol. II, p. 190 sec. 201 (1), 1940 Act (armed forces veteran citizen parent); military service commenced after child's birth; vol. II, p. 799

date citizen parent is deemed to have become resident of U. S.; birth of child before final adjudication of foreign-born citizen parent's original application for admission, vol. III, p. 885

Hawaii, citizenship of citizen parent acquired through birth in; residence in Hawaii before annexation deemed residence in U. S. under R. S. 1993, vol. III, p. 206

loss, through failure to meet retention requirements, see Citizenshiploss: retention requirements Philippines (1896), of Puerto Rican parents; Acts of April 12, 1900 and March 2, 1917; vol. III, p. 286 Puerto Rico, citizenship of citizen parent acquired through birth in; residence in unincorporated territory (Puerto Rico) deemed residence in U. S. under R. S. 1993; vol. I, p. 287

Citizenship-acquisition at birth-Continued Puerto Rico, citizenship of parents

acquired through birth in; child born in Philippines in 1896; Acts of April 12, 1900 and March 2, 1917; vol. III, p. 286

Virgin Islands, birth in, before acquisition by U. S., see Citizenship: Virgin Islands

Virgin Islands, citizen mother born in; child born out of wedlock in Costa Rica; effect of father's naturalization; operation of act of February 25, 1927 as amended by act of June 28, 1932 (Virgin Islands Act); vol. III, p. 870 Citizenship-acquisition by derivation, see Citizenship-derivation (after birth) by child born abroad; Citizenship-derivation by woman through marriage Citizenship-acquisition by woman under act of June 25, 1936, as amended: "status," but not "rights," conferred unless oath of allegiance taken; amendment of July 2, 1940, construed; vol. I, p. 283, vol. IV, p. 723

Citizenship-acquisition through one's own naturalization, see Ineligibility to citizenship; Naturalization Citizenship-derivation

(after birth) by

child born abroad: Rev. Stat. 2172, only partially repealed by sec. 2, act of May 24, 1934 (amending sec. 5, act of Mar. 2, 1907), vol. I, p. 127

Rev. Stat. 2172, operation of, vol. III, p. 645

Rev. Stat. 2172; alien father and U.S.born mother who always was a citizen; parents divorced and custody of child in mother; application of de Coll ruling (37 Op. Atty. Gen. 90 (1933)), vol. III, p. 845 Rev. Stat. 2172, through resumption of citizenship by mother under Act of June 25, 1936; custody of child in mother; effect where oath of allegiance not taken by mother during child's minority, vol. I, p. 127 1907 Act; vol. III, p. 761 1907 Act; by legitimation through marriage of parents when child over 21 years of age; retroactive effect; applicability of sec. 102 (h) of act of 1940, vol. III, p. 225

1934 Act, sec. 2, amending sec. 5, act of Mar. 2, 1907; residential prerequisite thereunder; (Rev. Stat. 2172); effect of repeal by act of 1940 where ctizenship status not acquired before Jan. 13, 1941, vol. III, p. 645

1934 Act, sec. 2, amending sec. 5, act of Mar. 2, 1907, upon father's naturalization in 1935, child admitted to U. S. for permanent residence in 1929, vol. III, p. 470


1934 Act, sec. 2, amending sec. 5, act of Mar. 2, 1907; residence requirement of 5 years; effect of temporary

absence, vol. IV, p. 692 1940 Act, sec. 102 (h), applies only to cases arising under chap. III of that act, vol. III, p. 225

1940 Act, secs. 313 and 314; vol. IV, p. 22

1940 Act, sec. 314; applicability of "savings clause," sec. 347, act of 1940, vol. II, p. 536

1940 Act, sec. 314 (c); custody of child where parents "legally separated," vol. III, p. 850

1940 Act, sec. 314 (c); "legal separation" construed, vol. III, pp. 742, 850

1940 Act, sec. 347; "savings clause;" applicability in derivative cases, vol. II, p. 536, vol. III, p. 645

dual nationals, election to retain U. S. nationality, see Dual national: election to retain U. S. nationality lawful admission for permanent residence, requirement of, vol. III, p. 815

residence requirement under act of 1934, amending act of 1907, vol. III, p. 645, vol. IV, p. 692

resumption of citizenship by mother under act of June 25, 1936; custody of child in mother; effect where oath of allegiance not taken by mother during child's minority, vol. I, p. 127

resumption of citizenship by widowed

mother under act of June 25, 1936; requirement of lawful admission for permanent residence, vol. III, p. 815 Citizenship-derivation by woman through marriage, 1907 Act, deemed "naturalized" citizen, vol. I, p. 429 Citizenship-loss :

abandonment of U. S. citizenship by accepting former citizenship which had been automatically reacquired, vol. III, p. 671

age, as factor, vol. II, pp. 263, 390, vol. III, p. 470

armed forces deserter in wartime, sec. 401 (g), 1940 Act, vol. II, p. 276, vol. IV, p. 540

cancellation of parent's naturalization; presumptive fraud, vol. III, p. 475

denaturalization, through; retroactive

effect ("relation back"), vol. III, p. 275, vol. IV. pp. 373, 702

draft evasion, departing from U. S. or remaining out, see Escape armed forces service, departing U. S. or remaining out, to, under this mainline title


dual national; applicability of election
doctrine to dual national at birth,
vol. I, p. 389, vol. IV, p. 756
dual national who acquired dual na-
tionality after birth, election to re-
tain U. S. nationality, see Dual na-
tional election to retain U. S. na-

dual national; requirement "taking up
residence in U. S. before 23d birth-
day or before Jan. 13, 1943," sec.
401 (a), 1940 Act, vol. I, pp. 24,
476, 496, 502, 536, 548, 596, 685,
vol. II, pp. 6, 124, 598, vol. III, pp.
98, 470, 690, 761

employment by foreign government: Canada:

member of school trustee board, sec, 401 (d) 1940 Act, vol. II, p. 60

stenographer, sec. 401 (d), 1940 Act. vol. II, p. 231 teacher, sec. 401 (d) 1940 Act, vol. I, p. 304

Germany, sec. 401 (d), 1940 Act,
vol. IV, p. 486

Italy, teacher, sec. 401 (d) 1949
Act, vol. IV, p. 521

policeman, sec, 401 (d) 1940
Act, vol. II, p. 363
teacher, forest ranger, sec.
401 (d) 1940 Act, vol. II,
P. 57

escape armed forces service, departing U. S. or remaining out, to, sec. 401 (j), 1940 Act, vol. II, pp. 276, 378, 419, 861, 910, vol. III, pp. 141, 347

intent, vol. II, 307

knowledge of expatriative effect of

one's acts as factor, vol. III, p. 558 legitimation of child who previously had acquired through citizen mother sec. 205, 1940 Act, vol. III, p. 485, vol. IV, p. 440

naturalization, foreign, during minority, through one's father's, vol. II, 427, vol. III, p. 690

naturalization in one's own right in a foreign state during minority, sec. 2, 1907 Act, vol. I, p. 329 oath of allegiance to foreign state. by (see also Oath of allegiance): involuntary military service, incident to; vol. III, pp. 586, 701 sec. 2, 1907 Act, minor; confirmation after reaching majority, vol. II, p. 789, vol. IV, p. 22

sec. 2, 1907 Act, vol. I, pp. 548,

673, vol. II, pp. 60, 263, 296, 789, 908, vol. III, p. 701, vol. IV, p. 22

sec. 401 (b), 1940 Act, vol. I, pp. 317, 558, 596, vol. III, p. 470


proof; burden; degree; vol. III, pp. 141, 586

reacquisition of former citizenship, automatic; by resumption of foreign residence; voluntary acceptance; sec. 2, 1907 Act, vol. III, p. 671

reacquisition of former citizenship by treaty, Norway, vol. III, pp. 98, 668 renunciation of U. S. citizenship, formal; vol. II, p. 401, vol. III, p. 110

residence abroad by naturalized citizen, through:

computation of period of residence, secs. 404, 409, 1940 Act, vol. IV, p. 321

effective date of expatriation,

secs. 404, 406, 1940 Act, vol. III, p. 860

exemption based upon absence abroad representing U. S. business concern, secs. 404, 406, 1940 Act, vol. III, p. 253 meaning of "en route" to U. S.; delay incident to travel, secs., 404, 409, 1940 Act. vol. II, pp. 816, 889.

sec. 2, 1907 Act. vol. I, pp. 398, 429, 464, 563, 587

secs. 404, 409, 1940 Act. vol. II,

pp. 816, 889, vol. III, pp. 470, 668, vol. IV, pp. 45, 421

sec. 404 (b), 1940 Act, not applicable to former native born citizen repatriated under sec. 323, 1940 Act, as amended by act of Aug. 7, 1946; vol. IV, p. 248 treaty between Lithuania and

U. S. (1938); overcoming presumption of loss, vol. IV, p. 321 treaty between Norway and U. S. (1869); intention to remain away from U. S., vol. III, p. 668 retention requirements, dual nationals who acquired duel nationality after birth, election to retain U. S. nationality, see Dual national: election to retain U. S. nationality

retention requirements, dual nationals requirements of sec. 401 (a), 1940 Act, see Dual national, under this main-line title

retention requirements, secs. 201 (g), (h), (i), 1940 Act, failure to fulfill:

arrival in Aleutian Islands before, but on mainland after, 16th birthday, vol. IV, p. 360 arrival on 16th anniversary of birth, vol. IV, p. 617

delay not result of own inaction or lack of diligence, vol IV, p. 639.


revocation of naturalization:
deportability on basis of, proceed-
ings begun before naturaliza-
tion, vol IV, p. 327
"relation back" doctrine, vol. III,
p. 275, vol. IV, pp. 373, 702
service in foreign armed forces:
after U. S. citizenship already
was lost, vol. I, p. 272

age, as factor, sec. 401 (c), 1940
Act. vol. III, p. 470

begun before January 13, 1941
and continued thereafter; vol-
untariness; sec. 401 (c), 1940
Act; vol. II, p. 304
Canadian Officers' Training Corps
not deemed "armed forces," sec.
401 (c), 1940, vol. II, p. 346
Canadian University Air Training
Corps not deemed "armed
forces," sec. 401 (c), 1940 Act,
vol. II, p. 455

duress, sec. 401 (c), 1940 Act,
vol. IV, p. 57

executive agreement with Can-
ada; applicability to dual na-
tional, vol. II, p. 783
executive agreement with Mexico,
as "law of U. S.," vol. II, p.

Italy, 1943; one is charged with
knowledge of law and conse-
quences of one's acts; vol. III,
p. 558

sec. 401 (c), 1940 Act, vol. III, p. 558, vol. IV, p. 248 University Air Training Corps of Canada; whether deemed "armed forces," sec. 401 (c), 1940 Act, vol. II, p. 455 voluntariness, 1907 Act, vol. III, p. 701

voting in foreign election or plebi

scite :

age, below legal voting; as defense; Mexico, vol. III, p. 829 Dominion plebiscite as to sale of wine and beer; Canada; vol. II, p. 427

intent; unawareness of U. S. citizenship, sec. 401 (e), 1940 Act, vol. IV, p. 528

municipal officials, for; Canada;

vol. II, p. 440

prior to Jan. 13, 1941; vol. I,

p. 536, vol. III, p. 107

sec. 401 (e), 1940 Act; vol. I, pp.

239, 267, vol. II, pp. 82, 427, vol. III, pp. 829, 890, vol. IV, p. 486

sec. 401 (e), 1940 Act; Mexico; commissar of agrarian community or ejido; political character, vol. III, p. 890

war, while U. S. at; vol. III, pp. 253, 296, vol. IV, p. 398

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crime charged, use in determining; New York, vol. IV, p. 241 defined, vol. II, p. 357 expungement, deportability after; California; vol. IV, p. 265 foreign crime, vol. II, p. 520, vol. III, p. 3

includes statements of court on sentencing, vol. IV, p. 490 indictment portion, as to greater

offense, disregarded when lesser
offense pleaded, vol. II, p. 526,
vol IV, p. 241
introduction precludes inquiry
outside; vol. III, p. 641
moral turpitude, use in determin-
ing; vol. I, p. 540, vol. II, p.
213, vol. III, p. 193
outside evidence as to permanen-
cy of taking (Canadian theft
cases); vol. II, p. 22, vol. III,
p. 723

outside evidence incompetent to
show innocence, vol. I, p. 540
outside evidence to establish na-
ture of crime, vol. III, pp. 502,
outside evidence, use; discretion-
ary relief; vol. III, pp. 792, 804
pleading to lesser offense, vol. I,
p. 520

U. S. Military Court, Germany, by; as conviction in U. S., vol. IV, p. 21 Country to which deportable, see Place of deportation

Crewman, see Seaman

Crime (see also Conviction of crime; Crime, admission of commission; Crimes involving moral turpitude; Moral turpitude; Pardon; Sentenced to imprisonment) :

admission of commission, see Crime,
admission of commission
attempt to commit:

intent is always included in at-
tempt, vol. II, p. 735
moral turpitude inheres when
substantive crime involves
moral turpitude, vol. I, p. 194
city ordinance, violation of, neither
crime nor misdemeanor, vol. II, p.

coming to the United States to commit; immigrant or non-immigrant classification; vol. II, p. 43, vol. III, p. 407

committed within five years after entry, sentenced for a year or more; vol. II, p. 631

conviction, see Conviction of crime duress or fear, as defense; vol. III. p. 350

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specified in Federal statutes as a crime, vol. III, p. 76

fornication, distinguished from open lewdness, vol. III, p. 791

juvenile delinquency, see Juvenile delinquency

moral turpitude, determination of, see Moral turpitude

moral turpitude, list of crimes with respect to, see Crimes involving moral turpitude

pardon, see Pardon

perjury, when offense has been established, vol. III, p. 823

political offense, 1917 Act, sec. 3, 2d proviso, vol. IV, p. 108

political-religious basis for conviction;
Jewish person in Germany; vol. I,
P. 47

prior to entry, effect where sentence
suspended after conviction on plea
of guilty, vol. III, p. 569
record of conviction, see Conviction of
Crime record of conviction
sentenced to imprisonment, see Sen-
tenced to imprisonment

Crime, admission of commission:

adequacy; in absence of adjudication when, on same set of facts, alien was convicted of lesser crime, vol. IV, p. 159

adequacy; rules; vol. I, pp. 101, 121, 225, 346, 355, 422, 450, 553, 581, 669, vol. II, pp. 175, 285, vol. III, pp. 10, 76, 360

adultery; as deportation or exclusion

basis; vol. III, p. 168

attempt to smuggle (19 U. S. C. 1953), vol. I, p. 553

Crime, admission of commission-Con. bigamy:

Connecticut, New York, vol. III, p. 632

Mexico, vol. I, p. 525, vol. III, pp. 10, 136

Texas, vol. I, p. 229

conviction of lesser crime not involving moral turpitude; effect; vol. IV, p. 159

definition, necessity for furnishing, in absence of conviction record or plea of guilty, vol. IV, p. 252

denial, after admission, effect of, vol. IV, p. 159

dismissal of criminal action, effect of

later independent admission, vol.
III, p. 623

exclusion proceedings, vol. III, p. 3

common law; Federal offense;
vol. III, p. 126

passport, application for ; not specified in statutes as crime; vol. III, p. 76

reentry permit; necessity for reading sec. 22 (c), 1924 Act, to alien; vol. III, p. 126 fraud, necessity for definition, vol. I, p. 118

guilty, plea of:

constitutes "admission"; vol. I. p. 96, vol. II, p. 705

effect of subsequent dismissal, vol. I, p. 96

made prior to entry; convicted after entry; vol. IV, p. 373

to lesser offense, Florida, vol. II, p. 477

incest, vol. I, p. 525

independent admission following court disposal of similar offense, vol. III, p. 236

juvenile delinquency distinguished see Juvenile delinquency

perjury (see also Crimes involving moral turpitude: perjury):

distinguished from violation sec. 36 (c) Alien Reg'n Act. of 1940, vol. I, p. 17

oath not required by law, effect when; vol. I, p. 422

prior hearing which was technically invalid, use of admission made in ; vol. IV, p. 765

qualification of previous admission, subsequent; vol. I, pp. 359, 450 rape; when grand jury dismissed complaint re crime admitted; vol. III, p. 833

statute, necessity that offense be declared crime by statute; vol. I, p. 553

theft, in Canada; permanency of taking; vol. II, pp. 22, 238, 519, 722, 795, 864, 887, vol. III, p. 723

Crime, admission of commission-Con.

where read from plea, vol. I, pp. 96, 572, vol. II, p. 705

Crimes involving moral turpitude (see also Crimes; Juvenile delinquency; Moral turpitude):

abandonment of minor child:

New York; Penal Laws, sec. 480; vol. II, p. 553

various states and Canada, vol. II, p. 553

Wisconsin, sec. 351-30; vol. IV p. 192

abatement of nuisance, place for pros

titution; Massachusetts; vol. III,

p. 168

abortion, New York; vol. II, p. 525 adultery, Massachusetts, vol. III, p. 168

armed robbery, Mass., Ann. Laws, chap. 277, sec. 3 and chap 265, sec. 17; vol. IV p. 512

assault :

aggravated; discussion; vol. II, p. 747

California, vol. I, 352

California, with deadly weapon, Penal Code, secs. 240, 245; vol. II, p. 733

Canada, indecent; carnal knowledge; vol. III, p. 562

Connecticut, aggravated vol. I, p. 446, vol. III, p. 193 Connecticut, with deadly and dangerous weapon, vol. I, p. 446, vol. III, p. 193

dangerous weapon, with; vol. I, p. 521, vol. II, p. 734, vol. III, p. 198

Florida, with intent to commit manslaughter, vol. II, p. 477 Germany; of a policeman, vol. IV, p. 301

Germany; with weapon (knife); sec. 323 (a); vol. IV, p. 26 intent to do grievous bodily harm, with; vol. I, pp. 52, 446, vol.

II, pp. 193, 733, vol. III, p. 7 intent to murder, to rob, to inflict bodily harm, with; vol. II, p. 747

intent to procure miscarriage, with; vol. II, p. 528

Italy; and serious injury by shooting with pistol, vol. II, p. 821 Michigan, with intent to do grievous bodily harm less than murder; chap. 286a, title 28, sec. 28.279, vol. III, p. 5 Minnesota, 2d degree, Mason's Minn Stats., sec. 10098; vol. I, p. 52, vol. III, p. 193 New York, 2d degree, Penal Code, sec. 242, vol. I, p. 54; vol. II, p. 525

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