Immigrant visa application was denied under Section 212(a)(4) of the Immigration and Nationality Act
Dear Mrs. Khanna,
My son's immigrant visa application was denied under Section 212(a)(4) of the Immigration and Nationality Act (INA).
After the denial I've send an e-mail to the embassy and this is what I got as an answer:
"According to the U.S. Department of State's guidance (9 FAM 40.41 N5.2), “to qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) who...is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory in possession of the United States.
Therefore, in order for your son to qualify for a visa, you, as the sponsor, must have a domicile in the United States. If you cannot satisfy the domicile requirements, your son cannot be issued a visa to immigrate to the United States. Please keep in mind that being domiciled in the United States does not mean that you only need to be present in the U.S., rather that you must establish permanent residence in the United States.
A consular officer has reviewed all evidence that you have submitted and compared it with your travel to and from the United States and has determined that you have not satisfied the requirement for establishing and maintaining domicile in the United States. Once you have satisfied the domicile requirement, your son’s file will be reviewed for completion."
I have send all the evidence I have so the only reason is that I've traveled a lot. How can I make them believe that I do not intend to travel anymore for a long period a time. I'm here from May 2013 (I have a job from June 2013 to Present, I have an apartment lease for a year starting November 1, 2013, energy bill on my name starting November 1, 2013) . I left USA for a month from August 23, 2013 to September 23, 2013 to sell my house. How much more months do I have to have here so that I can satisfy the domicile requirement?
They're saying that "Once you have satisfied the domicile requirement, your son’s file will be reviewed for completion.", but on January 2014 will be a year from the initial refusal day. I don't know which day they get as the refusal day, the interview day which was on January 10th, 2013 or the last refusal day? Last refusal under section 221(g) was on June 5th 2013 which states that " if you don't take any action within one year following visa refusal......the action require that your application be canceled." and then we got the other refusal under section 212(a)4 on November 2013 but it doesn't state anything related to the time frame in this refusal letter. I'm just afraid they will cancel the application on January.
When do you think is the best time to resend the documents?
Is any other documents that can help me with this?
I also contacted the congressman of my county. They gave the same answers to them but they're not specific.
Thank you so much!
Best regards,
Fiqerete