USCIS issues policy changes to Residence definition in Citizenship

USCIS issues policy changes to Residence definition in Citizenship

USCIS has issued a policy alert as guidance in defining residence as related to citizenship. The guidance describes and clarifies the difference between U.S. residence and physical presence. The guidance also updates the policy regarding children of government employees or armed forces who are stationed outside the US, clarifying that they are not to be considered as residing in the US for purposes of applying for citizenship.

The guidance states that residence does not equate the amount time a person is in the US, as in physical presence. Instead, residence is said to require actually living in the US, not just time spent. Examples are provided to illustrate residency and whether it is established. The applicant must provide evidence showing that time spent in the US was more than just a temporary presence. Rather, that the person established residency or was living in the US. These applications will be adjudicated on a case by case basis.

For more information about this new policy, please contact our office for a free telephone consultation (15 minute) at 248-557-3645.

Sam R. Saif

Managing Attorney, Immigration Law Department

The Law Offices of Joumana Kayrouz, PLLC