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Affidavit Of Support And Consent And Special Power Of Attorney for the United States

Affidavit Of Support And Consent And Special Power Of Attorney Template for United States

A legally binding document used in the United States that combines two functions: a commitment to provide financial support and the granting of specific legal powers to act on behalf of another person. This document is commonly used in immigration contexts where a U.S. citizen or permanent resident provides support for an immigrant while also granting them certain legal authorities. The document must comply with federal immigration laws and state-specific power of attorney requirements, and requires proper notarization to be legally valid.

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Affidavit Of Support And Consent And Special Power Of Attorney

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What is a Affidavit Of Support And Consent And Special Power Of Attorney?

The Affidavit Of Support And Consent And Special Power Of Attorney is a crucial document in U.S. immigration and legal proceedings. It serves dual purposes by allowing individuals to formally commit to providing financial support while simultaneously granting specific legal powers to another party. This document is particularly relevant when sponsors need to both support immigrants and give them authority to handle certain legal or financial matters. It must comply with USCIS requirements, state-specific power of attorney laws, and proper notarization protocols. The document is commonly used in family-based immigration cases, international student sponsorship, and situations requiring both financial support and legal representation.

What sections should be included in a Affidavit Of Support And Consent And Special Power Of Attorney?

1. Identification of Parties: Details of the supporter/grantor and beneficiary/grantee, including full legal names, addresses, and relevant identification numbers

2. Recitals: Background information explaining the purpose and context of the affidavit and power of attorney relationship

3. Definitions: Key terms used throughout the document including 'Support', 'Powers', 'Attorney-in-Fact', etc.

4. Statement of Support: Detailed declaration of financial obligations and commitments being made by the supporter

5. Powers Granted: Comprehensive enumeration of specific powers being granted through the POA

6. Duration: Term of the support commitment and power of attorney, including effective date and termination conditions

7. Execution: Signature blocks, witness requirements, and notarization section

What sections are optional to include in a Affidavit Of Support And Consent And Special Power Of Attorney?

1. Revocation Clause: Optional terms and conditions for revoking the power of attorney and support commitment

2. Successor Attorney: Optional designation of backup attorney-in-fact in case the primary becomes unavailable

3. Governing Law: Optional choice of law provision for cases involving multiple jurisdictions

What schedules should be included in a Affidavit Of Support And Consent And Special Power Of Attorney?

1. Schedule A - Financial Statement: Detailed breakdown of supporter's financial resources and commitments

2. Schedule B - Specific Powers: Detailed enumeration of granted powers if too extensive for main document

3. Appendix 1 - Supporting Documents: Copies of relevant identification and financial documents

4. Appendix 2 - Witness Statements: Additional verification of support commitment if required by jurisdiction

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Clauses















Industries

Immigration and Nationality Act (INA): Federal immigration law that provides the framework for Affidavits of Support (Form I-864) and immigration sponsorship requirements

Uniform Power of Attorney Act (UPOAA): Model law adopted by many states that governs the creation, use, and limitations of power of attorney documents

State Notary Laws: State-specific regulations governing document notarization, acknowledgments, and authentication requirements

State Contract Laws: State-specific laws governing contract formation, capacity, consideration, and enforcement

State Family Laws: State-specific regulations regarding guardianship, custody, and family-related legal matters if applicable to the affidavit

Document Execution Requirements: State-specific rules regarding witness requirements, recording procedures, and document retention for legal documents

Authentication Requirements: Federal and state requirements for document authentication, including apostille requirements for international use

USCIS Regulations: U.S. Citizenship and Immigration Services rules and requirements specific to immigration sponsorship and support documentation

Uniform Law on Notarial Acts: Model law providing standardized procedures for notarial acts across different jurisdictions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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