8 CFR 204.303 - Determination of habitual residence

Cite as8 CFR 204.303
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11 practice notes
  • Immigration: Intercountry adoptions by U.S. citizens; citizenship classification of alien children under Hague Convention,
    • United States
    • Federal Register October 04, 2007
    • October 4, 2007
    ...16, 2007) and in the DHS System of Records Notice for the DHS/USCIS-005 Intercountry Adoptions system (72 FR 31086, June 5, 2007). New 8 CFR 204.303--Habitual The Convention and section 101(b)(1)(G) of the Act apply to the adoption of a child ``habitually resident'' in a Convention country ......
  • Part II
    • United States
    • Federal Register October 04, 2007
    • October 4, 2007
    ...16, 2007) and in the DHS System of Records Notice for the DHS/USCIS-005 Intercountry Adoptions system (72 FR 31086, June 5, 2007). New 8 CFR 204.303--Habitual The Convention and section 101(b)(1)(G) of the Act apply to the adoption of a child ``habitually resident'' in a Convention country ......
  • Stoll v. U.S. Citizenship & Immigration Servs., Case No. 1:20-cv-666-BAM
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 1, 2021
    ...habitually resident in a convention country, will move, or has moved, from one Convention country to another for purposes of adoption. 8 C.F.R. § 204.303 ("Convention adoption.") The section defining a Hague Convention adoption states:Convention adoption, ... , means the adoption, on or aft......
  • Fingerson v. Dep't of Homeland Sec., CIVIL ACTION NO. 3:14-CV-00782-TBR
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • July 26, 2016
    ...scope of § 1101(b)(1)(G) to the adoptive child's status as a foreign national rather than to his temporary geographic location , see 8 C.F.R. § 204.303(b), USCIS's regulations, including 8 C.F.R. § 204.2(d)(2)(vii), promote Congress's goals in at least two ways. First, such an approach avoi......
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7 cases
  • Stoll v. U.S. Citizenship & Immigration Servs., Case No. 1:20-cv-666-BAM
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 1, 2021
    ...habitually resident in a convention country, will move, or has moved, from one Convention country to another for purposes of adoption. 8 C.F.R. § 204.303 ("Convention adoption.") The section defining a Hague Convention adoption states:Convention adoption, ... , means the adoption, on or aft......
  • Fingerson v. Dep't of Homeland Sec., CIVIL ACTION NO. 3:14-CV-00782-TBR
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • July 26, 2016
    ...scope of § 1101(b)(1)(G) to the adoptive child's status as a foreign national rather than to his temporary geographic location , see 8 C.F.R. § 204.303(b), USCIS's regulations, including 8 C.F.R. § 204.2(d)(2)(vii), promote Congress's goals in at least two ways. First, such an approach avoi......
  • Fingerson v. Dep't of Homeland Sec., CIVIL ACTION NO. 3:14-CV-00782-TBR
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Western District of Kentucky
    • July 26, 2016
    ...scope of § 1101(b)(1)(G) to the adoptive child's status as a foreign national rather than to his temporary geographic location, see 8 C.F.R. § 204.303(b), USCIS's regulations, including 8 C.F.R. § 204.2(d)(2)(vii), promote Congress's goals in at least two ways. First, such an approach avoid......
  • Wash. Dep't of Children, Youth, & Families v. Cotter (In re Dependency of R.O.A.), No. 79997-5-I
    • United States
    • Court of Appeals of Washington
    • February 3, 2020
    ...that the term "habitually resident" for purposes of the Hague Adoption Convention seems to focus on concepts of domicile. See generally 8 C.F.R. § 204.303. There is no authority that the grandmother, a United States citizen, will be incapable of establishing domicile in the United States if......
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