Idaho Immigration Forms - Idaho Immigration Law

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Immigration Forms FAQ Idaho Green Card

  • 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 document that states where a person lives. It is a legal declaration made by a person, known as the affine, who can prove their residency in a specific location. In Idaho, an Affidavit of Residence is often required for various reasons, such as enrolling a child in school or applying for certain government benefits. It typically involves providing personal information about the affine, including their name, address, and how long they have lived at that residence. This affidavit serves as an official statement to confirm a person's residency in Idaho.


    Affidavit of Residence vs. Affidavit of Domicile

    In Idaho, an Affidavit of Residence and an Affidavit of Domicile are two different legal documents that serve specific purposes. An Affidavit of Residence is a written statement used to prove one's residence or address, usually required for purposes like enrolling a child in school or obtaining a driver's license. It confirms that a person lives in a particular place. On the other hand, an Affidavit of Domicile certifies an individual's permanent residence for various legal and financial matters, such as estate planning or tax purposes. It verifies the place where a person considers their long-term home. It is important to understand the distinction between these two affidavits to ensure that the correct document is used depending on the specific situation.


    When is an Affidavit of Residence Needed?

    An Affidavit of Residence is needed in certain situations when you want to prove where you live. In Idaho, you might require an Affidavit of Residence when enrolling your child in a new school. This document helps to confirm that your child resides within the school's attendance boundaries. Additionally, when applying for certain government assistance programs or obtaining a driver's license, you might be asked to provide an Affidavit of Residence as proof of your residency in Idaho. This way, it helps officials confirm that you live in the state and are eligible for the benefits or services you are applying for. Overall, an Affidavit of Residence is essential when you need to verify your address for specific purposes in Idaho, like enrolling your child in school or obtaining government assistance.


    How To Write an Affidavit of Residence

    Writing an Affidavit of Residence in Idaho is a straightforward process that requires simple human words and state phrases. Start by addressing the document as an Affidavit of Residence and including your name, the date, and your complete address at the top. Clearly state that you are a legal resident of Idaho and that you have lived at your current address for a specific period of time. Next, provide a statement affirming that you reside at this address and have no plans of moving elsewhere. It is important to sign and date the affidavit at the bottom, and if required, have it notarized by a licensed notary public. Remember to keep the language clear, concise, and honest when writing your affidavit.


    Step 1 – Personal details of the Affiant

    Step 1 is to gather personal details of the Affine residing in Idaho. This includes important information about the individual that can help identify them. We need to know their full name, address, and contact information such as phone number and email. It's also essential to gather their date of birth, age, and gender. These details are crucial for establishing a person's identity throughout the legal process.