TELEGRAM June 16, 2001
To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE
From: SECSTATE WASHDC (STATE 105806 - ROUTINE)
Subject: ELIMINATION OF THE AFFIDAVIT OF SUPPORT REQUIREMENT FOR
CERTAIN APPLICANTS CLASSIFIED IR-2 OR IR-3
Ref: A) STATE 9319; B) STATE 33548
1. Public Law No. 106-395 (the Child Citizenship Act of 2000), which went into effect on February 27, 2001,amended INA 320 to confer automatic U.S. citizenship upon certain categories of children born abroad upon their admission to the U.S. as lawful permanent residents. Since the obligations of a sponsor under a Form I-864 (Affidavit of Support) terminate when the sponsored alien acquires citizenship, the Department of State and USCIS have agreed that an I-864 shall not be required for those categories of immigrants who will acquire citizenship upon admission to the U.S. The applicant, however, is still subject to the public charge provisions of INA 212(a)(4)(A).
2. Effective immediately, an I-864 will not/not be required for the following categories of immigrants:
(A) an orphan classified IR-3, provided the child will be admitted to the U.S. while still under age 18 and will reside in the United States with, and in the custody of, the adoptive U.S. Citizen parent;
(B) an adopted child classified IR-2 who satisfies the requirements of INA 101(b)(1)(E) with respect to a U.S. Citizen parent, provided the child will be admitted to the U.S. while still under age 18 and will reside in the United States with, and in the custody of, the adoptive U.S. Citizen parent;
(C) a child classified IR-2 who was born (in or out of wedlock) to a parent who is now a U.S. Citizen, provided the child will be admitted to the U.S. while still under age 18 and will reside in the United States with, and in the custody of, the U.S. Citizen parent;
3. An I-864 will continue to be required for all other family-based immigrants, including biological and adopted children of U.S. Citizens who are not eligible for automatic naturalization upon admission as a legal permanent resident. Specifically, an I-864 will/will continue to be required for:
- any alien classified IR-2 based on a stepparent-stepchild relationship with a U.S. Citizen;
- any alien classified IR-2 who will be age 18 or over upon admission to the U.S. as a lawful permanent resident;
- any alien classified IR-2 who will not be taking up residence in the United States;
- any alien classified IR-2 who will not be residing with, and in the legal custody of, the U.S. citizen parent; and
- any alien classified IR-4.
4. An alien exempt from the I-864 requirement per paragraph two must still show that he/she is not likely to become a public charge. Absent unusual circumstances, however, INA 320 will generally mean that it is not/not likely that the alien - while still an alien prior to naturalization upon admission to the U.S. - will become a public charge. Consular officers should also consider that USCIS does not approve Forms I-600/I-600A unless satisfied that the petitioners are capable of supporting an additional child.
5. Questions regarding the applicability of the I-864 to immigrant-visa applicants likely to benefit from INA 322 should be directed to CA/VO/F/P.
6. Minimize considered.