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 Is lands 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 Citizenship-derivation-Continued 1934 Act, sec. 2, amending sec. 5, act 1940 Act, secs. 313 and 314; vol. IV, 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 Citizenship-loss-Continued dual national; applicability of election dual national; requirement "taking up 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, Italy, teacher, sec. 401 (d) 1949 policeman, sec, 401 (d) 1940 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 Citizenship-loss-Continued 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), arrival in Aleutian Islands before, delay not result of own inaction Citizenship-loss-Continued revocation of naturalization: age, as factor, sec. 401 (c), 1940 begun before January 13, 1941 duress, sec. 401 (c), 1940 Act, executive agreement with Can- Italy, 1943; one is charged with 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 plebiscite : 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; 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- outside evidence incompetent to 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, intent is always included in at- 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 expungement, see Pardon forgery, passport application, not 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; prior to entry, effect where sentence 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 forgery: 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 crinre 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 griev ous 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 |