Q: Can my children be exempt from Affidavit of Support under the CCA 2000?
I am a U.S. citizen, and I have been in the country for a total of 10 years after the age of 14. I have two children, ages 5 and 6, who are currently in Egypt. I attempted to apply for a Consular Report of Birth Abroad (CRBA) but was denied because I wasn't in the United States prior to their birth. I was advised to submit a petition for them. I'm planning to reside permanently in the USA with my children once the immigration process is complete. My question is: Do my children need an Affidavit of Support, or could they be exempt under the Child Citizenship Act of 2000? I have not yet submitted a petition and am seeking guidance on the process and the steps to take next.
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A:
Your children would still need an Affidavit of Support (Form I-864) when applying for immigrant visas, even though they may acquire U.S. citizenship automatically after entry under the Child Citizenship Act (CCA) of 2000. The CCA allows children to become U.S. citizens automatically if they meet certain conditions *after* being admitted as lawful permanent residents, but it doesn’t waive the requirement for the Affidavit during the immigrant visa process.
Since the CRBA was denied, the next step is to file a Form I-130, Petition for Alien Relative, for each child. Once approved, they can apply for an immigrant visa through the U.S. Embassy. During that process, the Affidavit of Support will be required unless they qualify for a narrow exemption—which typically applies to those who are self-petitioning under special categories or already U.S. citizens, which your children are not until after immigration.
If your goal is for them to live with you in the U.S. and eventually become citizens through the CCA, you’ll need to go through the standard petition and immigration process first. After they enter the U.S. with immigrant visas and live with you as lawful permanent residents, they can automatically acquire citizenship under the CCA, assuming all conditions are met.
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