If any documents required for a petition or application do not exist or cannot be obtained, the petitioner or applicant must demonstrate the unavailability of the required documents, as well as of relevant secondary evidence, and submit two or more affidavits. The affidavits must be sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. The applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement.
Affidavit and Proof of Citizenship or Residence of United States in Support of Relatives Desiring to Emigrate
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Key Concepts & Definitions
Affidavit and Proof of Citizenship or Residence: An affidavit is a written statement confirmed by oath or affirmation, used as evidence. When related to citizenship or residence in the U.S., it serves as a legal document to verify ones status.
US Citizenship Application: Process by which non-U.S. citizens apply to become a lawful U.S. citizen.
Green Card Requirements: Conditions that must be met to become a permanent resident of the United States.
Proving US Citizenship: Evidence required to demonstrate citizenship status, which could involve birth certificates, passports, or documents from a U.S. citizen parent.
Physical Presence Proof: Documentation required to show you have lived for a required amount of time within the United States.
Step-by-Step Guide to Proving US Citizenship
- Gather Personal Documents: Collect your birth certificate, passport, or proof of U.S. citizen parentage.
- Prepare Secondary Evidence: If primary documents are unavailable, consider using school records, baptismal certificates, or affidavits from older relatives.
- Apply for a Replacement or New Passport: If you are proving citizenship to replace a lost passport or apply for a new one, fill out the appropriate application form and submit it with your proof of citizenship.
- Contact USCIS: For issues related to US citizenship status, use the right USCIS form to address your specific needs, whether applying for a citizenship certificate or reporting immigration visa status changes.
Risk Analysis of Incorrect Documentation
Submitting incorrect or incomplete documentation can lead to severe delays, denials, or legal issues with US citizenship or residence verification processes, affecting employment, voting rights, and access to social services.
Common Mistakes & How to Avoid Them
Using Unauthorized Documents: Always use certified or officially recognized documents. A birth certificate should be a certified copy, not notarized or a photocopy.
Assuming One Size Fits All: Application processes differ whether you are born outside the United States versus born within but to a U.S. citizen parent.
Not Accounting for Residence Proof: If proving residence for green card requirements, ensure you include documents showing continuous residence such as tax returns or employment records.
FAQ
Q1: How do I verify citizenship if born abroad to US citizen parents? A: You may need proof such as a parents U.S. passport, your birth certificate, or a Consular Report of Birth Abroad.
Q2: What replaces a lost passport? A: Apply for a passport replacement using form DS-64, explaining the circumstances of the loss and providing a new DS-11 application form with supporting documents.
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FAQ
Birth certificate; Marriage certificate; Adoption certificate; The petitioner or joint sponsor's most recent Federal Income Tax Returns, if you are listed as a dependent; or. A signed, written statement describing the relationship.
An affidavit of support cannot be submitted electronically.
To submit documents, log into CEAC and go to the Start Now buttons located under Affidavit of Support Documents and Civil Documents. When you have uploaded all the required documents for each section, press Submit Documents.
Full name and address of affiant. Date and place of birth. Relationship to I-751 applicant and spouse. An account of your relationship explaining: How you met the couple. Details explaining how the person acquired this knowledge (i.e. friends) Date and signature.
It can take up to three weeks for the NVC to process the DS-261.
We recommend completing Affidavit of Support forms on a computer or typewriter, with answers typed in CAPITAL letters. After the form is completed, upload, and submit the signed form to NVC via CEAC along with the sponsor's supporting financial evidence.
Starting January 1, 2017, the National Visa Center (NVC) will accept photocopies and scanned versions of signed Forms I-864 and associated documents. Please note that the form must still be signed; typed names and electronic signatures will not be accepted.
