Habitual residence in the territories and possessions of the United States and consequences thereof.

CFR · 2024-01-01 · US · Title 8

(a) (1) (2) (3) (4)(i) (A) A person who has established a continuing residence in a territory or possession of the United States, but whose cumulative physical presence in the United States amounts to less than 365 days; or (B) A dependent of a resident representative described in section 152 of the Compacts; or (C) A person who entered the United States for the purpose of full-time studies as long as such person maintains that status. (ii) Since the term “habitual” resident requires that the person have entered the United States pursuant to section 141(a) of the Compacts, the term does not apply to FAS citizens whose presence in the territories or possessions is based on an authority other than section 141(a), such as: (A) Members of the Armed Forces of the United States described in 8 CFR § 235.1(c); (B) Persons lawfully admitted for permanent residence in the United States; or (C) Persons having nonimmigrant status whose entry into the United States is based on provisions of the Compacts or the Act other than section 141(a) of the Compacts. (5) (i) Is a habitual resident; (ii) Resides with a principal habitual resident; (iii) Relies for financial support on that principal habitual resident; and (iv) Is either the parent, spouse, or unmarried child under the age of 21 of the principal habitual resident or the parent or child of the spouse of the principal habitual resident. (6) (7) (i) Having a lawful occupation of a current and continuing nature that provides 40 hours of g

official document · source cfr-2024 · id 8:§ 214.7