Also known as:general place of abode · domicile · residence
Written by attorneys · grounded in primary & secondary sources — see below
A person's principal, actual dwelling place in fact, determined without regard to intent.
Sources & Authorities· 32 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Diversity Filing Timing
Penelope Price maintained her place of general abode in New York when she filed a contract suit against Jasper in federal court. Jasper later moved to Texas. The court retained diversity jurisdiction because the place of general abode at filing controlled.
Alienage Jurisdiction Bar
Pilar Pena held a place of general abode in California after lawful permanent admission. She sued a California citizen in federal court over a contract dispute. Jurisdiction failed because both parties shared the same state residence.
Goods Delivery Location
Premier Manufacturing listed its place of general abode as its sole business address in the contract. The buyer sought delivery at a different site. The seller properly tendered goods at that residence address.
Pierce Patterson filed to modify a child support order while his place of general abode remained in the issuing state with the child. The tribunal exercised continuing exclusive jurisdiction. The filing location satisfied the statutory residence trigger.
Kidnapping Removal Element
Pablo Perez unlawfully removed the victim from her place of general abode to a remote cabin. He held her for ransom. The removal from the place of general abode satisfied the kidnapping statute's location element.
Venue Residence Determination
Pearl Porter's place of general abode was in the judicial district where she filed suit. The defendant challenged venue. The court upheld venue because the statute deems a natural person to reside at that location.
Common questions
Frequently Asked
3
How does place of general abode differ from domicile?+
Place of general abode focuses solely on the principal actual dwelling in fact. It disregards any intent to remain indefinitely, unlike domicile which requires both physical presence and intent.
Does temporary absence destroy a place of general abode?+
Temporary absences alone do not destroy the place of general abode. The statute treats the principal actual dwelling as continuing despite short departures from the United States or the residence itself.
When must the place of general abode be established for naturalization?+
The place of general abode must exist as a lawful residence during the statutory period before naturalization. Illegal entry cannot support a valid statutory residence for this purpose.
462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317Legislation and Regulation
…General may, in his discretion, suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence, in the case of an alien who applies to the Attorney General for suspension of deportation and— “(1) is deportable under any law of the United States except the provisions specified in…