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JamesAurora1

DNA for USA stateside application

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We are still in the USA application phase for I-130 spousal visa ( and 1 child ).

My wife is in the Phillipines and they are asking for DNA test results to confirm my

step son is my wifes natural child. This is for the USA part of the application, not the embassy

in Manila.

How do we go about this, since my wife her son are in Philippines ?

 

Thank you in advance.

James

 

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53 minutes ago, JamesAurora1 said:

We are still in the USA application phase for I-130 spousal visa ( and 1 child ).

My wife is in the Phillipines and they are asking for DNA test results to confirm my

step son is my wifes natural child. This is for the USA part of the application, not the embassy

in Manila.

How do we go about this, since my wife her son are in Philippines ?

 

Thank you in advance.

James

 

USCIS sent you an RFE for your step son's I-130 ?    Did the letter contain and details or required labs to use?   If not you should call USCIS on this.     This is a 1st for ever seeing USCIS request a DNA test in regard to a mother son relationship, are there any "hiccups" with the birth certificates?

 

Being this is USCIS and not the embassy I don't see how the CRBA DNA process would be relevant.

 

 


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Family-Based Immigration - Practice Tips on DNA Evidence

 

I.               USCIS and DNA Testing

 

Upon filing an I-130 immigrant petition for a family member, the petitioner must present documents proving the claimed family relationship.  Birth certificates are the primary form of evidence for establishing a biological relationship with a child, son, or daughter.  However, if primary evidence is not available in a particular country according to the Department of State's Foreign Affairs Manual, U.S. Citizenship and Immigration Service (USCIS) may accept secondary evidence such as religious documents, church or school records, or affidavits.  When there is insufficient credible evidence to establish the biological relationship, USCIS may suggest and consider DNA testing as an optional form of secondary evidence (although this is not specifically authorized by statute or regulation).[1]  Note that USCIS can only suggest DNA testing but cannot require it.  USCIS may also request DNA testing in cases where there are suspicions of fraud.   

 

The most common context in which USCIS suggests DNA testing is to establish a parental relationship in support of an I-130 petition for a child, son, or daughter.  Testing may also be utilized to establish a parental relationship for asylee and refugee relative petitions (Form I-730), citizenship cases (Form N-600), humanitarian parole requests, orphan petitions (Form I-600), and international adoptions (to verify that the parent consenting to child’s adoption is in fact the biological parent).   Procedurally, USCIS often recommends DNA testing by issuing a Request for Further Evidence (RFE) or Notice of Intent to Deny (NOID).

 

In lieu of DNA testing, USCIS has the authority to require a Blood Group Antigen or Human Leucocyte Antigen (HLA) blood parentage test after other evidence has proven inconclusive.[2]  Refusal to submit to a blood test may constitute a basis for denial of the petition, unless a legitimate religious objection has been established.  However, blood tests are rarely required these days as they are considered to be less reliable than DNA tests.[3] 

 

Practitioners should know that when USCIS suggests DNA testing, compliance is absolutely voluntary.  Positive test results are not a guarantee that USCIS will approve a petition.  All costs associated with DNA testing must be paid by the petitioner.  USCIS should provide the petitioner with a list of accredited laboratories where testing can be conducted.[4]  DNA test results must be specific to the relationship in question, meaning USCIS must indicate how they think the two people to be tested are related (i.e. parent/child, siblings, etc.).  Note that USCIS does not suggest or afford evidentiary weight to sibling-to-sibling DNA test results as they are not considered sufficiently reliable.  Instead, USCIS relies on DNA tests between each sibling and the claimed common parent.[5] 

 

II.            Department of State and DNA Testing  

 

Prior to issuing an immigration benefit, the consular section of a U.S. consulate or embassy may recommend voluntary DNA testing when sufficient evidence to determine the biological relationship is lacking.[6]  In addition to waiting for a DNA testing suggestion from the consulate, practitioners may advise clients to submit DNA test results preemptively, particularly when the petitioner or beneficiary is from a country considered to be at high risk of fraud (for example Nigeria or Haiti).[7]  Note that embassies may not request DNA testing in order to disprove a relationship, only to verify one.

 

In the context of I-130 petitions, USCIS often requests a consular post’s assistance in ensuring that a beneficiary overseas submits to genetic testing when the relationship cannot be otherwise proved. However, I-130 petitions relying on DNA testing results are under the exclusive jurisdiction of USCIS and cannot be adjudicated by the Department of State.[8]  They must be forwarded from the consulate to USCIS for adjudication.

 

III.          How Does the DNA Testing Process Work?

 

When USCIS or an embassy requests DNA testing to confirm a particular relationship, the petitioner must contact a laboratory that is accredited by the American Association of Blood Banks (AABB). A current list of AABB accredited laboratories in the U.S. can be found at:

http://www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx. The petitioner is responsible for arranging for payment (testing can cost from $500 to $900) and the lab will schedule an appointment for DNA to be collected from the inside of the petitioner’s cheek through a buccal swab. The beneficiary will also schedule an appointment with an AABB accredited lab if he or she is in the U.S. If the beneficiary is abroad, he or she will be contacted by the embassy for an appointment to submit to DNA collection by a designated physician or medical technician at the embassy.[9]  The beneficiary will need to arrange for payment with the panel physician in advance and bring the payment receipt, along with a passport, a passport photo, and the letter from the consular office suggesting DNA testing.  A consular officer or another American employee with a national security clearance must be present as a witness. The embassy will return the test kit to the accredited lab in the U.S. for analysis of both samples.  After analyzing the samples, the lab will send the results directly to either USCIS or to the embassy. A petitioner will not receive a copy of the results unless he or she specifically requests notification from the laboratory.  

 

 

 

 

[1] See Aytes, Michael, PM, Genetic Relationship Testing; Suggesting DNA Tests, Revisions to the Officers Field Manual (AFM) Chapter 21 (AFM Update AD07-25), March 19, 2008, available at: http://www.uscis.gov/sites/default/files/files/pressrelease/genetic_testing.pdf. Guidelines for using DNA testing to establish a claimed family relationship for immigration benefits were initially created in 2000. See Memorandum from Michael D. Cronin, Acting Ex. Assoc. Comm., Programs, HQADN, Guidance on Parentage Testing for Family-Based Immigrant Visa Petitions (July 24, 2000).

[2] 8 CFR 204.2(d)(2)(vi).

[3] See USCIS Adjudicator’s Field Manual (AFM) Chapter 21.2(d)(a)(B), available at: http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html.

[4] See USCIS Adjudicator’s Field Manual (AFM) Chapter 21.2(d), available at: http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html.

[5] See USCIS Adjudicator’s Field Manual (AFM) Chapter 21.9(c), available at: http://www.uscis.gov/iframe/ilink/docView/AFM/HTML/AFM/0-0-0-1.html.

[6] See 9 U.S. Department of State Foreign Affairs Manual (FAM) 42.44 Notes, available at: http://www.state.gov/documents/organization/130607.pdf.

[7] See AILA’s online magazine, VOICE: An Immigration Dialogue, July/August 2012 issue, “DNA: Connecting the Familial Dots,” by B. John Ovnink, Catherine A. Tobin, Christina G.A. Zeller, p. 22, available at: http://ailahub.aila.org/i/76821-july-august-2012/4

[8] See 9 U.S. Department of State Foreign Affairs Manual (FAM) 42.44 Notes, available at: http://www.state.gov/documents/organization/130607.pdf.

[9] See U.S. Department of State DNA Relationship Testing Procedures, available at:  http://travel.state.gov/content/visas/english/immigrate/types/family/dna-test-procedures.html

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1 hour ago, JamesAurora1 said:

 

How do we go about this, since my wife her son are in Philippines ?

 

Thank you in advance.

James

 

 

Based on the posting by Bruce, it appears you will have to find an accredited lab then have them send a kit to your wife in the Philippines.

 

Hope all goes smoothly.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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I would still contact the US embassy for advice. If The Embassy doesn't control the DNA test, There is a possibility once the case gets to the embassy they will require a new test they can control. These tests are expensive and pre planning can save both time and money. One test that will meet both agency requirements would be ideal. Good luck.

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My daughter and I had to go through getting a DNA test back in 2015. We weren’t asked for it. Instead our atty requested to gather up as much prove that my daughter was my biological daughter. I have moved in the US in 2012 and my daughter stayed in the philippines because of the birth certificate problem that we had to get fixed and take care of before she can come here. They took my sample from a local office here in Co. and my daughter went to saint lukes for her sample to be collected.

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