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Citizenship-acquisition at birth, by child born

abroad Continued

birth between January 13, 1941, and De

cember 23, 1952-Continued
Philippines, in; father native,
mother acquired citizenship under R.
S. 1993; applicability of sec. 201
(e), 1940 Act; vol. IV, p. 575
residence in U. S. before birth of child
of at least one citizen parent; tem-
porary visits did not constitute re-
sidence, sec. 201 (c); 1940 Act; vol.
IV, p. 418

residence in U. S. of citizen parent
as prerequisite under sec. 201 (g)
and (i), 1940 Act; constructive
residence; vol. III, p. 652
residence of citizen father in U. S.
before child's birth under sec. 201
(g) and (i), 1940 Act, applicability
of sec. 201 (c); vol. IV, p. 424
residence of citizen parent serving
abroad in armed forces, sec. 201 (g),
1940 Act; vol. II, p. 311

residence of citizen parent under 21 years of age at birth of child; vol. II, p. 182, vol. III, p. 794

sec. 201 (g), 1940 Act, legislative history; vol. II, p. 190

sec. 201 (i), 1940 Act (armed forces veteran citizen parent), military service commenced after child's birth; vol. II, p. 799

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

Philippines, 1896, of Puerto Rican par-
ents; 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 deemed resid-
ence in U. S. under R. S. 1993; vol. I,
p. 287

Virgin Islands, birth in, before acquisi-
tion 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 Feb. 25, 1927, as amended by Act of June 28, 1932; vol. III. P. 870

Citizenship acquisition by male descendants of Lafayette; effect of Maryland Act of 1784; vol. VI, p. 749 Citizenship-acquisition by woman under Act of June 25, 1936, as amended; nationality "status" but not "rights" conferred unless oath of allegiance taken; amendment of July 2, 1940, construed; vol. I, pp. 127, 283, vol. IV, p. 723

Citizenship-derivation (after birth) by child born abroad:

Rev. Stat. 2172; only partially repealed

Citizenship-derivation (after birth) by child

born abroad-Continued

by sec. 2, Act of May 24, 1934 (amending sec. 5, Act of March 2, 1907); vol. I, p. 127

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

Rev. Stat. 2172; alien father and citizen mother divorced; custody of child to 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; oath of allegiance not taken by mother during child's minority; vol. I, p. 127

1907 Act; by legitimation through marriage of parents when child over 21 years of age; retroactive effect; applicability of sec. 102 (h), 1940 Act; vol. III, p. 225

1934 Act, sec. 2 residential requirements; effect of repeal by 1940 Act where citizenship status not acquired before Jan. 13, 1941; vol. III, p. 645

1934 Act, sec. 2, upon father's naturalization in 1935, child admitted to U. S. for permanent residence in 1929; vol. III, p. 470

1934 Act, sec. 2, residence requirement of five years; effect of temporary absence; vol. IV, p. 692

1940 Act, sec. 102 (h), applies only to cases arising under chap. III of 1940 Act; vol. III, p. 225

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

1940 Act, sec. 314, applicability of "sav

ings clause" sec. 347; vol. II, p. 536. 1940 Act, sec. 314 (c), custody of child where parents are 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 lawful admission for permanent residence requirement; vol. III, p. 815 residence requirement under Act of 1934; vol. III, p. 645, vol. IV, p. 692 resumption of citizenship by mother under Act of June 25, 1936, oath of allegiance not taken by mother during child's minority; vol. 1, 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:

Act of 1907, deemed "naturalized" citizen; vol. I, p. 429

Revised Statutes, sec. 1994; Chinese woman; vol. VI, p. 200

Citizenship-loss:

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

armed forces deserter in wartime; vol. II, p. 276, vol. IV, p. 540 armed forces deserter in wartime:

effective date of expatriation; vol. VI,
p. 666

Korean conflict, as time of war; vol.
VI, p. 756

termination of state of war as of July 25, 1947; vol. VI, p. 422 cancellation of parent's naturalization, presumptive fraud; vol. III, p. 475, vol. V, pp. 218, 517 denaturalization,

through; retroactive

effect ("relation back"); vol. III, p. 275, vol. IV, pp. 373, 702, vol. V, pp. 405, 759

denaturalization, through (See also Citizenship-loss: revocation of naturalization)

dual national; see Dual national; election to retain U. S. nationality

employment by foreign government:

Canada:

member of school trustee board; vol. II, p. 60

stenographer; vol. II, p. 231 teacher; vol. I, p. 304

Italy:

teacher; vol. IV, p. 521

Mexico:

policeman; vol. II, p. 363

teacher; forest ranger; vol. II, p. 57

evading service in armed forces, departing U. S. or remaining out; vol. II, pp. 378, 417, 861, 910, vol. III, pp. 141, 347, vol. VI, p. 485

evading service in armed forces, depart

ing U. S. or remaining out; sec. 349 (a) (10), 1952 Act, not retroactive; vol. VI, p. 379

evading service in armed forces after induction; vol. II, p. 276 knowledge of expatriative effect of one's acts as factor; vol. III, p. 558 legitimation of child who had acquired

through citizen mother; sec. 205, 1940 Act, vol. III, p. 485, vol. IV, p. 440 naturalization, foreign, during minority, through father; vol. II, pp. 124, 427, vol. III, pp. 690, 761, vol. VI, p. 590 naturalization in foreign state during minority; vol. I, p. 329

oath of allegiance to foreign state, by (See also Oath of allegiance, foreign): involuntary military service, incident to; vol. III, pp. 586, 701, vol. V, p. 497

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

Citizenship-loss-Continued

oath of allegiance to foreign state, by (See also Oath of allegiance, foreign)— Continued

sec. 401 (b), 1940 Act; vol. I, pp. 317, 558, 596, vol. III, p. 470, vol. VI, pp. 641, 792

Philippines, citizens of:

termination of U. S. nationality on July 4, 1946; vol. VI, p. 182 proof; burden; degree; vol. III, pp. 141, 586 reacquisition of former citizenship by treaty, Norway; vol. III, pp. 98, 668 reacquisition of Italian nationality through residence in Italy:

applying for and receiving Italian identity card; vol. VI, p. 590 effective date of expatriation; vol. VI, p. 70

joining Fascist Party, as over act manifesting voluntary acceptance thereof; vol. III, p. 671, vol. VI, p. 15

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

exemption based upon absence abroad
representing U. S. religious order,
sec. 406 (b), 1940 Act; vol. V, p. 544
exemption, ill health, sec. 406 (c),
1940 Act; vol. III, p. 860
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. 321, 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 outside of U. S.; vol. III, pp. 96, 668 veteran of World War I, exemption; vol. III, p. 668

retention requirements, sec. 201 (g), (h), (i), and 401 (a), 1940 Act:

arrival in Aleutian Islands before, but on mainland after, 16th birthday; vol. IV, p. 360

Citizenship-loss-Continued

retention requirements, sec. 201 (g), (h),
(i), and 401 (a), 1940 Act-Continued
arrival on 16th anniversary of birth;
vol. IV, p. 617

delay not result of own inaction or
lack of diligence; vol. IV, p. 639
effective date of loss under sec. 401
(a); vol. II, p. 6

failure to fulfill, citizenship not re-
stored by 1952 Act; vol. V, p. 291
revocation of naturalization:

deportability on basis of, proceedings
begun before naturalization; vol. IV,
p. 327

effect upon immigration status
wife; vol. I, p. 84

of

judgment of denaturalization void on
its face because of indication that
summons never served; vol. VI, p.
366

"relation back" doctrine generally;

vol. III, p. 275, vol. IV, pp. 373, 702
"relation back" doctrine not applicable
in deportation proceedings to docu-
mentary charges; vol. V, p. 759
status of naturalized citizen prior to
entry of formal revocation decree;
vol. VI, p. 217

service in foreign armed forces:

after foreign citizenship (Canadian)
was already lost through father's
U. S. naturalization; vol. I, p. 272
age, as factor, sec. 401 (c), 1940 Act;
vol. III, p. 470

begun before Jan. 13, 1941, and con-
tinued thereafter; voluntariness; vol.
II, p. 304

Canadian Officers Training Corps, not
deemed "armed forces" under sec.
401 (c), 1940 Act; vol. II, p. 346
Canadian University Air Training
Corps, not deemed "armed forces"
under sec. 401 (c), 1940 Act; vol.
II, p. 455

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

executive agreement with Canada, ap-
plicability to dual national; vol. II,
p. 783, vol. V, p. 678

executive agreement with Mexico as
"law of U. S.", vol. II, p. 243, vol.
V, p. 497, vol. VI, pp. 641, 648
ignorance of U. S. citizenship, alleged;
vol. III, p. 558

permission of local draft board; vol.
V, p. 674

sec. 401 (c), 1940 Act; vol. III, p.
558, vol. IV, p. 248

voting in foreign election or plebiscite:
age, below legal voting age, not de-
fense; vol. III, p. 829
commissar, agrarian community, Mexi-
can, election for held to be within
sec. 401 (e), 1940 Act; vol. III,
p. 890

Citizenship-loss-Continued

voting in foreign election or plebiscite-
Continued

ignorance of U. S. citizenship status;
vol. IV, p. 528

municipal elections in Canada; vol. I,
p. 267, vol. II, p. 440
plebiscite, Canada, as to sale of wine
and beer, held to be within sec. 401
(e), 1940 Act; vol. II, p. 427
plebiscite, Canada, as to release of
Canadian Government from commit-
ments in selective service matters,
not within sec. 401 (e), 1940 Act;
vol. I, p. 239

prior to Jan. 13, 1941; vol. I, p. 536,
vol. III, p. 107

unauthorized, false claim of foreign

nationality, within sec. 401 (e), 1940
Act; vol. II, p. 82

voluntary, Germany in 1949; vol. IV,
p. 486

war, while United States was at; vol. II,
pp. 263, 296, vol. IV, p. 398
woman, upon her marriage to alien or
husband's acquisition of foreign citizen-
ship, 1907 Act; vol. I, p. 429, vol. II,
p. 313, vol. III, p. 107, vol. IV, pp. 93,
154, 398

Communist; See Subversive
Commuter, effect of 1952 Act upon status;
vol. V, p. 716

Commuter, effect of extended, unavoidable ab-
sence from United States; vol. IV, p. 454
Constitutionality of statutes; vol. III, pp. 417,
456, vol. IV, pp. 475, 556
Conviction of crime:

adjudication of guilt under foreign law;
vol. V, p. 606

court martial:

Canada; vol. I, p. 485

England; vol. I, p. 485

Germany; U. S. armed forces by; as
conviction in U. S.; vol. III, p. 536,
vol. V, p. 56 vol. VI, p. 481
Italy; vol. I, p. 34

United States; vol. I, p. 486
United States Military Court in Ger-
many, as conviction in U. S.; vol.
IV, p. 21; vol. V, p. 56, vol. VI,
p. 481

pardon; See Pardon

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Conviction of crime-Continued

record of conviction-Continued

foreign crime; vol. II, p. 520, vol.

III, p. 3, vol. V, p. 606
includes statements of court on sen-
tencing; vol. IV, p. 490
indictment containing allegations not
necessary for conviction; vol. VI,
p. 98

indictment, recitals as to greater of-
fense disregarded when alien pleads
guilty to lesser offense; vol. II, p.
526, vol. IV, p. 241
introduction precludes inquiry outside
of record; vol. III, p. 641
moral turpitude, use in determining;
vol. I, p. 540, vol. II, p. 213, vol.
III, p. 193, vol. V, p. 463
moral turpitude, use in determining
where statute is divisible; vol. V,
p. 65

outside evidence as to permanency 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 nature of
crime; vol. III, pp. 502, 641, vol. V,
p. 708

outside evidence, use; discretionary
relief; vol. III, pp. 792, 804
placing case on file, Massachusetts, as
conviction within meaning of 1952
Act; vol V, p. 392

reliance on court's opinion to de-
termine nature of crime; vol. VI,
p. 400

sentence by juvenile court after plea
of guilty in Superior Court, Calif.,
as conviction; vol. VI, p. 835
United States citizen, while a; vol. V,
p. 678

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):
attempt to commit:

intent always included in attempt;
vol. II, pp. 733, 735

moral turpitude present when sub-
stantive crime involves moral turpi-
tude; vol. I, pp. 190, 194

city ordinance violation; vol. II, p. 367,
vol. IV, p. 401

duress or fear as defense; vol. III, p. 350
expungement; see Pardon

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

juvenile delinquency; see Juvenile de-
linquency

offense which permits civil or criminal

prosecution; vol. V, p. 87

pardon; see Pardon

perjury, factors necessary to constitute;

vol. III, p. 823

Crime Continued

petty offenses prior to entry; vol. VI,
p. 331

political offense, 1917 Act, sec. 3, 2d pro-
viso; vol. IV, p. 108

political-religious basis for conviction;
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
Crime, admission of commission:

adequacy, rules; vol. I, pp. 33, 101, 121,
225, 346, 355, 422, 450, 553, 581, 669;
vol. II, pp. 175, 285, 486; vol. III, pp.
10, 76, 360; vol. VI, pp. 193, 806
adequacy, in absence of precise definition
of crime; vol. V, p. 578

adequacy, when on same set of facts alien
had been convicted of lesser crime; vol.
IV, p. 159

adultery, as deportation

ground; vol. III, p. 168

or exclusion

attorney for alien, when made by; vol.
VI, p. 9
bigamy:

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

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

Texas; vol. I, p. 229

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

denial of previous admission, effect of;
vol. IV, p. 159

dismissal of criminal action, effect of later
independent admission; vol. III, p. 623
essential elements, acts constituting:

offense committed before Dec. 24,

1952; vol. VI, p. 55

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Crime, admission of commission-Continued
nolo contendere, plea of, effect; vol. V,
pp. 198, 759

pardon, effect of judicial; vol. V, p. 194
perjury (See also Crimes involving moral
turpitude: perjury):

distinguished from violation sec. 36
(c), Alien Registration Act of 1940;
vol. I, p. 17

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

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

qualification of previous admission; vol.
I, pp. 359, 450

rape, following grand jury dismissal of
complaint; vol. III, p. 833

smuggling attempt, 19 U. S. C. 1953;
vol. I, p. 553

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

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

time of, to be effective under 1952 Act;
vol. V, p. 676

Crimes involving moral turpitude (See also
Crime; Juvenile delinquency; Moral turpi-
tude):

abandonment of minor child:

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

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

Wisconsin; vol. IV, p. 192

abortion:

New Yortk, vol. II, p. 525

accessory before the fact, uttering (Mas-
sachusetts); vol. VI, p. 783

adultery:

Massachusetts; vol. III, p. 168
armed robbery:

Massachusetts; vol. IV, p. 512

assault:

aggravated; discussion; vol. II, p. 747
California; vol. I, p. 352
California, with deadly weapon, Penal
Code secs. 240, 245; vol. II, p. 733
Canada, indecent; carnal knowledge;
vol. III, p. 562, vol. V, p. 686
Connecticut, aggravated; vol. I, p.
446, vol. III, p. 193
Connecticut, with deadly and danger-
ous 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 man-
slaughter; vol. II, p. 477

Germany; of a policeman; vol. IV,
p. 301

Germany; with weapon (knife); vol.
IV, p. 26

intent to inflict grievous bodily harm,
with; vol. I, pp. 52, 446, vol. II,
pp. 193, 733, vol. III, p. 7

Crimes involving moral turpitude-Continued
assault-Continued

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
Massachusetts; police officer, on; vol.
V, p. 538

Massachusetts, with intent to rape;
vol. V, p. 538

Michigan; with intent to inflict griev-
ous bodily harm; vol. III, p. 5
Minnesota; second-degree; vol. I, p.
52, vol. III, p. 193

New York; second degree; vol. I, p.

54, vol. II, p. 525, vol. V, p. 383
New York; third degree; vol. I, p.
505

New York; with intent to commit
abortion; vol. II, p. 525
Oregon; with dangerous weapon; vol.
II, p. 204

police officer, upon; vol. II, p. 747
Rhode Island; with intent to murder;
vol. III, p. 808

Utah; with a deadly weapon; vol. I,
p. 209

Washington; with deadly weapon;
vol. II, p. 743

Washington; second degree, with
revolver; vol. V, p. 668

assault and battery:

Massachusetts; with dangerous wea-

pon; vol. II, p. 201, vol. IV, p. 512
mere; vol. I, p. 507, vol. II, p. 734
ravish, with intent to; vol. II, p. 630
attempt to evade tax, Canada; vol. V,
p. 649

attempt to smuggle merchandise (19 USC
1593); vol. I, p. 553

attempt to wreck a train; vol. IV, p. 649
attempted arson, Canada; vol. III, p. 617
attempted acts of gross indecency, Can-
ada; vol. II, p. 316

attempted bribery, Germany; vol. IV, p.
100

attempted escape from reformatory, Mas-
sachusetts; vol. IV, p. 512

attempted fraud, Germany; vol. I, p. 47
attempted larceny, Massachusetts; vol. II,
p. 204

attempted suicide, Canada; vol. IV, p. 149
bastardy, a private wrong; vol. I, p. 186
bawdyhouse keeping, Canada; vol. II, p.
703, vol. III, p. 231
bigamy:

Canada; vol. II, p. 335

common law; vol. II, p. 328
Massachusetts; vol. I, p. 314
Mexico; vol. I, p. 525, vol. III, pp.
10, 136

Nevada; vol. II, p. 328
New York; vol. III, p. 569
North Carolina; vol. II, p. 336
Texas; vol. I, p. 229

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