Orphan cases under section 101(b)(1)(F) of the Act (non-Hague Adoption Convention cases).

CFR · 2024-01-01 · US · Title 8

(a) This section addresses the immigration classification of alien orphans as provided for in section 101(b)(1)(F) of the Act. (1) Except as provided in paragraph (a)(2) of this section, a child who meets the definition of orphan contained in section 101(b)(1)(F) of the Act is eligible for classification as the immediate relative of a U.S. citizen if: (i) The U.S. citizen seeking the child's immigration can document that the citizen (and his or her spouse, if any) are capable of providing, and will provide, proper care for an alien orphan; and (ii) The child is an orphan under section 101(b)(1)(F) of the Act. (2) Form I-600A or Form I-600 may not be filed under this section on or after the Convention effective date, as defined in 8 CFR 204.301, on behalf of a child who is habitually resident in a Convention country, as defined in 8 CFR 204.301. On or after the Convention effective date, USCIS may approve a Form I-600 on behalf of a child who is habitually resident in a Convention country only if the Form I-600A or Form I-600 was filed before the Convention effective date. (b) (c) (1) (i) Evidence of the petitioner's United States citizenship as set forth in § 204.1(g) and, if the petitioner is married and the married couple is residing in the United States, evidence of the spouse's United States citizenship or lawful immigration status; (ii) A copy of the petitioner's marriage certificate to his or her spouse, if the petitioner is currently married; (iii) Evidence of legal te

official document · source cfr-2024 · id 8:§ 204.3