USCIS Interim Memo: Hague Convention, Residence

USCIS Interim Memo: Hague Convention, Residence

Criteria for Determining Habitual Residence in the United States for Children from Hague Convention Countries

"This policy memorandum (PM) clarifies the criteria to follow in determining whether or not the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (“Hague Adoption Convention”) applies to the adoption in the United States of a child from a Hague Adoption Convention country other than the United States. This PM supplements the U.S. Citizenship and Immigration Services (USCIS) guidance entitled Intercountry adoption under the Hague Adoption Convention and the USCIS Hague Adoption Convention rule at 8 CFR 204, 213a, and 322 (USCIS October 31, 2008 Memo), issued on October 31, 2008; AFM Update AD09-26. 

This PM does not supersede any regulation or law and does not, nor is it intended to, change any state or country-specific adoption laws or requirements. This PM adds a new section to the Adjudicator’s Field Manual (AFM), Chapter 21.4(d)(5)(G); AFM Update AD13-11." - USCIS, Dec. 23, 2013.