Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which individual is not exempt from the affidavit of support requirement?

1. Samuel, beneficiary of a petition filed by his sister

2. A VAWA self-petitioner

3. A widow applying for permanent residence

4. A child deriving citizenship through the Child Citizenship Act

The correct answer is: Samuel, beneficiary of a petition filed by his sister

The correct answer highlights that Samuel, as a beneficiary of a petition filed by his sister, is not exempt from the affidavit of support requirement. The affidavit of support is a legal contract in immigration law that obligates a sponsor to support an immigrant financially and is typically required in family-based immigration cases. Since Samuel's sister, as the petitioner, is not an immediate relative (like a spouse or parent), Samuel must provide evidence that his sister can financially support him, fulfilling the affidavit requirement. In contrast, other categories such as a VAWA self-petitioner, a widow applying for permanent residence, and a child deriving citizenship through the Child Citizenship Act often have exemptions from this requirement due to their circumstances. A VAWA self-petitioner is afforded protections and does not need an affidavit because the law acknowledges the unique vulnerabilities faced by victims of domestic violence. A widow applying for permanent residence is also granted certain exemptions, given the connections to a deceased spouse. Lastly, children deriving citizenship through the Child Citizenship Act automatically obtain citizenship and do not require a sponsor or an affidavit, as they already have the citizenship status conferred upon them regardless of financial support issues.