DOS on Affidavits of Support for Certain CCA Applicants
Posted Sep 07, 2001

On June 16, 2001, the U.S. Department of State (DOS) sent out a cable to all U.S. Embassies and Consulates with regard to Affidavit of Support Requirements under the Child Citizenship Act of 2000 (CCA). The CCA, which went into effect on February 27, 2001, amended section 320 of the Immigration and Nationality Act (INA) to confer automatic U.S. citizenship on certain categories of children born abroad who have been admitted to the U.S. as lawful permanent residents.

The Affidavit of Support (Form I-864) is ordinarily required in family-based, permanent residency cases, such as when a U.S. citizen or permanent resident applies for a spouse's or child's green card. However, for children eligible for citizenship under the CCA, DOS and INS have agreed that the Form I-864 (Affidavit of Support) shall not be required. Note that the applicant is, however, still subject to the public charge provisions of INA, so it is still necessary to show some proof of financial support.

DOS comments that in nearly all cases the very requirements of section 320 will make it unlikely that the child would become a public charge. Presumably DOS is referring to the fact that the child must be in the custody of the U.S. citizen parents, which would imply financial support. In the case of an adopted child, the parents would have already undergone a "home study," under which one of the approval criteria is the financial ability to support the child. Therefore, in many cases, the financial support issue is already established by the time the child enters the U.S.

Effective immediately, an I-864 will not be required for the following categories of immigrants :

a. An orphan as defined by the INA, provided the child is admitted to the U.S. while under the age of 18 and will reside in the custody of and with the adoptive U.S. citizen parents, in the U.S.

b. An adopted child who satisfies the requirements of INA section 101(b)(1)(E) with respect to a U.S. citizen parent, and also satisfies the requirements of age, residence and custody as listed in paragraph a. above.

c. A child as defined by the INA who was born (in or out of wedlock) to a parent who is now a U.S. citizen, provided the requirements as listed in paragraph a. above with regard to age, residence and custody are satisfied.

The I-864 will continue to be required for all other family-based immigrants.