Immigrant Visas
Domicile
Section 213A of the Immigration and Naturalization Act of the United States of America requires that in order to sponsor an alien for legal permanent resident status in the United States, the sponsor must be domiciled in the United States.
Domicile means the place where a sponsor has his of her principal residence, with the intention to maintain that residence for the foreseeable future.
To prove, establish or reestablish domicile, a sponsor must set up a principal residence, in the United States. This would entail obtaining a residence (house or apartment) and taking up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.
A convincing combination of the following types of action might be considered as an indication of residence:
• Establishing an address in the United States
• Setting up and maintaining bank accounts in the United States
• Transferring funds to the United States
• Making and maintaining investments in the United States
• Seeking employment in the United States
• Applying for a social security number
• Voting in local, state, or federal elections
• Enrolling children in schools
• Paying U.S. income taxes
• Taking steps to relinquish residency in a foreign country
Domicile is a complex issue and is determined on a case by case basis. The burden of proving domicile lies with the sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding. A finding regarding domicile is an evidentiary question that will be unique to each applicant, and it is within the delegated authority of the consular officer to make such a determination at his or her professional discretion.
*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)