Expediting Immigration through DNA Tests (I-130)

DNA testing is still a relatively new technology. Individuals, organizations, agencies, and governments are finding new uses for DNA testing all the time. One of the newest uses for DNA testing revolves around Immigration - specifically family-based immigration. This article discusses the primary reasons why immigration DNA testing is needed.

U.S. Citizens and Legal Permanent Residents are permitted to petition immediate family members for entrance into the United States. There is an unlimited number of visas granted each year for family-based petitioners. There are many requirements for acquiring a family-based visa. The petitioner must fill out a form I-130 , submit an affidavit of support proving that they can support the beneficiary, and also submit proof that they are biologically related to the beneficiary. This is where Immigration DNA testing comes into play.

The petitioner submits the I-130 along with primary evidence such as a birth certificate to show a biological relationship with the beneficiary. There are a number of red flags that can come up during this process. First, the father or mother is not listed on the birth certificate. Second the birth certificate is issued more than a few months after the birth of the child. Third, no birth certificate is available. Lastly, the child could have been born out of wedlock and therefore the sponsor father in the USA needs confirmation of his paternity.  In any of these situations the U.S. Embassy or the Visa Service Center is likely to issue a Request For Evidence(RFE) . The RFE requests further proof of the relationship by means of a DNA test.  DNA tests can confirm paternity, maternity, siblingship, grand parentage and even avuncular relationships.  If the family visa is based upon a biological relationship between the sponsor and the beneficiary then there is a DNA test to prove it.

Immigration DNA is requested as a means of fraud prevention by the U.S. Immigration Department. INS began a voluntary DNA testing program for African refugees in 2007. They found that out of all the refugees who claimed biological relationships, only 20% could prove it with DNA testing. The rest either refused testing, or the results came back negative. This has raised some eyebrows within the Immigration Department.

Families filing I-130's can expect more precautionary Immigration DNA Testing in the coming years. DNA testing is the most definitive way of proving biological relationships. The cost is not that significant and it eliminates any doubt of fraudulent paperwork as well as expedites the process of family reunification.