When an applicant for immigration benefit files an application, the burden of proving a bona fide family relationship is always on the applicant. For instance, a U.S. citizen or a lawful permanent resident must provide evidence of a qualifying family relationship when filing for any family member such as a spouse, child, parent, or sibling.

How Do I Establish Family Relationships?

The primary method for proving a family relationship when filing for a parent, child, or sibling is by using a birth certificate. If a birth certificate is unavailable, secondary evidence such as medical or school records or affidavits from witnesses with firsthand knowledge can suffice. In some cases, Deoxyribonucleic Acid (DNA) testing may be accepted as proof of a family relationship for immigration benefits or citizenship applications.

Instances Where DNA Testing May Be Considered

In a petition for blood related family members, DNA testing is about the best evidence you can provide. Sadly, an applicant cannot proactively submit to a DNA testing unless the government request one to be voluntarily submitted as proof of family relationship. The Department of State (DOS) or U.S. Citizenship and Immigration Services (USCIS) may consider DNA testing in the following situations:

• I-130 Petition for Alien Relative
• DS-260 Immigrant Visa Application
• I-730 Refugee/Asylee Relative Petition
• N-600 Application for Certificate of Citizenship
• DS-11 U.S. Passport Application
• FS-240 Consular Report of Birth Abroad
• I-600 Petition to Classify Orphan as an Immediate Relative
• I-131 Application for Travel Document

DNA Testing by USCIS

USCIS may request DNA testing as optional proof of a biological relationship if the initial evidence is insufficient or if fraud is suspected. While USCIS cannot legally require DNA testing, they may suggest it through a Request for Evidence (RFE) or Notice of Intent to Deny (NOID).

Choosing to undergo DNA testing does not guarantee approval of the application or petition, and the applicant must bear the cost. All tests must relate to the questioned relationship, establishing how the applicant and the beneficiary are related. Thus, there may be other reason why a case is denied besides the question of petitioner's blood relationship with the beneficiary.

DNA Testing by the Department of State

Similarly, the U.S. consulate or embassy may suggest voluntary DNA testing where fraud is suspected or if initial evidence is insufficient. The DOS requires DNA testing for an Affidavit of Relationship for an overseas family member seeking access to the P-3 Refugee Family Reunification Program or the Central American Minors Refugee and Parole Program. Unfortunately, some countries experience this situation more than others because of the level of fraud or poor record keeping in those countries. For instance, it is common to see USCIS or DOS. Consulate request additional proof of family relationship for cases in Nigeria and many other African countries.

DNA Testing Process

When USCIS or DOS requests DNA testing and the applicant agrees, they must contact a laboratory accredited by the American Association of Blood Banks (AABB) to schedule an appointment and arrange payment. Most of our clients use DDC DNA Diagnostic Center for their DNA testing. If the individual being tested resides abroad, the DNA test kit will be sent directly to the consulate, which will then schedule an appointment for sample collection. After testing, the consulate will return the kit directly to the lab in the U.S.

Like most U.S. immigration application, navigating the process of convincing U.S. immigration agencies of a genuine or bona fide relationship can be very complicated and tedious. Our experienced immigration attorneys and paralegals have helped hundreds of families solve complicated immigration problems. Contact us at (936) 514-2000 or Email: [email protected].