An Affidavit to support a relative or friend is a written sworn statement that is written on behalf of an individual in support of an immigration application or other related proceedings. The purpose of this letter is to work in favor of the immigrant in question by substantiating important aspects of their immigration case. Instances where affidavit letters are usually very useful are immigration cases in which the applicant must prove a bona fide (good faith) marriage, good moral character, or abuse within a marriage.
The Affidavit letter should be a personal declaration that includes:
1. The name, date and place of birth, phone number, and address of the affiant (person writing the letter).
2. The history of the personal relationship with the applicant.
3. Details of how the affiant came to acquire the knowledge stated in the declaration, such as the legitimacy of the applicant’s marriage.
4. Penalty of Perjury Language. The letter does not need to be notarized, but it is important to include a sworn statement that states, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.”
5. Date and signature.
Who to consider for writing an Affidavit?
Individuals who might be fit to provide such a statement should be someone close to the applicant, such as a friend or a family member or anyone with firsthand knowledge of the applicant's claims. The affiant should be able to provide specific narratives and direct instances to adequately support the case.
How to format an affidavit letter:
1. Opening statement- It is vital that the introduction outlines the name of the affiant, age, citizenship status, relationship to the immigrant, and the duration of their relationship with the applicant.
2. Body Paragraph- This is where the affiant will provide statements and instances that help prove the applicant’s claim based on their firsthand knowledge and observations. Whenever possible, the affiant should provide specific examples to give a more detailed illustration.
3. Closing statement- The last statements should summarize the statements made and what conclusion the affiant wishes for the officer to draw at the end of reading his or her letter.
An affidavit should not be used as primary evidence in a case where other objective evidence exist. In other words, affidavits should be used to either fill in gaps in cases where stronger evidence may not exist, or to support other existing evidence that is used as primary evidence in a case.
Form-filling is just one very important aspect of filing a successful immigration case. Interpretation and application of the law, strategy, and providing accurate supporting documents and sufficient documentary evidence are some of the other very important components of a successful immigration case. Let us help you! For a private case evaluation, leave us a message or call us at 321-325-1125.