Citizenship-acquisition at birth, by child born abroad Continued birth between January 13, 1941, and De cember 23, 1952-Continued residence in U. S. of citizen parent 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 Philippines, 1896, of Puerto Rican par- Virgin Islands, birth in, before acquisi- 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 Stat. 2172; only partially repealed Citizenship-derivation (after birth) by child born abroad-Continued by sec. 2, Act of May 24, 1934 (amending sec. 5, Act of March 2, 1907); vol.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, Korean conflict, as time of war; vol. 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; computation of period of residence, exemption based upon absence abroad secs. 404, 409, 1940 Act; vol. II, pp. 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), delay not result of own inaction or failure to fulfill, citizenship not re- deportability on basis of, proceedings effect upon immigration status of judgment of denaturalization void on "relation back" doctrine generally; vol. III, p. 275, vol. IV, pp. 373, 702 service in foreign armed forces: after foreign citizenship (Canadian) begun before Jan. 13, 1941, and con- Canadian Officers Training Corps, not duress, sec. 401 (c), 1940 Act; vol. executive agreement with Canada, ap- executive agreement with Mexico as permission of local draft board; vol. sec. 401 (c), 1940 Act; vol. III, p. voting in foreign election or plebiscite: Citizenship-loss-Continued voting in foreign election or plebiscite- ignorance of U. S. citizenship status; municipal elections in Canada; vol. I, prior to Jan. 13, 1941; vol. I, p. 536, unauthorized, false claim of foreign nationality, within sec. 401 (e), 1940 voluntary, Germany in 1949; vol. IV, war, while United States was at; vol. II, Communist; See Subversive Commuter, effect of extended, unavoidable ab- adjudication of guilt under foreign law; court martial: Canada; vol. I, p. 485 England; vol. I, p. 485 Germany; U. S. armed forces by; as United States; vol. I, p. 486 pardon; See Pardon Conviction of crime-Continued record of conviction-Continued foreign crime; vol. II, p. 520, vol. III, p. 3, vol. V, p. 606 indictment, recitals as to greater of- outside evidence as to permanency of outside evidence to establish nature of outside evidence, use; discretionary reliance on court's opinion to de- sentence by juvenile court after plea Country to which deportable; See Place of Crewman; See Seaman Crime (See also Conviction of crime; Crime, intent always included in attempt; moral turpitude present when sub- city ordinance violation; vol. II, p. 367, duress or fear as defense; vol. III, p. 350 fornication, distinguished from open juvenile delinquency; see Juvenile de- 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, political offense, 1917 Act, sec. 3, 2d pro- political-religious basis for conviction; prior to entry, effect where sentence record of conviction; see Conviction of adequacy, rules; vol. I, pp. 33, 101, 121, adequacy, when on same set of facts alien adultery, as deportation ground; vol. III, p. 168 or exclusion attorney for alien, when made by; vol. Connecticut, New York; vol. III, p. Mexico, vol. I, p. 525; vol. III, pp. 10, Texas; vol. I, p. 229 definition, necessity for furnishing in denial of previous admission, effect of; dismissal of criminal action, effect of later offense committed before Dec. 24, 1952; vol. VI, p. 55 Crime, admission of commission-Continued pardon, effect of judicial; vol. V, p. 194 distinguished from violation sec. 36 oath not required by law, when; vol. prior hearing which was technically in- qualification of previous admission; vol. rape, following grand jury dismissal of smuggling attempt, 19 U. S. C. 1953; statute, necessity that offense be declared theft, in Canada, permanency of taking; time of, to be effective under 1952 Act; Crimes involving moral turpitude (See also abandonment of minor child: New York; Penal Law sec. 480; vol. various states and Canada; vol. II, Wisconsin; vol. IV, p. 192 abortion: New Yortk, vol. II, p. 525 accessory before the fact, uttering (Mas- adultery: Massachusetts; vol. III, p. 168 Massachusetts; vol. IV, p. 512 assault: aggravated; discussion; vol. II, p. 747 dangerous weapon, with; vol. I, p. Germany; of a policeman; vol. IV, Germany; with weapon (knife); vol. intent to inflict grievous bodily harm, Crimes involving moral turpitude-Continued intent to murder, to rob, to inflict Italy; and serious injury by shooting Massachusetts, with intent to rape; Michigan; with intent to inflict griev- New York; second degree; vol. I, p. 54, vol. II, p. 525, vol. V, p. 383 New York; with intent to commit police officer, upon; vol. II, p. 747 Utah; with a deadly weapon; vol. I, Washington; with deadly weapon; Washington; second degree, with assault and battery: Massachusetts; with dangerous wea- pon; vol. II, p. 201, vol. IV, p. 512 attempt to smuggle merchandise (19 USC attempt to wreck a train; vol. IV, p. 649 attempted bribery, Germany; vol. IV, p. attempted escape from reformatory, Mas- attempted fraud, Germany; vol. I, p. 47 attempted suicide, Canada; vol. IV, p. 149 Canada; vol. II, p. 335 common law; vol. II, p. 328 Nevada; vol. II, p. 328 |