USCIS Issues Policy Alert on Defining “Residence” in Statutory Provisions Related to Citizenship

USCIS issued policy guidance to address requirements for “residence” in statutory provisions related to citizenship, clarifying the distinction between U.S. residence and physical presence. USCIS also updated its policy regarding children of U.S. government employees and members of U.S. armed forces employed or stationed outside the United States to explain that they are not considered to be “residing in the United States” for purposes of acquiring citizenship under INA 320. This policy is effective October 29, 2019. Comments are due by September 12, 2019, and should be send to USCISPolicyManual@uscis.dhs.gov.

Policy Highlights

• Clarifies that temporary visits to the United States do not establish U.S. residence and explains the distinction between residence and physical presence in the United States.
• Explains that USCIS no longer considers children of U.S. government employees and U.S. armed forces members residing outside the United States as “residing in the United States” for purposes of acquiring citizenship under INA 320.

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Cite as AILA Doc. No. 19082800.

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