Deportation grounds-Continued entry without inspection-Continued see Deportation grounds, entry physically present for inspection, seaman, applicability to; vol. I, within city limits where port of existing at time of entry, see Ex- Act; Foreign Agents' Registration absence of evidence of fraud; admission, as wife of veteran annulment of foreign marriage head tax, failure to pay, vol. II, p. 250 Act Feb. 18, 1931, as amended; employed at place frequented by managing house, found; vol. II, managing house, found; house of practicing; single act for gain by previously deported in connection proximity of proscribed acts to sharing prostitute's earnings, vol. timely service of warrant of ar- public charge, became, within five demand for payment, necessity for; vol. II, pp. 538, 694 p. 323 state hospital for criminally in- remained longer; seaman; departure smuggling aliens for gain; 1940 Act; foreign government official, sec. 3 Deportation grounds-Continued subversive, see Subversive Exclusion visa charge (see also entry as naturalized citizen but error of judgment, no fraud; sec. 4 (d) visa, as professor; vol. IV, p. 532 not nonquota as specified in visa; nonquota visa issued to quota immigrant; error of judgment, vol. IV, p. 532 fraud or misrepresentation : annulment of marriage of woman admitted as wife of armed forces member; Act of Dec. 28, 1945, vol. IV, p. 345 concealment of criminal rec ord, vol. III, pp. 278, 641 concealment of prior arrest and deportation, vol. III, p. 662 displaced person who did not accept employment offer, and settled in city other than that specified, vol. IV, p. 663 failure to disclose true mari tal status in application Wife admitted nonquota un- Depositing letter threatening to injure another's person, vol. II, p. 198 Depositing slug in coin box, New York, Penal Laws, sec. 1293 (c); vol. II, p. 235 Derivative citizenship, see Citizenshipderivation (after birth) by child born abroad Citizenship-derivation by wonran through marriage Deserter from armed forces in wartime, 8ee Citizenship-expatriation: armed forces deserter in wartime; Exclusion grounds: departure to avoid armed forces duty Destruction of property, Canada, vol. II, p. 686 Detention order; fine for violation, see Fine: detention or delivery Diligence, due; mitigation or remission of fine based upon; see Fine: immigrant visa, bringing immigrant who lacked Dialectical materialism, vol. III, p. 453 (see also Subversive) Discretionary relief (see also Preexamination; Seventh proviso relief; Suspension of deportation; Voluntary departure): bond, breach of; delivery; alien who criminal cases, vol. III, p. 767 enemy alien objector to military serv- fine proceedings; administrative; 1917 Act, sec. 36; vol. III, p. 338 Foreign Agents' Reg'n Act of 1938, as amended, conviction under; vol. III, p. 310 good moral character: adulterous relation, vol. II, pp. 840, 876, 892, vol. IV, p. 480 marital status, adjustment, adulterous relationship, vol. III, pp. 478, 567 requirement, vol. I, p. 611 internee during World War II; former member Italian Fascist Party; vol. II, p. 587 naturalization, misconduct in connection with another's, vol. III, p. 344 perjury in immigration proceedings, vol. II, p. 606 perjury in naturalization proceedings, vol. I, p. 79, vol. II, pp. 595, 700, 712, 905 sabotage, after removal from vessel because of; vol. II, p. 582 seaman, recently arrived; vol. III, p. 869 subversive: Communist party member, for mer; vol. III, pp. 411, 787 excludable as; vol. III, p. 784 Fascist Party; Italian: former member; vol. II, p. 582 proscribed organizations. members and former members: vol. IV, p. 675 Dishonorable discharge: abroad; when return to U. S. as military prisoner not deemed entry; vol. III. p. 536 Dishonorable discharge following honorable one; "honorableness" of discharge; vol. IV, p. 622 Disorderly house, or bawdyhouse; moral turpitude; see Crimes involving moral turpitude Displaced Persons' Act of 1948: ethnic German classification, sec. 12; vol. III, p. 838 destruction of free enterprises, adherents of principles directed toward, vol. IV, pp. 368, 370 misprepresentation, vol. IV, pp. 663, 748 Distributing subversive literature, see Sub versive Divorce: absentia, in; obtained in Germany by applicant for suspension; from wife of prior marriage; desertion ground; validity of marriage in U. S.; vol. I, p. 677 absolute or limited; legal separation; 1940 Act. sec. 314; vol. III, p. 742 conflict of State laws; custody of child; vol. III, p. 845 foreign, comity between nations; vol. II, p. 886 foreign, obtained while either party was domiciled or physically present in U. S. vol. III, pp. 33, 227, vol. IV, p. 610 Mexican; "mail order"; vol. I, p. 679, vol. III, p. 33, vol. IV, p. 610 Doctrine of election, see Dual national adopted child; beneficiary, Act. Dec. child born abroad while legally resi- returning lawful resident, after tem- waiver of visa; secs. 4 (a), 13 (b), 1924 Act; sec. 30, 1940 Act; vol. III, p. 582 wife of citizen veteran of World War II; vol. III, p. 371 "avoid" and "evade” meaning, vol. II, p. 424 distinguished from army deserter, vol. II, pp. 276, 419 exclusion ground, as; see Exclusion grounds departure to avoid armed forces duty expatriation ground, as, see Citizenship-loss: escape armed forces service, departing U. S. or remaining out need for determination of excludability in connection with visa petition, vol. III, p. 376 not liable for military service; effect; vol. II, p. 403 Driving automobile without owner's consent, California, Veh. Code, sec. 503; vol. 1, p. 143 Drug addict, distinguished from mere user, vol. III, p. 620 Dual national: formality of procedure; necessity for definitive choice, vol. II, pp. 124, 428 homestead, acquisition during minority; disaffirmation of sale upon obtaining majority, vol. I, p. 329 oath of allegiance to country of his foreign nationality, vol. III, p. 701 obligation to elect; dual nationality acquired at birth, vol. I, p. 389, vol. II, p. 347, vol. IV, p. 756 obligation to elect, foreign citizenship acquired by U. S. citizen woman by marriage to German in 1934, vol. III, p. 107 passport of his foreign nationality, use of; vol. III, p. 98 Perkins v. Elg (307 U. S. 325), application of; vol. I, p. 685 registration as citizen at U. S. Consulate; brief stay in U. S. two years after reaching majority, followed by return to foreign country for 20 years; vol. I, p. 476 residence abroad, mere; vol. II, p. 428 residence, entering for temporary stay on claim of U. S. nationality long after reaching majority; earlier, while a minor Dual national-Continued election to retain U. S. nationality— Continued presenting birth certificate to Service and, thereafter, maintaining course of conduct consistent with U. S. nationality; vol. II, p. 124 residence, permanent, taking up, in 1926, at age of 27; vól. I, p. 685 voluntariness, vol. I, 551, vol. II, p. 427 voting in Canada after making election to retain; effect; vol. I, p. 536 expatriation of, see Citizenship-loss reach of sec. 401 (a), 1940 Act, persons within; one who already elected U. S. nationality and has abided by such election, vol. I, p. 496 retention requirements, sec. 401 (a), 1940 Act "taking up residence in U. S." before 23d birthday or before Jan. 1, 1943; vol. I, pp. 24, 476, 496, 502, 536, 548, 596, 685, vol. II, pp. 6, 124, 598, vol. III, pp. 98, 470, 690, 761 Due process of law; applicant for admission to U. S.; vol. I, p. 588 Duress; fear, as excuse for perpetrating offense; vol. III, p. 350 E Economic detriment, suspension of deportation factor; see Suspension of deportation Election: distinguished from plebiscite, sec. 401 (e), 1940 Act; vol. II, p. 436 dual national, by; to retain U. S. nationality; see Dual national opting for Spanish nationality; Puerto Rico; vol. IV, p. 29 voting in, as act of expatriation, see Citizenship-loss Employment, abroad; while temporarily absent from U. S.; naturalization; see Absence, temporary Employment, contract labor, see Contract labor Employment, visitors coming for, see Visitors En route to the United States (1940 Act, sec. 404), see Citizenship-loss; residence abroad by naturalized citizen England, Northern Ireland, juvenile delinquency, see Juvenile delinquency Entering a building, unlawfully; New York; moral turpitude, see Crimes involving moral turpitude Entry: at a place not designated; deportation charge; distinguished from entry without inspection; vol. I, p. 617 (see also Deportation grounds) Entry-Continued basis for deportation ground; reentry; materiality of duration of absence and of lack of intention to remain abroad; vol. I, p. 510 burden of proof, on reentry; vol. III, p. 658 deportation grounds based upon, see Deportation grounds false and misleading statement, entry by; deportation ground; see Deportation grounds; entry by false and misleading statement fictitious name, alias, or other name, entry under; legality of; vol. II, p. 644 immoral purpose; concubinage; vol. I, p. 373, vol. III, p. 218 lawful admission for permanent residence, see Lawful admission to the United States for permanent residence naturalized citizen, whose citizenship was cancelled after; "relation back"; vol. III, p. 275, vol. IV, p. 373, 702 prejudicial to U. S. interests, see Exclusion ground: entry prejudicial to U. S. interests records; errors; legality; vol. II, p. 644 reentry, vol. I, p. 4 under 1917 Act, as distinguished from 1924 Act; vol. III, p. 632 Virgin Islands to; prior to July 1, 1948; vol. I, p. 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, while member of; vol. IV, p. 126 drunk, following departure of which he excluded alien who is permitted to so- knowledge of foreign stops, en route return from foreign country, every; exceptions; vol. III, p. 481 born during temporary absence from U. S. of lawful permanent resident mother; vol. III, p. 215 erroneously admitted as U. S. citizen, vol. III, p. 262 erroneously admitted under Quota Act of 1921, exemption 9; vol. III, p. 815 quota exhausted before charge could be made (1923); vol. III, p. 391 reentry as treaty trader; previous lawful admission for permanent residence, vol. II, p. 834 suspension of deportation, see Suspension of deportation Entry without inspection; deportation ground; see Deportation grounds; entry without inspection Escape from custody of sheriff, without force or violence, New Jersey, vol. II, p. 873 Escaping (evading) military service see Citizenship-loss: escape armed forces service, departing U. S. or remaining out; Exclusion grounds: departure to avoid armed forces duty Evidence: admission made in prior invalid hearing, vol. IV, p. 765 birth in U. S.: court decree, as; vol. III, p. 237 passport, as; vol. III, p. 680 citizen of U. S. prior admission as; weight; vol. II, p. 428 conduct, weight given prior; vol. II, p. 384 discrepancies, testimonial; on issue of relationship; vol. III, p. 608 discretionary relief, see Discretionary relief election by dual notional, see Dual national exclusion proceeding; rules governing fair hearing; vol. II, p. 469 (see also Exclusion) expulsion proceeding, see Deportation public charge, nature and quantum of evidence that alien will become, vol. III, p. 644 record of conviction, see Record of conviction refusal of alien to testify at warrant hearing; effect when claim of unfairness was later advanced, vol. IV, p. 556 self-incrimination, privilege against, vol. IV, p. 720 Service officer's testimony as to oral statements of alien, vol. IV, p. 760 silence, vol. III, p. 22 statement taken in preliminary investigation, vol. I, p. 408, vol. IV, pp. 475, 684 Evidence Continued set aside, procedure to; at in- unrecorded statements (8 C. F. R. 150.1 (c)); vol. IV, p. 760 unsigned statement, vol. IV, p. 684 Exclusion: Administrative Procedure Act, appli- Administrative Procedure Act, ap- der; vol. III, p. 178 temporary exclusion; 8 C. F. R. 175.57; hearing; vol. III, p. 777 United States citizenship; board's right to adjudicate, vol. I, p. 587 burden of proof, vol. III, p. 777 coming to commit a crime; immigrant or nonimmigrant classification, vol. II, p. 43, vol. III, p. 407 deportable on entry, alien who would be; excludable in absence of specific exclusion ground, vol. I, p. 293, vol. II, p. 406 excluded alien deemed not to have entered United States, vol. III, p. 543 (see also Entry into the United States; whether or not an entry has been made foreign naval personnel, inspection on arrival, vol. II, p. 293 grounds, see Exclusion grounds immigrant or nonimmigrant, determination of status; vol. III, p. 379 indictment, admissibility while under; vol. II, p. 172 Japanese or Korean national who entered Hawaii with limited passport; admissibility to mainland; vol. III, p. 565 juvenile delinquency, see Juvenile delinquency pardon, see Pardon place to which deportable, see Place of deportation |
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