Reading Room Document

Effect of Presidential Pardon on Aliens Who Left the Country to Avoid Military Service

The document discusses the effect of a presidential pardon on aliens who left the United States to avoid military service. It concludes that the pardon should remove the exclusion of aliens who departed to avoid service, and that the determination of an alien's status should be made on a case-by-case basis. The document also addresses the applicability of the pardon to the Immigration and Nationality Act and the standard for determining whether an alien is returning from a temporary visit abroad. It suggests that the intent of the alien to return to the United States should be the primary factor in determining the temporary nature of their visit.

March 24, 1977