8 CFR 204.3 - Orphan cases under section 101(b)(1)(F) of the Act (non-Convention cases)
| Cite as | 8 CFR 204.3 |
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36 practice notes
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Intercountry Adoption Act of 2000:
Hague Convention; agency accreditation and person approval,
...to Sec. 96.13. The standards exceed the current qualifications required for home study preparers under the regulations for the INA (see 8 CFR 204.3(b) (home study preparer)). Specifically, the new rules as proposed require individuals performing home studies or child background studies to h......
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Immigration:
Intercountry adoptions by U.S. citizens; citizenship classification of alien children under Hague Convention,
...adoption in the United States. The current regulations for approval of immigrant visa petitions on behalf of alien orphans are found at 8 CFR 204.3. This rule will not discuss section 101(b)(1)(F) adoptions further, since it does not revise those requirements, except to reflect the upcoming......
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Separate Parts In This Issue
Part II
State Department,
...to Sec. 96.13. The standards exceed the current qualifications required for home study preparers under the regulations for the INA (see 8 CFR 204.3(b) (home study preparer)). Specifically, the new rules as proposed require individuals performing home studies or child background studies to h......
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U.S. Citizenship and Immigration Services Fee Schedule
...benefits (other than asylum or refugee status) or actions. USCIS will not charge a biometric service fee when: (1) An applicant under 8 CFR 204.3 submits to USCIS a written request for an extension of the approval period of an Application for Advance Processing of an Orphan Petition (``Appl......
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11 cases
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Lewis v. Gross, No. CV-79-1740.
...the next step, i.e., their petitions have been "approved." Such approval entitles them to apply for the adjustment of their status. See 8 C.F.R. § 204.3. Finally, Mr. Bernshtein's immigration posture has moved a step further toward legal permanent resident status. On March 3, 1986, his appl......
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Skalka v. Kelly, Civil Case No. 16107 (RJL)
...over and possession of the child, without intending to transfer, or without transferring, these rights to any specific person(s). 8 C.F.R. § 204.3(b) (first prong of definition of abandonment). The I–600 petition triggers a consular officer to conduct what is called an I–604 investigation i......
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IAL Aircraft Holding v. FAA, No. 98-5522
...that properly might entertain deregistration claims, in contrast to agencies and Congress that have done so in other contexts. Cf. 8 C.F.R. 204.3(b) (1999) (in the context of adoption of foreign Page 1047 defining "competent authority" as "a court or governmental agency of a foreign-sending......
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Lechich v. Rinaldi, No. C 902-61.
...place a time limit on the approved petition. Subsequently the Service's discretion as to what that time limit should be was restricted. 8 C.F.R. 204.3 was promulgated on December 21, 1961. It "If an individual clearance order from the United States Employment Service is required to be submi......
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4 books & journal articles
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Looking Beyond the United States: How Other Countries Handle Issues Related to Unwed Fathers in the Adoption Process
...the opportunity to contest such action. The termination of all parental rights and obligations must be permanent and unconditional. 8 C.F.R. § 204.3(b) (2007). 46 See Stanley , 405 U.S. at 658; Quilloin , 434 U.S. at 256; Caban , 441 U.S. at 382; Lehr , 463 U.S. at 267–68. 47 Doe v. A.B., 9......
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Barriers, Hurdles, and Discrimination: The Current Status of LGBT Intercountry Adoption and Why Changes Must Be Made to Effectuate the Best Interests of the Child
...42 U.S.C. § 14921(a) (2006). Use of an accredited agency is not necessary if adoption will be from a non-Hague Convention country. 8 C.F.R. § 204.3 (2010). In non-Hague Convention adoptions, the only requirement is that the adoption service provider be licensed. See U.S. Dep‘t of State Offi......
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Safeguarding the Interests of Children in Intercountry Adoption: Assessing the Gatekeepers
...permanently, prior to placement of the child in the custody of the adoptive parents). [220] 8 U.S.C. § 1151(b)(2)(A)(i) (2000). [221] 8 C.F.R. § 204.3(i) [222] See, e.g., Maskew, supra note 18. [223] See 8 U.S.C. § 1101(b)(1)(F) (2000) and 8 C.F.R. § 204.3, which limit the eligibility of vo......
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Vol. 6, No. 5, Pg. 36. International Adoptions: Step by Step.
...released the child for emigration and adoption." 8 U.S.C. § 1101(b)(1)(F). The statutory definition is implemented by INS regulations. 8 C.F.R. § 204.3 (1994). The regulations provide that, for the child to be "abandoned," the parents must actually surrender all parental rights and claims t......
1 forms
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Application for Advance Processing of an Orphan Petition
...(If your home study is not received within one year, U.S. Citizenship and Immigration Services (USCIS) will deny your Form I-600A under 8 CFR 204.3(c)(2) and IS attached to this Form I-600A. A. B. Information About Your Home Study Preparer A. Name of Home Study Preparer Information About Wh......