Even though ICO's have lost the appeal lately.

I was just wandering about the legalities. The SEC website confuses me. In the eyes of the SEC are true utility tokens still classed as securities in the USA? Is this why many companies avoid the USA when it comes to ICO's?

If a company from outside the USA releases a token, do they have to comply with SEC regulations to enable usa investors?

I am not from the usa but live here now. Is it a resident or a citizen issue?