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This memo makes it a lot harder for children to access citizenship through the derivation process by limiting residency to time spent in the U.S. in a dwelling, a population that includes children residing abroad with parents who are U.S. gov't or armed forces employees
The memo accomplishes this goal in three ways. First it applies the INA’s definition of residency for naturalization, which is an individual’s dwelling, to the process of granting non-citizen children access to citizenship through derivation
Second, it applies this residency definition to the derivation requirement that “the child is residing in the United States in the legal and physical custody of the U.S. citizenship parent.” Residing now refers back to the definition of residence, namely an individual’s dwelling
Finally, the rule states that the children of U.S. gov't or armed forces residing abroad does not count as residency, which makes children of these employees to access citizenship through derivation while they live abroad. Instead parents must apply for the child's citizenship
So it's not a wide reaching measure, but it definitely shows that the Administration is tightening ways for LPRs to gain citizenship, something that falls in line with their effort to slow down the process of granting citizenship to non-citizens
One thing to clarify: dwelling refers to a U.S. based dwelling, not one abroad
