One of the more troubling provisions in the new Affidavit of Support rules requires that sponsors be domiciled in the United States. The Affidavit of Support must be submitted by an immigrant's petitioner in order for an alien to meet the public charge requirements of the Immigration and Nationality Act. Failure to meet the domicile test could end one's hopes for immigrating to the US. The State Department recently issued a cable to all consular posts addressing this specific issue. 

According to the cable, individuals must demonstrate that their sojourn abroad is temporary and that they have maintained ties to the United States. Ties can be shown by the following types of actions: voting in the US, paying US income taxes, maintaining property, a residence or a permanent mailing address in the US, maintaining bank accounts or investments in the US, etc. Even if the alien is living and working abroad, domicile in the US can be maintained if the alien takes deliberate steps to preserve residency.

Certain permanent residents and citizens working outside the US can still qualify as sponsors. Persons qualify if they are employed by the US government, a recognized American research institution, a US firm or subsidiary engaged in the development of foreign trade and commerce with the US, a public organization in which the US participates by treaty or statute. Those authorized to perform religious functions for a bona fide organization also qualify.

The State Department cable lists several examples of unqualified sponsors:

- A US citizen or lawful permanent resident who resides overseas and who has not maintained a US residence and is not employed in one of the categories listed above.

- a US citizen or lawful permanent resident who has lived overseas for an extended period and has never established a domicile in the United States.

- A US citizen who was born overseas and has never established a residence in the Untied States.

- A US citizen whose employment falls within the categories listed but who was born overseas and never established a residence in the US. Qualifying employment cannot preserve a domicile or residence that was never established.

- A US citizen residing abroad who is not working in one of the categories listed above and who has no plans to return to the US may not meet the test.

The memo notes that the INS has decided that a joint sponsor cannot be permitted where the petitioner fails the domicile test.

The cable ends by reminding posts that the issue of domicile is quite complicated and difficult cases can be referred to the CA/VO/L/A for an advisory opinion.