Understanding Country of Residence for Immigrants

When navigating the immigration process, one important term you’ll frequently encounter is “country of residence.” Many immigrants confuse “country of residence” with “citizenship,” but they are not the same thing – especially when it comes to dealing with USCIS for the adjustment of status process. 

This blog post will help clarify what “country of residence” means, why it matters, and how it impacts your immigration journey.

Country of Residence Meaning

The “country of residence” refers to the country where you live most of the time. Generally it would be the country you have resided in for the majority of the last 12 months. For immigrants, this can typically be the country where you are staying, working, studying, or living for extended periods, regardless of your citizenship status. 

It is important to understand that your “country of residence,” at times, can be different from the country that you hold a passport for. For example, if you are living in the U.S. on an H-1B visa and have spent the majority of the year in the United States, it may make sense to consider the U.S. as your country of residence. 

Other countries to consider are countries where you hold permanent residency. For example, if you are a Norwegian citizen but hold permanent residency in Singapore (in addition to spending a majority of your time in Singapore), you may consider Singapore as your country of residence.

Your country of residence may also be temporary or change if you move, travel, or relocate. For example, if you’re applying for a U.S. visa while living in a third country, your country of residence would be that third country, not your home country or the U.S.

Why “Country of Residence” Matters for Immigrants

Your country of residence directly influences your eligibility for different U.S. immigration benefits, visa types, work permits, and green card applications. For instance, certain U.S. visa categories may require you to be living in a particular country or region at the time of application. If you are living in a third country (not your home country or the U.S.), it could impact your application process.

Your country of residence also has significant implications for your tax obligations. Many countries, including the U.S., tax individuals based on where they live rather than just their citizenship. 

For example, if you’re residing in the U.S., you are generally required to file and pay U.S. taxes, even if you’re not a U.S. citizen, as the U.S. taxes residents on their worldwide income.

How to Determine Your Country of Residence as an Immigrant

Knowing your country of residence can sometimes be tricky, especially for immigrants who move frequently or spend time in multiple countries for extended time. Here are some questions to ask to determine your country of residence:

• Where do you spend the majority of your time? Your country of residence is typically the country where you live most of the time.
• Where do you have work, study, or living arrangements? If you live in a particular country for work, study, or any other long-term arrangement, that country is likely your country of residence.
• What is your visa status? Your visa status can impact your country of residence. For instance, if you’re on a temporary visa, the country you’re residing in legally (such as the U.S.) would be your country of residence for the duration of your visa.
• Where is your permanent address located? If you have a permanent address in the country you live in, this will often be considered the main factor in determining your country of residence. 
• How long have you lived in a certain country? If you’ve been living in the U.S. for several years, it’s clear that the U.S. is your country of residence, even if you have citizenship elsewhere. However, for those in the U.S. on temporary visas, if you haven’t spent significant time there, your country of residence might still be your home country.

Example Scenarios of Country of Residence

Student on a Temporary Visa

Alicia, a student from Brazil, moves to the U.S. on an F-1 student visa to pursue a master’s degree. She will be in the U.S. for at least two years to complete her studies. Even though Alicia is a Brazilian citizen, her country of residence for the duration of her studies is the U.S. This is because she spends most of her time there, has a student visa, and lives in the U.S. full-time for the purpose of education.

Alicia will need to report the U.S. as her country of residence when filing immigration papers, tax returns, or other legal documents in the U.S.

Immigrant on a Work Visa

Carlos, originally from Mexico, moves to the U.S. on an H-1B work visa. He has a job in the U.S. and spends most of the year working there. However, he still maintains an apartment in Mexico, where his family resides, and plans to return there after a few years.

Even though Carlos maintains his home in Mexico, his country of residence for the time being is the U.S., as he lives and works there most of the year on a temporary visa.

Carlos should report the U.S. as his country of residence for tax and immigration purposes, especially since he is working in the U.S. and spending the majority of his time there.

Immigrant with Dual Residences

Fatima, originally from Pakistan, was living in the U.S. for five years on a work visa, but she returned to Pakistan to care for her elderly parents. Now, she plans to move back to the U.S. with her family on an immigrant visa.

For the duration of her stay in Pakistan, Fatima’s country of residence is Pakistan. Even though she holds a green card from the U.S., her legal residency and most of her time are now spent in Pakistan.

When applying for an immigration benefit or renewing her visa from Pakistan, she will need to list Pakistan as her country of residence. 

Country of Residence FAQs

Is country of residence the same as domicile?

No, country of residence and domicile are different. Country of residence refers to where you live and spend most of your time, while domicile is the place you consider your permanent home. For example, if you live in the U.S. for work on a temporary visa but plan to return to your home country (say, India) eventually, the U.S. would be your country of residence, but India might still be your domicile.

Can I have multiple countries of residence?

Typically, you can only have one country of residence at a time. However, if you frequently travel or split your time between two countries, you may be considered a resident in both countries under specific circumstances. However, immigration authorities typically expect one defined country of residence.

What happens if I accidentally misreport my country of residence?

Misreporting your country of residence can lead to delays, complications, or even rejection of your immigration application. If you realize you’ve made an error, it’s important to correct it as soon as possible to avoid legal or financial penalties. 

Can my country of residence change during the immigration process?

Yes, your country of residence can change if you move to a different country or return to your home country. For example, if you move from your home country to the U.S. while awaiting your immigration petition approval, your country of residence will be the U.S. If your application is still under review when you change countries, be sure to update the immigration authorities with your new country of residence.