Determination of habitual residence.

CFR · 2024-01-01 · US · Title 8

(a) (1) Has his or her domicile in the United States, even if he or she is living temporarily abroad; or (2) Is not domiciled in the United States but establishes by a preponderance of the evidence that: (i) The citizen will have established a domicile in the United States on or before the date of the child's admission to the United States for permanent residence as a Convention adoptee; or (ii) The citizen indicates on the Form I-800 that the citizen intends to bring the child to the United States after adopting the child abroad, and before the child's 18th birthday, at which time the child will be eligible for, and will apply for, naturalization under section 322 of the Act and 8 CFR part 322. This option is not available if the child will be adopted in the United States. (b)

official document · source cfr-2024 · id 8:§ 204.303