Received NOID (Notice of Intent to Deny) - Should I do DNA test?

[gbp17 0]

I filed under F1/F2B category for my son. I received a NOID (Notice of Intent to Deny)  - the letter is just saying we failed to submit any documentary evidence in support of petition. They have given me 30 days to respond. I am sending documents in a couple of days but question is should I do DNA? My son is here in US with me on F1 visa so DNA test should be fast but question is the NOID letter USCIS sent me does not mention DNA test. I contacted local USCIS approved lab but they asked for letter asking for DNA test but NOID letter just says we failed to submit intial documents. I wanted to do DNA test to prove relationship. Should I wait to see if USCIS wants to see DNA test? What should I do? Please help. Thanks. 

 

Edit: Just to clarify I never received RFE. Just NOID after filing petition. 

Edited November 3, 2019 by gbp17

[zaback21 28]

49 minutes ago, gbp17 said:

I filed under F1/F2B category for my son. I received a NOID (Notice of Intent to Deny)  - the letter is just saying we failed to submit any documentary evidence in support of petition. They have given me 30 days to respond. I am sending documents in a couple of days but question is should I do DNA? My son is here in US with me on F1 visa so DNA test should be fast but question is the NOID letter USCIS sent me does not mention DNA test. I contacted local USCIS approved lab but they asked for letter asking for DNA test but NOID letter just says we failed to submit intial documents. I wanted to do DNA test to prove relationship. Should I wait to see if USCIS wants to see DNA test? What should I do? Please help. Thanks. 

 

Edit: Just to clarify I never received RFE. Just NOID after filing petition. 

What document did you submit along with petition? Did you submit Birth Certificate?

Edited November 3, 2019 by zaback21

[gbp17 0]

Just now, zaback21 said:

What document did you submit along with petition? Did you submit Birth certificate?

I thought so but the letter indicates we submitted nothing. Not sure if it got lost or what. 

[zaback21 28]

1 minute ago, gbp17 said:

I thought so but the letter indicates we submitted nothing. Not sure if it got lost or what. 

Well would you be willing to post what the letter says. Make sure you grey out sensitive information. 

 

If the letter says you submitted nothing, then perhaps submit the documents again. Also how long ago you filed the petition? 

[gbp17 0]

8 minutes ago, zaback21 said:

Well would you be willing to post what the letter says. Make sure you grey out sensitive information. 

 

If the letter says you submitted nothing, then perhaps submit the documents again. Also how long ago you filed the petition? 

I have the documents which I am submitting. My concern is my sons birth certificate (which was issued at his time of birth) does not have his name. Just his date of birth and parents names. I am submitting secondary evidence with it since he arrived in US as a dependent so I have ample evidence. However due to Birth Certificate issue I was concerned if they even would issue RFE since NOID letter is more serious. I am willing to do DNA test but since letter does not ask yet I did not want to waste time and money to do DNA test if USCIS does not accept yet. What should I do?

Edited November 3, 2019 by gbp17

[NikLR 13,220]

Why does his birth certificate not state his name? 

[SusieQQQ 11,584]

They are not required to issue an RFE in a case where the petition does not establish eligibility (updated policy memo last year). Even if you did submit the birth certificate, the fact that it does not have a name may well be enough for lack of evidence. If you already have secondary evidence of a clear relationship it is kind of odd that you didn’t submit any of that given the nameless birth certificate? 

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/AFM_10_Standards_for_RFEs_and_NOIDs_FINAL2.pdf

 

 

[JFH 12,189]

What use is a birth certificate if it doesn’t have his name on it? Which country issues birth certificates that?

[Going through 5,668]

I'm assuming the country of origin is India or Pakistan...it can be common for the name to not be on the birth certificate if the child wasn't named until later on.

 

What secondary evidence did you submit with the original petition?

Edited November 3, 2019 by Going through

[aaron2020 11,651]

1 hour ago, gbp17 said:

I have the documents which I am submitting. My concern is my sons birth certificate (which was issued at his time of birth) does not have his name. Just his date of birth and parents names. I am submitting secondary evidence with it since he arrived in US as a dependent so I have ample evidence. However due to Birth Certificate issue I was concerned if they even would issue RFE since NOID letter is more serious. I am willing to do DNA test but since letter does not ask yet I did not want to waste time and money to do DNA test if USCIS does not accept yet. What should I do?

You are jumping the gun.  USCIS does not want a DNA test.  You didn't satisfy the filing requirement.  You sent in a birth certificate without his name.  How is USCIS suppose to know who that birth certificate is for?  

 

You should refile with a correct birth certificate from the government office in charge of those records in your home country.  This is the required document that you are missing.

Edited November 3, 2019 by aaron2020

[SusieQQQ 11,584]

OP, just wondering, if your son came in as dependent but you now need to petition for him, did you only get your green card after he turned 21?

[gbp17 0]

Yes, India.

My son was named weeks later after birth. The birth certificate was issued at time of birth.

 

I am including his school records, insurance records, photos, passport pages that have parents names.

 

Should I do DNA test still without USCIS requesting it? 

[gbp17 0]

3 minutes ago, SusieQQQ said:

OP, just wondering, if your son came in as dependent but you now need to petition for him, did you only get your green card after he turned 21?

Yes, he aged out. 

[aaron2020 11,651]

5 minutes ago, gbp17 said:

Yes, India.

My son was named weeks later after birth. The birth certificate was issued at time of birth.

 

I am including his school records, insurance records, photos, passport pages that have parents names.

 

Should I do DNA test still without USCIS requesting it? 

No.  You need to do what USCIS has instructed you to do.  They don't need a DNA test from you.  They need an official birth certificate with his name on it.

 

Stop thinking DNA test.  Start thinking getting a correct birth certificate.  

Edited November 3, 2019 by aaron2020

[Going through 5,668]

6 minutes ago, gbp17 said:

Yes, India.

My son was named weeks later after birth. The birth certificate was issued at time of birth.

 

I am including his school records, insurance records, photos, passport pages that have parents names.

 

Should I do DNA test still without USCIS requesting it? 

DNA results may not get back in the 30 days USCIS has allotted you to respond to the NOID, even if you did do one---which they are not requesting.

 

Given that it is India as I presumed, odd that you didn't submit secondary evidence the first time around?  

 

Affidavit can be useful in this situation as well, if there is someone who was there at the time of birth.

 

You need to get the name added to the birth certificate if you can---but timing wise is probably cutting it close.

Edited November 3, 2019 by Going through