Delaware Immigration Forms - Delaware Green Card

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Immigration Forms FAQ Delaware Immigration Citizenship

  • What is immigration?
  • Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Immigration law determines who may enter, how long they may stay and when they must leave.

  • What laws govern immigration?
  • The main legislation governing immigration is the Immigration and Nationality Act of 1952, (INA). The act has been amended numerous times, the most significant of which was the establishment of a new quota system in 1965. For INA purposes, an "alien" is any person who is not a citizen or a national of the United States. There are different categories of aliens: resident and nonresident, immigrant and nonimmigrant, documented and undocumented (illegal).

    Immigration law is under the control of Congress. Presidential power is limited to policies on refugees. Courts will not become involved in immigration issues unless constitutional rights are involved.

    Several laws have been passed to strengthen regulation of illegal immigration practices, such as hiring of illegal aliens and sham marriages. Congress enacted the Immigration Reform and Control Act (IRCA) of 1986, which toughened criminal sanctions for employers who hire illegal aliens, denied illegal aliens federally funded welfare benefits, and legitimized some aliens through an amnesty program. The Immigration Marriage Fraud Amendments of 1986 attempts to curb sham marriages for the sole purpose of obtaining citizenship.


    What is an Affidavit of Residence?

    An Affidavit of Residence is a legal document used to verify where a person lives. It is a written statement made by someone who knows the person and can confirm their current address. In the state of Delaware, an Affidavit of Residence may be required by schools or government agencies as a proof of residency. It must be notarized, meaning a notary public needs to witness the signing of the document. This affidavit helps ensure that individuals are correctly identified and reside in the stated location, which is important for various official purposes.


    Affidavit of Residence vs. Affidavit of Domicile

    An Affidavit of Residence in Delaware is a legal document used to confirm where a person currently lives within the state. It is often used for various purposes such as enrolling in schools, obtaining driver's licenses, or proving residency for certain benefits. This affidavit is typically sworn under oath and signed by the person making the statement, as well as a notary public. On the other hand, an Affidavit of Domicile in Delaware is used to establish a person's permanent place of residence. It is commonly required when dealing with financial matters, such as transferring securities or claiming inheritance. This affidavit affirms that the person resided in Delaware at the time of their death or the transfer of assets. Like the Affidavit of Residence, it must also be signed and notarized for validity.


    When is an Affidavit of Residence Needed?

    An Affidavit of Residence is needed when there is a requirement to prove where someone lives. In Delaware, you may need to provide an Affidavit of Residence in several situations. For example, if you are enrolling a child in a new school, the school may request this document as proof of your residence within its district. Similarly, when applying for government benefits or programs, such as housing assistance or Medicaid, an Affidavit of Residence could be necessary. Essentially, this document serves as a way to confirm your residential address in certain official matters.


    How To Write an Affidavit of Residence

    To write an affidavit of residence in Delaware, here are some simple steps you can follow. First, start by stating your full name and address at the beginning of the affidavit. Then, write a statement affirming that you are a resident of Delaware. Include details such as how long you have lived at your current address and any previous addresses if applicable. Next, provide information about your relationship with the person or organization that requires this affidavit. For example, if it's for your child's school, mention their name and grade. Finally, sign the affidavit at the bottom and have it notarized by a certified notary public. Remember to keep a copy of the completed and notarized affidavit for your records.


    Step 1 – Personal details of the Affiant

    Step 1 involves providing personal details of the Affine, which are the individual making an affidavit, specifically in the state of Delaware. These details primarily include basic information about the person, such as their full name, address, contact information, and date of birth. This step is important as it helps establish the identity and background of the Affine, ensuring credibility and authenticity in the legal document.