Raju Law gets regular queries regarding various immigration related issues. Some common birth affidavit related questions and answers are described.
The person who writes an affidavit is an “affiant.” Affiants may be relatives of the applicant and do not have to be U.S. citizens. It’s very common for parents to write affidavits for the applicant. However, any individuals who were alive at the time of the applicant’s birth and were aware of the birth may act as the affiant. There is an important exception – the affiant may not be submitting an application for permanent resident at the same time. For example, the parents of an applicant may not act as affiants if they too are submitting Form I-485 to adjust their status.
5/6 years old baby may not be aware of someone’s birth. We recommend that kind of person who was at least 18 years old at that time.
Pictures on the affidavit of the birth letter are not mandatory. But, the letter must have their signature.