What’s an Immigration Affidavit?

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An immigration affidavit is a written statement from a sponsor certifying facts about an immigrant seeking citizenship or residency in another country. It is a common way to provide evidence in legal matters and can be of various types. In the US, there are three common types of immigration affidavits: marital, substitutive declarations, and affidavits of support. Affidavits are serious matters with potential penalties for false statements. They require identification of the witness, a description of the facts, and a signature under oath before a notary or court official.

An immigration affidavit is a written statement from a third party certifying facts regarding the status of a person seeking to become a citizen or permanent resident of another country. The person who signs the affidavit is considered the immigrant’s sponsor and signs the statement under oath. Countries that use this type of affidavit require that it be presented to the country’s immigration service as part of the immigrant’s residency application.

Affidavits are a common way to place written statements of fact as evidence in legal matters. A person who signs an affidavit swears by the veracity of the facts included to the best of her knowledge. He signs the statement under oath and subject to perjury penalties, so the affidavit carries about the same weight as the in-person testimony in court. An immigration affidavit can be of several types, address various topics, and be relevant in any jurisdiction, depending entirely on the particular immigration laws of the country.

In the United States, there are three types of common immigration affidavits. A marital affidavit is prepared by a U.S. citizen to assert that a noncitizen is his or her legal spouse in support of the noncitizen’s visa application. The substitutive declarations of third parties are made by witnesses of the marriage between the citizen and the spouse, affirming the legitimate existence of the relationship. Affidavits of support are filed by U.S. citizens, usually family members or employers, who are willing to sponsor an immigrant and guarantee to provide support to that person if the person is unable to support himself.

A signed affidavit on immigration is usually an indispensable part of an immigrant visa application. In the case of an affidavit of support, the United States will not issue a visa unless the immigrant finds a sponsor willing to accept that responsibility. Affidavits in immigration cases are serious matters with long-term liability and potential penalties for making false statements. An affidavit of support, for example, commits a sponsor to support a person until the person becomes a US citizen or works for ten years. A third party affidavit supporting a marriage can subject a person to jail time if the marriage is proven fraudulent and the witness knew about it.

An immigration affidavit typically can conform to any reasonable format. The main features require identification of the person making the statement, a description of the facts as they are or of the facts as they were directly observed, and the signature of the witness. Typically, the affidavit must be signed, usually under oath before a notary or other court official.




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