Recently in Immigration Category

Private DNA Collection facilities receive phone calls all day about DNA Tests, what is the process, how long will it take, does the mother need to be present, what is the accuracy of our tests and in today's economy, one key question is always - How Much Does A DNA Cost?

The most experienced sales person or telemarketer can steer any phone call away from price as a selling point to a need based purchase.  However, the customer asking about DNA Testing already knows this is a needs-based purchase so the best method to complete the sale is to assure them of the accuracy and reliability of the DNA tests.  With the availability of do it yourself DNA kits - why should a family come to a "brick and mortar" office and have the collection performed?  The main reason is because private DNA collection experts,  have been doing DNA collections for a long time and will follow a strict chain of custody on all samples, assuring accuracy and reliability of the results from collection to sample receipt at the laboratory to results delivery to the consumer. 

Another good reason is that most consumers (unless you have a biology degree) are not familiar with the bells and whistlers of the Paternity tests results sheet.  What is an allele, what does the paternity index mean, what is an amelogin, what is the local law regarding the probability of paternity percentage, how many exclusions does a lab use to determine non-relationship status.  Once you receive the DNA tests results, having someone to talk directly to about the DNA results is reassuring.  If you use the OTC DNA tests, the customer service operators are not personally familiar with your case and the circumstances.  Whereas had you been collected by a local, private DNA collector, the circumstances are familiar to the DNA collector and you have someone to speak to directly, by phone or in person to assure you about the test. 

Of course, a major consideration on using a private DNA collector is the amount of accreditation their laboratories have achieved.  The minimum accreditation for family relationship testing should be the American Association of Blood Banks or AABB.  A laboratory that advertises AABB accreditation will have the following practices in place:

      • Quality and Management System
      • Regular Internal and External Audits
      • Regular Proficiency Testing of DNA analysts (**)
      • Standard Operating Procedures
      • Stringent Qualifications for Staff
      • Use of Validated Methods
      • Duplicate Testing of Exclusions
      • Continuing Education for Staff
      • Regular Calibration of Laboratory Equipment (**)
      • Record Retention Requirements
      • Confidentiality Polices


** I like to tell my callers, that using our laboratories vs. an internet kit, is laking to the difference between having a Ph.d or a high school student interpret your DNA tests.  Our Ph.d will have access to equipment that is the "mercedes" of industry standards vs. the "rent a wreck" of industry standard equipment.  Non-accredited laboratories do not have to follow industry standards.  Think about the investment into the staff and equipment that an accredited laboratory has to maintain.  The results of DNA tests are life changing - you want to be sure that DNA analysis is performed by someone who is properly trained on the most current methods of interpreting results, has access to the best database interpreting mutations and using equipment that is 21st century.  

As with every industry, it is Buyer Beware and having a local DNA office to return to for questions and follow up is comforting to most families. 

In-State Tuition Bills- S1036/S1933 & A194/A990

The proposed In-State Tuition Bills would allow all residents (legal and non-documented) of New Jersey to qualify for in-state tuition rates at public institutions of higher education.  This bill would benefit the entire State of New Jersey by allowing all students that have graduated with good grades, demonstrated good character, and attended at least three years of high school in New Jersey to pay the same tuition regardless of citizen or immigration status.

Currently, undocumented  students who are residents of New Jersey are required to pay out-of-state tuition rates, which could be up to double the resident state tuition rates.  For many the higher rate goes beyond their financial means impeding their ability to attend college.  In addition, only U.S. citizens are entitled to Federal Student Aid for college.

This bill affects those individuals who have grown up in New Jersey, have attended and graduated from New Jersey public or non-public school system, and who are residents with New Jersey roots who are committed to becoming citizens. Very often these students came to this country because their family was fleeing political, religious or economic instability, a decision made by the parents not the student.  Yet, despite the many obstacles they have faced, these students worked hard and succeeded in school. 

This bill would reward them for their hard work, initiative and desire to pursue higher education to become productive members of our communities.  When talented students in our communities are prevented from reaching their full potential, we all suffer.  However, we are also opening the door for state and federal aid to be divided among a larger population, by allowing non-documented families access to these funds.  The bills have solid arguments on both sides of the coin and should be decided shortly.  

An article in the New York Times dated January 1, 2010 tells the story of 4 undocumented students, leaving from Florida on the 1500 mile trek to the nation's Capital to highlight the need for Immigration Reform.  The four young men plan on visiting different state offices along the way to speak directly to representatives who are not voting in favor of reform. 

Their particular plight is timely because high school students are now in the process of submitting their Federal Financial Aid (FAFSA) applications.  Many students have been accepted to the schools of their dreams but College costs what they are today, there are few who can attend without financial assistance.  Federal Financial Aid is available to U.S. Citizens or those with Resident or Permanency Cards.  Undocumented students are not eligible for Federal Aid and as of this writing, New Jersey is debating on whether the very same undocumented students should be eligible for in-state aid.  It was surprising to note in a few conversations this week with local school associations that the "eligibility" requirement was not clear to some.   

One of the young men involved in the march from Florida to Washington, was accepted to Duke University but is not able to attend because he is not eligible for Federal Student Financial Aid.  All of the young men are placing themselves at risk for deportation by this public display.  How sad for them to have come so far and worked so hard - only to be set back by circumstances and events beyond his control.   Had their families thought about correcting their U.S. status while these young men were still in elementary or high school, then at least one would be attending Duke University instead of marching to Washington.

Financial Aid Counselors may find it difficult to bring this subject up to certain students.  In this day of "political correctness"; maybe it would be considered rude for a counselor to broach the subject with a student or his family.  But I think the consequences far outweigh the possible "profiling" nature of the subject.  Since it is high school guidance and financial aid counselors who come into contact with students - it should be incumbent on the counselors to let the families know that DNA tests can expedite family based visas.  Since there is the usual paperwork and bureaucracy involved, starting the process while the children are either in elementary or early in high school is recommended.  Local Legal Aid Societies and other not for profit agencies are all involved in assisting undocumented families become reunited and achieve permanency in the United States.   

The United States needs more young people with the fortitude and courage that these young men exhibit.
 
The DNA Lady, owns a DNA collection facility in Metuchen, NJ.  If you need a referral to one of the not for profit agencies in your area, call 732-632-8820 and we will supply names, phone numbers and addresses of someone nearby depending on your circumstances - either not for profit or of legal counsel.

FAFSA applications also require that parents' disclose full financial information, irrespective of the parent's role in the child's life.  If you need a DNA test to prove/disprove Paternity or Maternity, or any other biological relationship - we're here to help, as well. 


This page contains information about financial aid and scholarships for undocumented students, illegal aliens, financial aid and college application advisers. The terms "undocumented student", "illegal alien", and "illegal immigrant" are used interchangeably and intentionally to enable this page to be found by students and their parents who are trying to find information about the scholarship process for those with undocumented status.

This page provides a neutral, objective and comprehensive summary of this topic.

Financial aid is generally not available for undocumented students and illegal aliens. The majority of all student aid, including Federal student aid, requires the recipient to be a US citizen or permanent resident (green card holder) or an eligible non-citizen. There are, however, a few states that allow undocumented students to qualify for in-state tuition rates. There are also several private scholarships available to undocumented students.

In-State Tuition

There is a conflict between Federal and State law regarding the eligibility of undocumented students (though no fault of their own) for in-state tuition rates.  Local New Jersey High School Financial Aid counselors may not know the students' status, but it is best to get the students' status corrected so that their are no surprises as they begin their search for college.

A simple DNA test, performed at your local DNA collector's office can confirm or deny a child's biological relationship to a documented father or mother.  If the child's status and his/her parents status is undocumented, there is more preparation involved and an immigration counselor can offer advice.  Catholic Charities, Legal Services of New Jersey, American Friends are all resources for such situations.  Call the DNA Lady at 732-632-8820 and she will provide you with contact information around New Jersey.     

Federal law passed in 1996 prohibits illegal aliens from receiving in-state tuition rates at public institutions of higher education. Specifically, Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Title 8, Chapter 14, Sec. 1623(a)) states: "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit (college financial aid) unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."

Several states -- Texas, California, New York, Utah, Illinois, Washington, Nebraska, New Mexico, Oklahoma and Kansas -- have passed state laws providing in-state tuition benefits to illegal aliens who have attended high school in the state for three or more years. Similar legislation is pending in Florida, Hawaii, Maryland (legislation passed, but awaiting governor's signature), Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, South Carolina, Tennessee and Virginia. (Connecticut and Wisconsin also passed such a law, but their governors vetoed it.) The Nevada system of higher education does not consider immigration status for in-state tuition, but does require it for a state-sponsored scholarship. Also, some schools in Georgia provide in-state tuition benefits to illegal aliens. The Texas law also allows illegal aliens to receive state student financial aid.

These state laws attempt to circumvent the federal law by simply not asking students whether they are in the US legally. (The California law, AB 540, requires the student to file an affidavit that he/she has filed an application to legalize his/her immigration status or intends to file an application as soon as he/she is eligible to do so. So California doesn't even attempt to maintain the fiction that the school is unaware of the student's immigration status.) They also circumvent the law by basing eligibility for in-state tuition on attendance at or graduation from an in-state high school and not on state residence.

Subsection 8 USC 1621(d) permits states to provide illegal aliens with state and local public benefits provided that a state law is enacted after August 22, 1996 specifically permitting illegal aliens to receive such benefits. However, this subsection makes a potentially limiting reference to subsection 1621(a) and so does not override the restrictions in 8 USC 1623(a). As such, it would appear that the state laws permitting in-state tuition to illegal aliens are not permitted by the federal law.

Virginia passed a law barring illegal aliens from receiving in-state tuition, but it was vetoed by the governor. The state attorney general then stated that existing state law requires state colleges and universities to charge illegal aliens higher tuition. Legislation to ban in-state tuition for illegal aliens is pending in Alabama, Alaska, Florida, Mississippi, and North Carolina. A bill to ban in-state tuition for illegal aliens was defeated in Arizona in March 2005, but a ballot initiative requiring illegal aliens to pay out-of-state tuition and making them ineligible for state student financial aid (Proposition 300) was passed in November 2006 and went into effect on December 7, 2006. States banning in-state tuition for illegal aliens include Georgia and Colorado. (The Colorado attorney general ruled on August 14, 2007 that Colorado students who were born in the US of illegal immigrant parents may nevertheless pay in-state tuition rates. The argument is that a US citizen -- the student -- is the beneficiary of the in-state tuition, not the parents, so the parents' illegal status should have no bearing on eligibility. This follows in the footsteps of a late-2006 settlement between the State Student Assistance Commission of Indiana and the ACLU of Indiana, concerning denial of state scholarships in the Indiana 21st Century Scholars Program to an otherwise eligible US citizen student because of her parents' illegal status.)

The heart of the controversy concerning in-state tuition for illegal immigrants is a conflict between pragmatism, compassion and fairness. On the one hand, why should children of illegal immigrants be punished for violations of immigration law by their parents or for delays caused by bureaucracy? Denying illegal aliens in-state tuition rates denies most of them access to a higher education. Many of these students will eventually become legal residents. One can also argue that the cost of not helping these students pursue a higher education is greater than the cost of helping them. Education increases tax revenues and decreases spending on welfare, health care and law enforcement. (The 1997 report The New Americans by the National Research Council found that immigrants -- both legal and undocumented -- with a college education save the government money, while those with just a high school diploma consume more in services than they contribute in taxes.) It seems inconsistent to provide illegal aliens with a free public elementary and secondary school education, only to deny them access to a post-secondary (college) education. This effectively limits their potential.  On the other hand, why should law-abiding US citizens have to pay higher public college tuition rates than illegal aliens? They too can be helped by lower in-state tuition rates, providing future benefits to the state and the nation. To the extent that in-state tuition rates are intended to provide a benefit to state taxpayers whose tax dollars support state colleges, the tuition breaks for illegal aliens are somewhat inconsistent. (While only 5 percent of undocumented workers file federal income tax returns according to the Mexican Migration Project (MMP), a much larger percentage have taxes withheld from their paychecks. Of the roughly 2,100 undocumented workers surveyed by the MMP, as much as two-thirds report having had federal income taxes withheld from 1997-2002. Other, more conservative studies estimate that about half of undocumented workers have income taxes withheld from their paychecks. It is unclear whether the employers deliver the withheld taxes to the government or are simply pocketing the money. Since very few undocumented workers file income tax returns to obtain a refund, effectively these workers are paying taxes at a higher marginal rate than US citizens. However, a greater percentage of US citizen workers have income taxes withheld and file income tax returns than undocumented workers.) Yet the Federal government also lacks a consistent and enforceable immigration policy, nor the will to devote sufficient resources to enforce existing immigration law.

This controversy is unlikely to be resolved until the US Supreme Court hears a case concerning it. (The most likely test case will be a lawsuit, Day v. Sebelius, filed on July 19, 2004 to challenge a Kansas law (76-731a) that allows children of illegal aliens to pay in-state tuition rates. However, the US Court of Appeals for the 10th Circuit ruled on August 30, 2007 (05-3309) that the plaintiffs lacked standing to challenge the constitutionality of the Kansas law and that the plaintiffs lacked a private right of action to enforce preemption by 8 USC 1623. The court's decision hinged on the plaintiffs failure to demonstrate that they had suffered actual "concrete and non-speculative" harm from the Kansas law, nor that the injury would be redressed by overturning the law. In particular, even if the court struck the provision allowing illegal alien state residents to qualify for in-state tuition, the plaintiffs would still not be qualified to obtain tuition rates reserved for residents. Likewise, the plaintiffs failed to demonstrate a causal relationship between the benefits accorded to illegal aliens and the tuition charged to nonresident US citizens. As such, their claimed injury is conjectural and hypothetical, and unsupported by evidence. Since the plaintiffs lacked standing to bring their suit, the appeals court did not evaluate whether the Kansas law violates the equal protection clause of the fourteenth amendment or the merits of the preemption claims brought by the plaintiffs.) On December 17, 2007, the 10th circuit court of appeals denied a request for a rehearing before the full court. Most likely the decision will focus on the Equal Protection Clause of the 14th amendment of the US Constitution, as did the decision in Plyler v. Doe, 457 US 202 (1982). It will also likely overturn state laws, regardless of whether they provide in-state tuition to illegal immigrants or ban it, since the authority to regulate immigration belongs exclusively to the federal government. It might also find that offering reduced in-state tuition to state residents is unconstitutional.

Court cases in Kansas and California have also focused on the use of the word 'benefit' in 8 USC 1623, arguing that Congress's intent was to restrict monetary benefits and that in-state tuition is not a monetary benefit but a status benefit. In particular, "state or local public benefit" is defined in 8 USC 1621(c)(1)(B) as benefits for which "payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government" and 8 USC 1623(a) uses the word "amount" in connection with the term "postsecondary education benefit". The crux of the argument is that reduced in-state tuition is not a monetary benefit because payments are never made to the individual or family. However, one could also argue that Congress's intent in passing this law was clearly to prohibit in-state tuition for illegal aliens in addition to state financial aid, and that reduced in-state tuition falls within the scope of the term "assistance".

There is pending legislation in the House and Senate that would repeal the Federal restriction and make college more affordable for illegal aliens. (The original 2003 Senate version of the bill was known as the Development, Relief and Education for Alien Minors (DREAM) Act (S 1545) and the original House version of the bill was known as the Student Adjustment Act (HR 1684). These bills were reintroduced in the 110th Congress as the DREAM Act of 2007 (S.774) and the American Dream Act (H.R.1275), with the latter bundled into the STRIVE Act of 2007 (H.R.1645).) The DREAM Act would permit states to determine state residency for higher education purposes by repealing Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. It would also provide a mechanism for undocumented students of good moral character to become legal permanent residents and to qualify for Federal student aid.

Additional information can be obtained from the National Conference of State Legislatures site.

Scholarships

Another potential source of financial aid is private scholarships. There are a few private scholarships for undocumented students that do not require the student to be a US citizen or resident or have a social security number in order to apply. Information about such scholarships can be found in the FastWeb scholarship search. Other good resources include the Mexican American Legal Defense and Educational Fund (MALDEF) (see especially the MALDEF List of Scholarships for Undocumented Students and the MALDEF Scholarships) and the Salvadoran American Leadership and Educational Fund.

Federal Student Aid

If the student is a US Citizen but one or more parents are undocumented, the student is eligible for federal student aid. However, if the parents supply a fake or stolen social security number (SSN) on the form, the student's FAFSA will be rejected when the parent's social security number fails to match. The FAFSA may also be rejected when the parents submit a SSN or Taxpayer Identification Number (TIN) that is valid for work purposes only. If the parents do not have a social security number or the social security number fails the match, they should use 000-00-0000 as their social security number on the FAFSA form.



Family of Permanent Residents

As a permanent resident (green card holder), you may petition for certain family members to immigrate to the United States as permanent residents.

You May Petition For The Following Family Members:

·         Spouse (husband or wife) 

·         Unmarried children under 21 

·         Unmarried son or daughter of any age

Application Process

To obtain a green card for your family member, you must:

·         File Form I-130

·          Provide proof of your status to demonstrate that you are a permanent resident.

·         Submit evidence of the qualifying relationship such as a birth certificate, marriage certificate, divorce decree, etc. See the form instructions for specific documents required.

·         Submit proof of any legal name change for you or your family member (the beneficiary).

See the instructions for Form I-130, Petition for Alien Relative, for detailed instructions.

If you or a member of your family is in the U.S. military special conditions may apply to your situation. For information and additional resources, see the "Information for Members of the Military and their Families" link to the right.

Preference Categories

When petitioning for your relative, the following preference categories apply: 

·         First preference: Unmarried, adult sons and daughters of U.S. citizens. (Adult means 21 or older)

·         Second Preference (2A): Spouses of green card holders, unmarried children (under 21) of permanent residents

·         Second Preference (2B):  Unmarried adult sons and daughters of permanent residents

·         Third Preference: Married sons and daughters (any age) of U.S. citizens

·         Fourth Preference: Brothers and sisters of adult U.S. citizens

A visa becomes available to a preference category according to the priority date (the date the I-130 was properly filed). For more information on priority dates, see the "Visa Availability and Priority Dates" link to the right.

What happens next?

·         If your relative is already in the United States legally, he or she may apply to adjust status to become a permanent resident after a visa number becomes available using Form I-485, Application to Register Permanent Residence or Adjust Status. 

·         If your relative is outside the United States, your petition will be sent to the National Visa Center (NVC). The NVC will forward your petition to the appropriate U.S. consulate when a visa becomes available and your relative will be notified about how to proceed. This process is referred to as "Consular Processing."

·         Your family member's preference category will determine how long he or she will have to wait for an immigrant visa number. Once you have filed a petition, you can check its progress on "My Case Status" in the links to the right. For visa availability information, see the "Visa Bulletin" link to the right.

For more information on becoming a permanent resident, see the "Adjustment of Status" (for processing within the United States) and "Consular Processing" (for processing overseas) links to the right. For more information on green cards, see the "Green Card" link to the right. For more information on each benefit type and the steps to take to help your relative immigrate, see the links to the left.

Note: A visa petition (Form I-130) is only used to demonstrate a qualifying relationship. An approved petition DOES NOT grant any benefit except to create a place in line for visa processing. For more information on green cards, see the "Green Card" link to the right. For more information on relatives and green cards, see the link to the left.

The DNA Lady owns a DNA Testing facility in Metuchen, NJ  732-632-8820.  Call for questions on how to set up DNA tests for yourself and your beneficiaries at home.  DNA Testing is often part of the non-documentation form of confirming a biological relationship to someone in another country and also one of the fastest methods.  Rather than searching for old birth certificates, marriage certificates a non-invasive DNA test performed at an Embassy approved facility and analyzed at an AABB accredited laboratory can help expedite the immigration process. 

 

Who Can Answer Your Immigration Questions?

        Private Attorneys: Call the American Immigration Lawyers Association at 1-800-954-0254 for a referral.  Also, check for other  "Accredited Representatives" at the following: www.usdoj.gov/eoir/statspub/raroster.htm

        There are NO new amnesty laws

        There are proposed changes in immigration law but these are only proposals and are not laws; no one can apply for lawful permanent residency under those proposals

        You cannot apply for lawful permanent residency because you have been in the United States for a long time unless you have lived here continuously since January 1, 1972

        If you apply for employment authorization or lawful permanent residency when you do not qualify, the Department of Homeland Security will start removal proceedings against you, which may result in your removal from the United States

        A lawful permanent resident may lose this status if he/she commits a crime or if he/she is outside the United States for more than six months without advance permission from the Department of Homeland Security

How Can You Prevent Fraud?

        Only go to an attorney or accredited representative if you have immigration questions

        Lawyers must have a license to practice law - ask to see their law license

        Accredited representatives have to be accredited and work for an agency recognized by the Board of Immigration Appeals - ask to see their accreditation documents

        Never sign an application with false information

        Never sign a blank form

        Ask for copies of everything you sign

        Get a second opinion before filing any immigration application, especially if the advice sounds too good to be true

        If You Are a Victim of Immigration Fraud, Report it to the Attorney General of the State in which you legally reside. 

 Finally, one of the fastest methods of moving through the immigration process is by positively identifying the biological relationship to your beneficiary(s).   An AABB accredited DNA collections/testing facility can perform a simple, non-invasive DNA test to confirm paternity, maternity, grand paternity/grand maternity, full sibling vs. half sibling vs. unrelated and avuncular (aunt/uncle) biological relationships.  See the DNA lady's glossary of terms for more information.    DNA tests are the gold standard in human identification.  Call your local DNA collections expert, to schedule a DNA test for yourself and for your beneficiary.  The results of these tests are sent directly to the US Citizen and Immigration Service Center, National Visa Center, U.S. Embassy or the National Passport Office, whichever government entity you are working with to reunite with your family. 

How many times do you interact with a client and just wish they were all like that.  Providing private DNA tests to the community has truly opened my eyes to the world and to the different kinds of people. 

Children of about 4 - 8 years old are particularly fun.  They are somewhat aware that the DNA test has something to do with them and their parents - but they don't grasp the full concept or levity in the situation.

One little boy recently just made my whole day worthwhile.  It was in June in New Jersey and we were either having rainy days or hot, humid days.  Either way going out on a mobile DNA collection in any of that weather was not something I was looking forward to doing that day.  First, establishing that we could use a local social service office to meet and do the collection, then finding parking close to the facility as the area was not one of the best New Jersey has to offer and then getting through the paperwork - I would rather have spent the day in an air conditioned office making phone calls to the gate keepers in doctors and lawyers offices.    You get it.

But, the little guy in the test made my day.  He was about 4 - 5 years old, he was being tested in order that his mother (beneficiary) could be sponsored by him a little 5 year old boy and his older brother and brought to the United States through a family Visa.  He was too young to fully understand how important he was on this day.  As I said, it was probably 80 degrees out and humid as possible.  The little came guy came bouncing into the facility with his dad and sat right down next to me.  He was neatly dressed, his hair all brushed, shoes polished and just a bubbly bunch of energy.  He was also very polite and talkative, a clean slate of open eyed trust and faith.  He had on very cute pin striped pants and couldn't  have been more proud of himself that day because he dressed himself. 

The facility we were using didn't have the best of air conditioning so I was showing signs of feeling the heat, a little runny make-up, a bit of friz in my hair and that clammy feeling.  But my little DNA participant didn't feel a thing.  He had dressed himself to the nines that day and I don't think that his Dad took a good look at him before leaving the house.  My little DNA guy, in 80 degrees and probably 80% humidity had on his Blue Winter Coat with the Big Red Race Car on the front that you couldn't miss as he sat down next to me to tell me all about the car. And underneath, his warm snuggly Big Red Race Car jacket, he has put on two of his favorite yellow T-Shirts - which may have had something to do with sports again but I was too dazzled by his Blue Winter Coat to hear him say what sports the Two T-Shirts underneath his Blue Winter Jacket represented.  You see he did know there was something important about him today, more so than other days and so he had dressed for the event.  All through the DNA test, he talked about the Red Race Car, not the least interested in what a really important thing he was doing that day and I can tell you for two days I smiled about this little guy and his Blue Winter Jacket with Red Racing Car.  Just for the record, his big brother was just as sweet and polite but he didn't have a Red Racing Car jacket. 

You see DNA Tests are not always about "whose the daddy" - DNA tests offer so much more to our community besides just a simple Paternity Test. 

Sometimes, it is the little things that can make it all worthwhile. 
Excerpt from ImmigrationRoad.com

"Immigration and Naturalization Services (INS) will never die, or so it appears. Why? Six years after INS - Immigration and Naturalization Service - ceased to exist, the term "INS" is being searched 4 million times around the globe on Google, in a single month. As a comparison, only 1 million for its successor, US Citizens and Immigration Services or USCIS.

When INS was the King, it not only handled immigration services, but also immigration law enforcement. Its Operations division managed INS regional centers, districts, local offices, and international offices. They were responsible for processing millions of visa, immigration and naturalization petitions every year. The Programs division was responsible for law enforcement, including apprehension, detention and deportation of illegal immigrants. INS was also in charge of patrolling the border and ports of entry.

When the Department of Homeland Security (DHS) took over INS from the Department of Justice, however, the government wanted to split its core functions. So in March, 2003, the mighty INS came to an end. All service related activities were moved to the newly created United States Citizenship and Immigration Services (USCIS), while immigration law enforcement became part of Immigration and Customs Enforcement (ICE) and border patrol joined Customs and Border Protection (CBP). INS employees were absorbed into the above agencies with their organizations."

The DNA Lady owns a DNA collections franchise in New Jersey offering non-invasive DNA tests to confirm biological relationships.  Any questions related to DNA whether it is for a simple Peace of  Mind Paternity test to a more complicated Family Reconstruction Test, call the DNA Lady at 732-632-8820 for assistance.  DNA tests are used to confirm paternity, maternity, grand paternity, and siblings (full vs. half vs. unrelated).   Aunts and uncles can also be used to determine biological relationships.  See the DNA lady's blog about Y Chromosomal testing and mt DNA testing.   Court admissible tests offers families assistance in obtaining child support, child visitation, survivor benefits as well as providing a solid foundation for children to develop having full knowledge of both biological parents. 






Step by Step Guide to Family Based Immigration into the United States

Do you have a relative living in the United States?
Is your relative a U.S. citizen?  (see below for Permanant Resident status)
Are you a spouse? (IR 1)
Are you an unmarried child under the age of 21 (IR 2)
Are you an adopted orphan of a U.S. citizen? (IR 3, 4)
Are you a parent of a U.S. citizen who is 21 or older? (IR 5)

If you answered yes, to any of the above questions and can prove the biological relationship then you qualify for family based immigration and in most cases you do not have to wait for VISA numbers.  The U.S. citizen files an I-130 and you enter the U.S. as a non immigrant and then file an I-485 to adjust your status and receive your green card.  Other family members, also qualify for family based immigration but need to wait for VISA numbers.  Here is the current order of preference:

F1 - unmarried children (and your children) of a  U.S. citizen and you are 21 or older, 
F3 - married children (and your spouse and children) of a U.S. citizen
F4 - brother or sister (and your children) of a U.S. citizen who is 21 or older

The gold standard in proof of a biological relationship to a  U.S. citizen is a DNA test.  DNA tests today are accomplished via a non-invasive cotton swab of the inside of the mouth.  In order to be accepted by a U.S. government agency, the laboratory has to have minimum accreditation of American Association of Blood Banks (AABB) and the DNA collection has to be performed by a third, disinterested neutral party.  There are DNA collection sites and over the counter DNA kits springing up all over the United States and abroad.  Be careful to chose a lab that has experience with DNA tests in your country of origin, is accredited by the necessary institutions to insure quality and accuracy and will assist you in interpreting results once received (can an 800 operator do that?)  The over the counter or do it yourself kits are not an acceptable method for immigration or any other legal initiative.  A local DNA collections expert can confirm your appointment in one phone call and arrange for the DNA collection of your family member in a foreign country.  As long as everyone follows the instructions of the local DNA collections expert, the process of identifying your family members via DNA can be accomplished in as quickly as one month.  The country or origin, ie, India or China, may take a bit longer than Haiti or Santo Domingo only due to proximity and Embassy approved facilities availability.  Each country varies but if a local passport is available as a means of identification, then bring the passport along with other forms of identification to the DNA collection appointment.
 
Note 1:  If your relative in the United States is not a U.S. Citizen but is a Permanent Resident and you are a spouse or unmarried child, you qualify for 2nd Preference VISA -  you still have to wait for a VISA number to enter the USA but you may qualify for a V Visa.  Your relative has to file an I-130 Petition for Alien Relative, which is sent to the National Visa Center.  The National Visa Center will send out instructions regarding interview, medical exams, security checks (DNA tests) which you must follow in a timely manner.  After which you receive your immigrant VISA, and you enter the USA as a conditional Permanent Resident on your way to a Green Card. 

While there are many ways in which to enter the United States legally, ie, employment based with adjustment of status, employment based through consular processing, immigration through a diversity lotto or immigration through investment, most chose to enter the United States through family based immigration.  DNA tests are easily attainable, affordable and considered the gold standard in biological identification.  Ask your local DNA collections expert to discuss with you their accreditations and experience working with your country of origin. 

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.  Immigration DNA testing provides the gold standard of biological identification and cuts through any further red tape. 

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 or in some cases, the parents were not married at the time of the child's birth.  In any of these situations the U.S. Embassy or the National Visa Service Center is likely to issue a Request For Evidence(RFE) . The RFE requests further proof or a relationship by means of immigration DNA testing.

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 however, in this world of extended families, immigration may need to accept that although the biological relationship does not exist, this sponsor wants to raise a child as his/her own and if the child has no other relatives in the country of origin, then why not allow him/her into the United States. 

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 as significant as one might think and it many cases can be accomplished for less than $1000 depending on country of origin and number of family members to be tested.  DNA testings eliminates any doubt of fraudulent paperwork.

About this Archive

This page is a archive of recent entries in the Immigration category.

Forensic is the previous category.

Infidelity is the next category.

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