The USCIS has decided to change procedures in many of the foreign countries who suggest DNA testing for family based immigration cases.

In the past, U.S. DNA labs have sent testing supplies to physicians, who are authorized by the U.S. Embassy to perform DNA collections. In a slow moving process, U.S. Embassies across the globe are beginning to perform DNA collections at the Embassy itself, essentially cutting the physicians out of the loop.

This has caused significant delays in the DNA testing process for many families trying to immigrate to the U.S. We’ve noticed about 3 month delays with most countries making the transition. In addition, U.S. Embassies are not as equipped for DNA testing as the physicians.

For example, the Clinica Abreu, an authorized collection facility in the Dominican Rebublic, could handle more than 25 DNA cases each day. Now that testing has moved to the Embassy, DNA test appointments are limited to 10 cases.

The purpose of this change is to prevent any potential fraud. Although this may be effective at preventing this fraud, it is also creating a large time delay for many families who have been waiting years to see their loved ones.

View the immigration DNA testing procedures.

Reuters reported yesterday that the U.S. will implement strict DNA Testing guidelines for Guatemala Adoption cases, due to an increase in child trafficking. In the past, Guatemala has been a huge source of child adoptions by U.S. citizens. More recently, adoptions have been ceased because of child trafficking and fraud. DNA testing guidelines will be a large step in curtailing this problem.

According to adoption.com, DNA testing must be completed prior to adoption approval by a company authorized by the U.S. A maternity test will be completed between the mother and child being put up for adoption.

The second phase of DNA testing comes when the child arrives in the U.S. A DNA sample must be taken from the child and compared with the DNA profile from the first test to ensure that the child has not been switched.

Although painful for U.S. families trying to adopt and the attorneys going though the steps to help them, DNA testing seems necessary to prevent child trafficking. Families spend upwards of $50,000 to adopt a child from Guatemala. $1000 to complete DNA testing in order to make sure the child is willingly being given up by the mother seems like a small price to pay.

Be on the lookout for more posts about the procedures for completing DNA testing for Guatemala adoptions.

An informed gentleman from New York called the office this morning. He is petitioning to bring his mother to the U.S. She lives outside Lagos, Nigeria and has an interview at the U.S. Embassy next week. He has heard from friends that the U.S. Embassy may request an immigration DNA test, so he had some questions about the process.

I let him know that the Embassy in Nigeria often requests DNA testing for immigration when the consular officers feel that the families have not provided enough proof of a biological relationship. He wanted to be proactive, but the Embassy says not to complete the testing unless they ask for it. I disagree with that guideline, but there hasn’t been much progress to change it.

If and when the Embassy requests DNA testing for him and his mom, he’ll need to call a DNA company who provides AABB accredited results. He’ll be responsible for all costs included in the procedure; DNA testing, shipping and handling, country fees. His mom will be required to pay a small fee to the Doctor at the U.S. Embassy who collects the sample, but all other fees are paid by the petitioner.

The gentleman was delighted to hear that one company could handle the testing for him in New York and his mom in Nigeria. I was happy that he was happy. I wished him good luck, and hopefully the consular officer will find enough evidence, so a DNA test is not needed. Only time will tell.

For more information about the immigration DNA testing process check out our article, Five Steps of an Immigration DNA Test.

According to AP article, “US mulls DNA tests for some refugees”, the Obama administration is considering restarting a program it implemented in 2007 which required DNA testing for some refugee applicants. This could affect a large number of new I-730 petitions.

The original program in 2007 asked thousands of African refugees to prove relatedness to their family members in the U.S. According to the program results, only 20% of Kenyan cases were able to prove relationships.

The USCIS already requests immigration DNA testing for many family based I-130 petitions. If families are not able to prove relatedness using primary documentation such as birth certificates, or if the immigration officer suspects fraud for a different reason, then DNA testing is requested.

This brings into question the cultural differences in relatedness. While U.S. citizens see only biological relatives as brothers or sisters, it is not always the same in other nations. The issue of cultural difference is resolved with the U.S. immigration rules and regulations for family-based petitions. Rules clearly explain that petitioners and beneficiaries must be biologically related.

DNA testing for refugees, if implemented, will require petitioners to have their DNA collected in the U.S. and the refugee or asylee to be collected at the U.S. Embassy overseas. This testing process must be facilitated by an accredited DNA testing company in the U.S.

In essence, DNA testing for refugees will help enforce immigration law, and it is likely to dishearten many refugee families at the same time.

Picture Credit: Center For Refugee Studies

A growing concern among U.S. Citizens and Permanent Residents who are petitioning loved ones from overseas is the issue of waiting times. Family-based immigration has become bogged down by excessive waiting time and country quotas which exacerbate those wait times.

According to the U.S. Visa Bulletin, U.S. citizens are entitled to apply for visas for spouses, children, and parents without regard to overall caps, but other close family members, including children over the age of 21, must wait years to reunite with loved ones. For example, an immigrant residing in the United States legally with a green card must currently wait at least five years to receive a green card for her minor child. A naturalized U.S. citizen from the Philippines must wait over 20 years before obtaining a green card for a brother or sister.

At the final interview, beneficiaries must show proof that they are biologically related to the petitioner. Primary and secondary evidence include birth records, photographs, insurance receipts, and anything else that offers proof. If primary and secondary evidence are not sufficient, then immigration officials will recommend DNA testing. If you speak with a qualified immigration attorney, they will tell you that certain factors increase your probability of needing a DNA test. Most factors involve issues with birth certificates or legal names.

If you suspect needing a DNA test for immigration you can start the process before the Embassy requests it. This way, when they do ask for it you already have the results you are looking for. This could save you 1-6 months of processing. This is not a ton of time relative to the 20 years it takes a Filipino to be reunited with her brother, but every second counts when you are trying to be together with your family.

After more than a three month pause of all DNA testing activities in Accra, Ghana, the U.S. Embassy has announced that it is resuming testing. Prior to the pause, testing was completed at MedLab, an Embassy authorized collection clinic in Accra. From now on, all DNA test collections will be completed directly at the U.S. Embassy.

If you are one of the hundreds of families who started a DNA test with a laboratory during the pause, the Embassy has announced all beneficiaries should be receiving phone calls to schedule appointments this fall.

The Embassy also announced that DNA testing is only used when other forms of evidence are not sufficient to prove a biological relationship between the petitioner and beneficiary. The Embassy in Ghana does not accept walk-ins for DNA sample collection.

Once a DNA collection is scheduled for the beneficiary the case should be near completion. The beneficiary should bring a passport as well as two photos to the DNA sample collection appointment.

For more information about immigration DNA testing in Ghana, contact a DNA case manager.

Customers want information to be fast, simple and convenient in today’s high technology society. On September 10, 2009, Boston Paternity launched a new mobile website, specifically designed to provide DNA testing information to individuals using mobile phones.

The mobile paternity test information site offers basic information about paternity testing, immigration DNA testing, and other relationship tests. “Our customers search for DNA testing information everywhere, explained John Quintal, President of Boston Paternity. “At home, work, school, or in their car, our clients can now access DNA testing information from anywhere.”

In celebrating the launch of the new website, Boston Paternity is offering a $50 discount on all DNA tests when customers mention the code located on the mobile website. You can find the code and claim the discount at Boston Paternity’s Mobile DNA Testing Site.

I’ve been doing lots of immigration forum browsing lately trying to get a feel for the common concerns of U.S. citizens who are petitioning relatives. A process which takes anywhere between 6 months and 10 years to complete, obtaining legal permanent residence for a family member can be a daunting task. Financial requirements, filing of forms, and interviews require families to be informed and prepared. Many families are hearing from friends that the USCIS will request a DNA test for immigration between family members. Families wonder if it will happen to them.

USCIS or the Department of State is likely to request a DNA test for immigration when they are suspicious of fraud. Birth certificates, photographs, insurance records and other documentation should be used to prove you and your family member’s biological relationship. There are two main instances where DNA testing is requested, according to immigration attorney Rachel C. Tadmor:

1. When a child’s parents are not married
2. When a birth certificate is issued many years after the child’s birth

Immigration officials will typically look at birth records, school records, and photographs before resorting to DNA testing. If a DNA test is requested, it is important to complete the test as quickly as possible, because processing is stopped until completion.

Rachel Tadmor is an immigration attorney in Worcester, MA. She has extensive experience working with the African community, and our clients highly recommend her.

On June 30, CIS Ombudsman issued its 2009 annual report to congress. Included in the report were three recommendations regarding DNA testing for immigration. These recommendations are numbered 6-8 and are found on pages 45 and 46 of the annual report.

Recommendation 6

“The Ombudsman recommends that USCIS remove references to obsolete blood testing methods from the Adjudicator’s Field Manual and other published guidelines.”

Basically, they need to rewrite the manual, and bring all the field officers into the 21st century. The report discusses current references to blood testing, which is invasive, more difficult, and no longer widely available. The new method, obtaining DNA from a cheek swab, is simple, painless, non-invasive, and is much easier to transport. All AABB accredited laboratories now prefer DNA testing with cheek swabs.

Recommendation 7

“The Ombudsman recommends that USCIS continue to coordinate with the U.S. Department of State regarding DNA testing procedures and execute a Memorandum of Understanding(MOU) with DOS for resource allocation for DNA evidence gathering and chain-of-custody observance abroad.”

Chain of custody is the key here. In order for DNA test results to be legitimate the person collecting the samples must be credible. If not, we could have some instances of sample switching.

In reference to resource allocation for DNA evidence gathering, The DOS should certify more doctors, or other professionals to perform DNA collections overseas. Clients get an RFE stating they have 90 days to prove relatedness using DNA testing, then they have to wait 120 days to get a DNA collection appointment at the U.S. Embassy. These families have been waiting years to be together with loved ones, and DNA testing is the only thing holding them back. Let’s open up a few more registers to shorten the lines.

Recommendation 8

“The Ombudsman recommends that USCIS designate a USCIS DNA liaison to facilitate discussions between USCIS and the U.S. Department of State, as well as to periodically provide clarifications to DNA laboratories.”

THANK YOU!!! Our only goal here is to get DNA testing done for our clients as quickly as possible. We are constantly working to develop relationships with individual embassies to discuss expected turnaround times, estimated number of DNA test requests, preferred shipping methods, along with fees for overseas collections. A liaison would be able to answer all these questions for all laboratories, improving the process for immigrants, embassies, and laboratories.

USCIS reports it is, “ considering various options that may speed up the adjudication process.” Ombudsman gives CIS some valid places to start; eliminate obsolete methods, provide additional resources, designate a DNA liaison. Maybe President Obama will name me DNA Czar.

Ask any immigrant to describe the process they are going through to bring a loved one to the U.S. They will choose lots of decriptive words when discussing the paperwork, pricing, Embassy employees, and the waiting, and "convenient" will not be one of the words they will use. The immigration process is far from convenient, but a DNA test doesn't have to be. Experienced AABB accredited immigration DNA testing labs will make the entire process convenient and easy for the client. Here's three ways a DNA lab will make the process convenient.

1. The DNA Collection - If you ned to travel more than 30 miles to a collection facility you either live in the sticks, or the DNA lab is not making it convenient for you. The DNA testing industry has become significantly more competitive in the past 5 years, and immigration DNA labs are working harder than ever to set themselves apart by providing excellent service. Many have affiliate collection sites throughout the country. Others promise to schedule the DNA collection in the clients home, at their convenience.
2. Tracking - Since DNA samples are being shipped back and forth between countries, tracking becomes a major factor in completing an immigration DNA test. The lab chosen should provide all needed tracking numbers and shipping information so the case is easily monitored.
3. Results - DNA test for immigration results must be sent directly from the laboratory to U.S. immigration services. Your lab should also send a copy to you for reference. Having your own copy of the results will allow you to show proof that the test was completed should the Embassy claim they didn't receive the results.

When it comes to the family-based immigration process, you can expect a difficult and often drawn out process. When it comes time to take a DNA test for immigration, expect convenience and simplicity from the lab you choose.