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What is an affidavit in legal terms?

Pima, AZ |

What is an affidavit when asked by the USCIS? Can it be a signed letter or does it have to be notarized ? Does it have to be on a stamp paper used in court?

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Attorney answers 4

Best Answer

An Affidavit is someone's sworn statement declaring under penalty of perjury that the facts or events recounted on the document are true.

Does not have to be notarized, as long as signed and dated under penalty of perjury under the laws of the United States, and unlike in many other countries around the world, a sworn affidavit does NOT need to be on any "stamp paper" used in any court.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


An Affidavit is a sworn statement signed in front of a Notary Public. In many situations a Declaration under penalty of perjury is equally acceptable.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law


I state and confirm stated as true.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


An affidavit is a written declaration of a person which describes facts made voluntarily and confirmed under oath. Generally, they are used to support legal motions or are used in some cases where the affiant is not available for live testimony in a matter. Generally, have a lawyer draft the affidavit and it will be notarized. General copy paper is usually sufficient.