Recently in Immigration Category

DNA Testing and the DREAM ACT

As with so many trends in the United States, most are started in the sunny state of California.  So the latest, is that California Governor Brown has signed into law, the DREAM Act - Development , Relief and Education of Alien Minors - which allows for in-state tuition aid to non USA citizens students who are on the path to citizen ship.  To prove a point about trends starting in California - who was the first to ban cigarette smoking in public places.  A long time ago (1986) a family member returned home from living in California and posted a sign in her home "No Smoking - Lungs at Work".  We were horrified by the construction type sign displayed in her ladylike home - yellow with a big black "X".  But having lived in CA for sometime, our family member saw nothing odd about this notice and in fact, thought we (East Coasters) were out of touch.  Turns out - even though the sign was offensive - the sentiment was logical and is today part of the entire nation's every day life.  So, I plead my case - that many trends start out in CA and the rest of us just better get on board.

If that is the case, then we can see that the remainder of the States will shortly be considering the DREAM Act and its' value to the growing immigrant population.  Watch for States like New York (already pushed through Regents Board), Florida, New Jersey, and others to quickly follow.  Children brought into our country illegally through no fault of their own, are motivated to continue their efforts to work hard and gain a good education and become US citizens. 

The question remains - Do School Administrators/Superintendents/Counselors/School Nurses/PTOs and PTAs in districts with majority of immigrant population - have any responsibility to inform students and their parents of the need for proper documentation or the PATH to citizenship, in order to obtain federal financial aid at secondary schools.  Who will start the minor alien child on the path to citizenship?

Perhaps a child was born in Mexico to a father who was a USA citizen.  Perhaps a mother, who had already obtained Permanent U.S.Residents, returned home to Mexico to have her child clowser to her family.  All that child needs is corrected birth certificates or CRBA as outlined below.  DNA Tests are an affordable and painless method of proving biological relationship to a USA citizen and are accepted by the U.S. Consulate and Embassy offices, provided an accredited laboratory performs analysis. 

For a quick reference regarding Children born in Mexico to a U.S. Citizen:

Consular Report of Birth Abroad

The U.S. Consulate General Guadalajara strongly encourages all U.S. citizens who have children born in Mexico to register them as U.S. citizens as soon as possible after birth. Upon registration, the child will be issued a Consular Report of Birth Abroad of a Citizen of the United States of America (CRBA), which is an official record confirming that the child acquired U.S. citizenship at birth. A CRBA can be issued only at an American Consular Office overseas, and only before the child reaches 18 years of age.

Parents seeking to obtain a CRBA for a child must be able to demonstrate to the interviewing consular officer that:

1. At least one of the parents was a U.S. citizen at the time of the child's birth;
2. The child is the biological child of the U.S. citizen parent(s); (DNA Tests are the gold standard of identification but only use a reputable collector and accredited lab)  and
3. If only one of the parents is a U.S. citizen, the U.S. citizen parent was physically present in the United States for the required length of time prior to the birth of the child.

If both parents are U.S. citizens, at least one of them must have resided in the United States prior to the child's birth. The period of physical presence in the United States required to transmit citizenship to a child born abroad varies, depending on the date of birth of the child and the marital status of the parents. Please see the following Citizenship Chart to determine which category applies to you and your child.

 

With the softening of political relationships between United States and Cuba, many Cuban families will be reunited sooner.  Since the 1950s, Cubans have risked their lives, left their family members behind and arrived on American soil in search of a better life.  As with many immigrants before them, Americans set up agencies to specifically work with these new arrivals - in fact - we eliminated much of the paperwork other ethnic groups encountered and encouraged Cubans to get to the United States shores and out of the Soviet style dictatorship that is Fidel Castro. 

The majority of the Cuban immigrants set up life in Florida but many made their way further up the East Coast and settled in Union City, NJ.  Union City, NJ became so dominated by the "Cuban" flavor that it became known as "Little Havana on the Hudson".  Since the year 2000, there is a Cuban Day Parade celebrated in June - plans are already in the works for this years event - proceeds go to scholarships for disadvanted children, aid for worldwide natural disasters and other humane organizations.  For over 45 years, Cuban Americans have participated in Union City, NJ's political, social and economic environment. 

These Cuban Americans, now fully assimilated into American life have longed for the day when travel to/from their country would be more direct. President Obama, has loosened travel restrictions and allowed for Americans to send cash to family members in Cuba who are not members of the Castro Administration or Communist Party.  Further, reunification with family members who for various reason did not leave Cuba will now become easier.  Cuban Spouses or minor children of Legal Permanent Residents of the United States, can now proceed through immigration under regular immigrant Visa applications as of January 2011.  If documents are not available to confirm the biological relationships claimed on a Family Based Visas - a simple DNA test can expedite confirmation and reunite families even sooner.  The DNA Lady can arrange for DNA sample collection from the Sponsor in the United States and the Beneficiary (s) in Cuba.

Cuban-Americans form the 4th largest Hispanic population in the United States and also the largest group of Hispanics of European ancestry. 

 

More Tips on How to Become a U.S. Citizen

Start the Process for US Citizenship Application – Form N-400

Form N-400 is the application for obtaining naturalization for US Citizenship.  The Form N-400 is used by Lawful Permanent Residents, also known as green card holders or permanent resident card holders over the age of 18 who meet the eligibility requirements to apply for Citizenship.

A completed Form N400 (Citizenship Application) has to be filed along with photos and supporting documents. A green card holder who is above 18 years of age and meets other eligibility requirements can file N400 form. Becoming a U.S. citizen has many advantages including the right to vote and the ability to sponsor relatives to come to the United States.  Most of the forms can be found on line and it is important that you submit the most up to date forms. 

Sponsoring your relatives to join you in the United States also requires documentation, photographs and processing different paperwork.  If you are already in the immigration process and are having difficulty in proving the biological relationship to your beneficiary (family member) in another country, you can have a DNA test completed by an AABB approved DNA testing facility.  DNA Testing proves beyond any doubt that you are biologically related and most DNA collection facilities can coordinate the DNA testing on the U.S. Sponsor or Petitioner and the Beneficiary in the foreign country.  DNA Testing is used to confirm Paternity, Maternity, Full Siblings, Half Siblings, Aunt and/our Uncle relationships. 

Eligibility for Filing N400

The applicant must be age 18 or older at the time of filing N400.

Valid green card for a period of the past 5 years.

If married to U.S. Citizen you may apply after 3 years with valid green card.

One exception prevails - if an applicant has served in the United States armed forces during war, that individual may obtain US citizenship without first becoming a permanent resident if they were in the United States upon enlistment into the U.S. military.

Applicants wanting to obtain US Citizenship must have maintained continuous residence in the United States for at least five years immediately preceding the applicant's filing for citizenship with form N-400. Continuous residence is not the same thing as physically being present in the United States. An applicant must maintain status as a legal permanent resident, but does not necessarily have to be physically in the United States to accomplish this. For instance, if individual is overseas for a portion of this period, maintaining a U.S. address and paying one’s state and federal taxes may help to provide continuity of residence for this eligibility requirement. If the applicant plans to be abroad for several months, it may be wise to file Form I-470, Application to Preserve Residence for Naturalization Purposes, prior to departing the U.S. in order to preserve their continuous and physical residence status.

NOTE: It is required that physical presence is established within the U.S. for a total of at least one half of the period of required continuous residence.

The applicant must have resided at least three months at their primary residence within the state where the N400 is submitted before filing their US citizenship application.

The applicant must be able to read, write and speak ordinary English unless they are physically unable to do so due to a disability such as being blind or deaf, or suffer from a developmental disability or mental impairment. Individuals over 50 years of age on the date of filing who have lived in the U.S. for a total of at least 20 years after admission as a permanent resident and those individuals who are over 55 years of age and have been legal permanent residents for at least 15 years are also exempt from this requirement.

An applicant applying for US citizenship must have a general knowledge of the fundamentals of U.S. history and government.

The applicant must be a person of good moral character and willing to abide by the principles of the U.S. Constitution.

If you are located in Perth Amboy, NJ; Trenton, NJ; Passaic, NJ; Newark, NJ - see our list of community offices that may be available to assist you in the various steps involved in moving through the immigration process. 

When I first entered my former line of employment there were all these older men from around the country and around the world, who used terms like "fob" "cif" "inco" "FMC" (I put that is caps for a reason) - "ipi" "mlb" - reverse "ipi", bb, BAF, FAF, BSC etc., - they would throw these terms around (along with some very colorful language) so much so that I thought my vocabulary was lacking.  Why had I never heard the term Bunker before - except with reference to Bunker Hill.  I fondly remember one man who's desk was moved around the office because the "ladies" were offended by his afternoon language - he was my best teacher.  "Lady - you can't charge me a damn CFS on my damn BB cargo".  He wasn't PC but he was a damn good teacher.  I very quickly learned what the hell he meant.  This shipping business, a lot less conservative than law or perhaps science, was fun, fast paced and certainly exotic.  I was 24ish, when I entered this fast-paced (35 days to get from New York to Yokohama) world and had alot of commercial catching up to do with my counterparts in other countries. 

I grew up in a suburb of New York, a street rat from underground night clubs of New York - not really seeing the ships in the harbor, the light at the end of the tunnel or the writing on the wall.  I was the grand daughter of a Traffic Manager at Puerto Rico Line somewhere in the 1940s and 1950s, you would think I would have known about a career in shipping - but in my little world you were encouraged to be a doctor, a lawyer, a CPA or a teacher, a librarian, or a banker of some sort.  Although my mother travelled on ships in the Caribbean, The Gulf of Mexico and the South Atlantic, thanks to her father's chosen career, not once did I ever hear career advice about entering the fascinating world of shipping.  What's that saying - Mother's always know best...

I like to dip my toes into the water and then dive head in, once I know it's OK.  I took some time to get to understand the people (mostly older white men with limited degrees), the language - as colorful as my very first job during High School as a Civilian Aid in a Brooklyn Police Station, the various cultures (from Asia to South America and everything in between by the time I left shipping) - I still can't draw firm conclusions about any one culture - but I will tell you this - put more than 5 men in one room from 5 different companies with 5 different cultural backgrounds with 5 different goals in mind and each of them will come out a winner.  Again, they would throw abbreviations around like P&G or M&M, AMF, FMC (not the government agency) (side bar - when I watch Mad Men now on Sunday nights - it reminds me of the these men in more ways than one) They knew their stuff, they could recite Fortune 500 company names and executives, expected ocean volumes, bunker prices in Malaysia, outside competition, inside competition, all day long just to try "capture" some business.  I used to love that word "capture" - it sounded like an adventure when in fact it was a buying expedition.  We, the "underdog SS Line" at this table, will capture this business if you the "big dog RW&B line" will let us charge this price - of course we had anti trust immunity. Some liked the "one upmanship" - actually mostly there was alot of them and I learned how to do the same - although coming from a female it wasn't "on upmanship" it was being a bitch.   When the men at the table were passionate about an issue - they were hard at work establishing (that was another word thrown around alot) their line's rights to the cargo - when the women were "fighting for the rates" - it was just a cat fight.  Sad to say at times it was just ignorance.   I used to think too bad - I learned from the masters and here I am sitting with well, cats.   

I was definitely interested in the show put on and the language used by these men to get their points across and be able to return to their offices, victorious at persuading a counterpart from another company to allow them to carry a certain piece of cargo on their ships - imagine Don Draper having to go to his rival ad man to ask if he could write his campaigns in his own style.  I enjoyed the first time I telexed an IA to the administrator of our government enforced tariff filing system. I also rued that day because that meant the demise of these all day long meetings, lunches at the great restaurants in NYC and travel to other cities and countries.  As the years progressed "steamship" lines as they were known, moved out of NYC and so we "had" to visit other cities so that not everyone "had" to travel to the weekly meetings.  Single, no responsibilities, in an exotic foreign land or even just down in Nawlins and an expense account - what could be better - Don Draper should have it so good.    

Enough about shipping and how does this relate to DNA?  Well, today I enjoy a even faster paced, technologically savvy world of private and court admissible DNA Testing.  I spent 25 years memorizing IPI and MLB and HRTA and FMC rules - only to have to start all over with a whole new set of "initials" and "terms" and often times a much younger audience who have no idea how their DNA got into their BM (baby mama) or if their DL (down low) daddy is actually ... you get the picture.  I have my b.berry on 24/7 so that the AF (alleged father) can call me and set up his POM (Peace of Mind) DNA Test.  I have my email up so that anyone with an RFE can email me and ask me the time frame, price and process to confirm his biological relationship to the person claimed on the I-797E.  I am able to recite that we use only AABB, CAP, CLIA, FQS-Int'l ISO 17025, NYSDOH, ASCLD accredited facilities - so that my customers are assured of the accuracy and reliability of the DNA Tests.

That brings to mind another term I am hearing these days - that is ACA - Affordable Care Act or FSA - Flexible Spending Account - HRA - Health Reimbursement Arrangements - HSA Health Savings Accounts - Archer Medical Savings Accounts MSA.  There are changes coming to your FSA's  - whether you are in the SSL or DNA business.  The Affordable Care Act enacted in March takes effect January 1, 2011 and will require a prescription for drugs and medications purchased with your FSA card - that means no more tax free purchases of over the counter medications, pain relivers or allergy meds.  If you are a member of your employer's FSA, HRA, HSA and need a DNA test get your DNA test done before the end of the 2010 using the dollars left on your card.  

If the IRS is asking for proof that your child is your child, - get a DNA test done and have the DNA Lady fax your paperwork to the IRS.

If you are thinking of having a baby, make sure your OB/GYN is FACOG.  Maybe your age and health require you to find a MFM (Maternal Fetal Medicine Specialist) or perhaps you are an experienced CNM (Certified Nurse Midwife) whose current client has a doubt about paternity and wants to have a DNA test done on the day of birth.

Oh, I could go on with my abbreviations - now that I have more than one industry under my belt - but with the government's handling of SSI (not SSL) I will probably have to learn a whole other set of abbreviations but thank god my DNA comes from two very bright, educated individuals who taught me that whatever happens - I can handle it.

The U.S. Embassy in Accra, Ghana has provided some valuable contact information and answers to over 25 Frequently Asked Questions.  To begin with, depending on where you are in your application to immigrate to the United States here are email contacts:

If your inquiry is regarding American Citizen Services, please send an email to acsaccra@state.gov.  If your inquiry is regarding non-immigrant visas, please send an email to NIVAccra@state.gov.  If your inquiry is regarding an adoption , please send an email to accraadoption@state.gov and finally, if your inquiry is about U.S. citizenship and immigration services, please send an email to uscisaccra@dhs.gov.  Always use  your Case Number and Beneficiary's name in the subject of the email. 

Before sending an email to any of the above addresses, please send an email directly to ivdvaccra@state.gov to receive an automated response with a list of the questions easily answered.  Below I have outlined just a few of the simple questions and answers.

What is the status of my case?

Look at the email address information above and send an email to the appropriate office with the beneficiary's name and case number beginning with ACC.  The Embassy advises they will respond within 5 - 7 business days.  It is always a solid suggestion to put a "received and read" receipt on any emails you send.  While their system may not support receipts - you will still receive an email notification that the message was delivered.

How Can My Family Join Me in the United States?

If you are a U.S. citizen or Permanent Resident and want to obtain Immigrant Visas for your family to join you in the United States, you must first file a petition with the U.S. Citizenship and Immigration Services.  Have all your original documents readily available, ie, birth certificates, marriage and death certificates, police certificates and take photocopies for your own records. Those applying for family based visas should also bring along any evidence such as family photographs marking milestone events such as birthdays, religious holidays, school events and graduations etc., correspondence between family members, phone call records, school report cards, healthcare records, etc anything that demonstrates the relationship exists between you(sponsor) and the petitioner or beneficiaries.  If the relationship and/or documentation is questionable you may be asked to undergo a DNA test to confirm the biological relationship.  Your local AABB accredited DNA collector can assist you in this process.   Based on current experience, biological relationship confirmation via DNA testing can take up to 6 or 7 months to complete.  We've collected a Sponsor in the USA in January 2010 and his beneficiaries were not collected until August 2010.  So act fast and if you know your documents are questionable, old, unclear, filed in an untimely manner, not in English - volunteer for the DNA test option and put the process in motion as quickly as you can. 

How Can I Schedule an Appointment for my Adoptive Child?

Our only information is that you send an email to accraadoption@state.gov.  One suggestion might also be to have the child undergo a DNA test in Accra, Ghana and then upon arrival to the United States, have the same child submit to another DNA Test - this avoids any possibility of children leaving the country illegally and entering other countries for human trafficking.  Make sure to use the same lab to test in Accra and test in the United States.  Additionally, if available, have the child's birth mother/father undergo DNA Paternity and/or Maternity testing in Accra, to insure the right people are surrending or terminating their rights to parenting.  A predictive genetic test on the parents may help an adoptive child in the future with their own health initiaves. 

For answers to these and many other questions related to DNA Testing and the process of immigration, please check the various websites.  DNA collections are performed at the U.S. Embassy in Accra, Ghana by appointment only.  U.S. Embassy in Accra, Ghana is open Monday to Thursday 7:30 am to 5pm and Friday from 7:30 am to 12:30 pm.  The U.S. Embassy is closed on U.S. and Ghanaian holidays. 

What do I need to Do to Prepare for my DNA appointment?

In this United States, the sponsor needs to contact an AABB accredited DNA collector or laboratory to set up the process.  The sponsor's DNA, identification and Immigration Casework number will be collected in the United States.  The AABB accredited facility in the United States will then contact the Embassy in Accra, Ghana to have your beneficiary come in for an appointment.  The U.S. sponsor needs to provide accurate and clear phone and contact information for the beneficiary - home address etc., Your beneficiary will need to bring in his/her passport and two photos.  The U.S. laboratory will provide a FEDEX waybill so that the beneficiary's sample can be returned to the US laboratory for testing.  Your beneficiary is only charged a local collection fee, all charges for the DNA analysis are paid by the sponsor in the United States.  Please inform your beneficiary and anyone attending a DNA collection that they may not bring with them weapons of any kind or size, sharp metal or glass objects, razor blades, liquids, bottles powdery substances, umbrellas and electronic or battery-operated equipment (including cell phones, radios, tape recorders, cameras, personal digital assistants) food, drinks or pre-mixed baby formula.  There are no lockers available in which to store these items -  you will not be allowed into the building. 

How Do I check My Priority Date?

The Department of State publishes the list of current priority dates every month known as the Visa Bulletin.  You can find the current one, as well as archived bulletins at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html.

The Diversity Visa Season ends September 30 of each year.  No further visas are issued from the previous Diversity Visa program year after this date. 

There is an entity, the Executive Office for Immigration Review, (EOIR) within the Department of Justice that under delegated authority from the Attorney General, immigration judges and the Board of Immigration Appeals interprets and adjudicates immigration cases according to United States immigration laws.

In the current atmosphere of "eye on the illegal", suppose your client is being held or deported for minor confrontations with the law but he or she is the sole provider for a family here in the United States.  Perhaps proving the biological relationship between your client and the dependent family would allow the judge some leniency on behalf of your client.  When birth certficates are incomplete or not available, when marriage and death certificates are unreliable or unavailable, a prompt Chain of Custody DNA Test can provide indisputable proof to a judge that your client is biologically related to a person here in the USA.  DNA Tests are routinely used to confirm paternity, maternity, grand paternity, siblings and avuncular relationships.  Proof of biological relationships assist families in obtaining benefits that would otherwise go under utilized (or back to the employer) if biological relationships were not properly declared at birth. 

An EOIR immigration judge conducts administrative court proceedings in immigration courts located throughout the United States.  In New Jersey, the immigration Judges are:

Honorable Dorothy Harbeck

Honorable Mirlande Tadal

Both Immigration Judges conduct hearings at 625 Evans Street, Room 148 A, Elizabeth, NJ   07201.  You can also contact the Court Administrator Yolanda English at 908-787-1390 for assistance. 

In Newark, NJ there are quite a few more Immigration Judges available for hearings.

Honorable Annie S. Garcy

Honorable Frederic G. Leeds

Honorable Eugene Pugliese

Honorable Margaret R. Reichenberg

Honorable Alberto J. Riefkohl

Honorable Susan Roy

970 Broad Street, Room 1135, Newark, NJ   07102.  The Court Administrator is Charlene McLaughlin at 973-645-3524. 

These judges can determine whether foreign born individuals - who are charged by the Department of Homeland Security DHS) with violoating immigration laws should be removed or be granted relief from removal and be permitted to remain in this country.  What better reason to allow a man or woman to stay in this country, if they are the provider of a family in need and if a biological relationship exists and can be proven using today's most up to date technogy - the DNA Test.  Perhaps a young man or woman is the sole provider and/or family member of an elderly parent or grand parent.   Non-invasive DNA Tests can confirm grand paternity and   

The Board of Immigration Appeals primarily reviews appeals of decisions by the immigration judges.  EOIR's Ofice of the Chief Administrative Hearing Officer adjudicates immigration-related employment cases.  EOIR is committed to ensuring fairness in all of the cases it adjudicates.  The Executive Office is located at 5107 Leesburg Pike, Suite 2600,  Falls Church, VA 22041.  703-305-0289 Phone.

 

If you receive a letter from the U.S. Department of Justice, Executive Office for Immigration Review advising receipt of your appeal of a decision made by the USCIS you may wish to have an attorney represent you at the hearing.  However, your attorney or Accredited Representative must complete and file with the Board, specific forms and in a timely manner prior to a meeting with the board.

There are any number of reason why you may be declined by the USCIS or U.S. Embassies to sponsor a relative on the basis of a family visa.  The birth certificate, marriage certificates or other family identifying documents may be not have been filed in your country of origin in a timely manner.  There are cases where father's names are placed on birth certficates decades after the birth of a child, and the USCIS may question this practice or doubt the validity of the document.  You can expedite the proof of your relationship to a beneficiary in another country via a DNA test.  DNA tests are used to prove maternity, paternity, full siblings vs. half siblings and grand paternity.  Your local DNA collector can advise  you on what type of test to request to insure reliable and accurate results.  All DNA tests used for the purpose of immigration must be performed by an American Association of Blood Banks (AABB) accredited laboratory and original results are sent directly from the AABB accredited laboratory to the USCIS or U.S. Embassy offices.  The process may take several weeks or months and in your own best interest, you should work with your local DNA collector so that in the event  you need to follow up - you will be working with someone in your community - not another state or country. 

Within 15 days of receipt of notice from the Board of Immigration Appeals your attorney or Accredited Representative must complete a form EOIR-27 (Notice of Entry of appearance as Attorney or Representative before the Board).  If the forms are not filed in a timely manner, you will be considered as "pro se"  - that is representing yourself and all noticies and the Board's decisions will be sent only to you at the most recent address of record. 

Your appeal may be dismissed for a lack of jurisdiction, unless there is a clear indication that your attorney represents you, the petitioner, and you have authorized the appeal.  Only the petitioner (sponsor) may appeal the denial of a visa petition or a fine (except in limited circumstances of self petition battered spouse or widow).

The board will not recognize a Form G-28 (Notice of Entry of appearance as Attorney or Representative), which is used in proceedings before USCIS, and will not recognize a Form EOIR-28 (notice of Entry of Appearance as Attorney or Representative before Immigration Court), which is used only in proceedings before an Immigration Judge. 

Additionally, if you change your address while your appeal is at the Board, you must file a Form EOIR-33/BIA Change of Address Form with the Board within 5 business days.  A copy of your change of address must be filed with the USCIS office that controls your file.

Use of an overnight courier service strongly recommended and encouraged to ensure timely filing and receipt of documents. 

United States citizens can petition for their spouses, parents, children or silbings to immigrate to the United States and permanent residents can do so for their spouses and unmarried children.

In most cases there are sufficient written records and documents to validate biological relationships claimed on immigration petitions and satisfy the requirements of the U.S. Citizens and Immigration Services or the U.S. Embassy.  However, in the event that more evidence of a biological relationship is needed, a voluntary DNA test may be requested.  DNA Tests are typically requested for immigations and passports and sometimes for other reasons.  It is important to bring all requests for DNA evidence with you to your DNA collection in the  United States, so that you collector will know which agency to contact in your beneficiary's country.  Your paperwork will also indicate where the original DNA results should be sent. 

DNA Testing fees vary by country and by test type.  For example, a U.S. citizen who is petitioning to bring his/her mother to the United States will be ask to pay for a Maternity Test as well as all shipping and postage fees from the United States and back to their beneficiary's country.  On the other hand, a U.S. citizen petitioning to bring over silbings will pay for a siblingship test - based on the number of siblings involved in the test and the shipping and postage fees. All of the DNA Kits sent to Embassies, panel physicians and USCIS offices in foreign countries are done via DHL or FEDEX so that you can maintain a record of sent/received dates and include that information with your interview paperwork.  

The sponsor (or person residing in the United States) will require a government issued photo identification and as mentioned above, a copy of the letter from the USCIS or Embassy asking for a DNA test.  If this letter is not available, the minimum requirement will be paperwork that identifies their government issued case number.   The beneficiary (or person residing outside of the United States) will be collected either at a U.S. Embassy, an approved panel physician in the foreign country and in some cases at the USCIS offices.  Some countries contact the beneficiary in their country with an appointment time, while other countries contact the petitioner with the appointment time.  The beneficiary will need to bring a government issued identification with them to the collection appointment.

After all samples are collected, they are sent back to the United States to an American Association of Blood Banks (AABB) accredited laboratory.  Test results will generally be available within 3 - 5 business days depending on the test type (paternity, maternity, silbingship etc. )  The U.S. government requires that the final results be received directly from the testing laboratory.  Once received, the USCIS typically requires one to two weeks to process once they have received the results package from the AABB accredited laboratory.  The sponsor will also receive a copy of the DNA Test results by regular mail from the DNA collection facility. 

Since most  Embassies and USCIS offices are backed logged with requests - it is important to get the DNA process in motion as soon as you are notified that a DNA test will be required.  There are countries that can close out a case as quickly as 5 weeks and then there are countries that can take up to 5 months to complete a DNA test on the beneficiaries. 

 

There are a few different steps involved with a DNA Test to expedite a Family Based Visa.  The U.S. sponsor should be familiar with the scheduling process of the U .S. Embassy or US Citizens and Immigration Service (USCIS) office in their country of origin.  Here is a snapshot of the process involved in using DNA tests to prove the biological relationship between sponsor and beneficiary(s).

1.)  U.S. sponsor receives notice from the U.S. Embassy Consular Section or USCIS that the paperwork submitted as proof of the family relationship is not sufficient to allow entry of the beneficiary into the United States under a Family Based Visa.

2.)  The U.S. sponsor is then requested to submit additional evidence of relationship and in most cases - a DNA test - or genetic test is suggested.  Today, non-invasive DNA tests can prove maternity, paternity, grand paternity, siblingship and avuncular relationships.

3.)  The U.S. sponsor contacts an AABB approved DNA collection facility to set up sponsor's DNA collection in the United States and put into motion the collection of the benefiiciary(s) in your country of origin.

4.)  Sponsor's DNA is collected and along with identifying paperwork are submitted to an AABB accredited laboratory.

5.) The AABB accredited laboratory submits a request for DNA collection of your beneficiary along with a DNA kit to the U.S. Embassy or USCIS office in your country of origin.

It is at this point in the process, where the U.S. Sponsor begins to panic.  There is no one in the United States that can control the collection process and time frame in U.S. Embassies and USCIS offices in your country of origin.  Your DNA collector will know when the DNA kit and request for collection is received at the U.S. Embassy or USCIS facility in your country of origin but will not be able to confirm to you when your beneficiary(s) collection will take place.  In very few countries, the  U.S. Embassy or USCIS will send a letter to all participants (sponsor, beneficiary and collector) notifying them of the collection date for the beneficiary. 

6.)  The U.S. Embassy or USCIS in your country of origin contacts the beneficiary(s)  based on the address, phone, and email information you supply to the DNA collector in the United States.  It is extremely important to provide accurate and complete information at the time of the sponsor's collection as missing or wrong information will delay and/or cancel your beneficiary(s) collection in your country of origin.

7.)  Your beneficiary(s) DNA and identifying paperwork will be collected in much the same manner as the sponsor was collected in the United States.  Again, your beneficiary must provide proper identification at the time of their collection.  There is usually a local collection fee (as low as $15 for China but as high as $50 for Haiti) for the beneficiary paid directly to the U.S. Embassy or USCIS office doing the local collection and in the local currency. 

8.)  Your beneficiary's DNA is submitted back to the same AABB accredited laboratory in the United States that received your DNA.

9.)  The AABB accredited laboratory submits the original results directly to the U.S. Embassy or USCIS office in the United States that requested you to do the DNA test.

10.)  The DNA collector receives a copy of  your results and mails them to you at the U.S. address you provide at time of collection.

If you have a lawyer or an immigration counselor working with you, they can be provided with the status of your case, only with your written permission.

Depending on the country of origin, some cases process as quickly as 4 weeks while we have seen other countries (West Africa) take up to 6 months just to set up the appointment for the beneficiary.  The U.S. sponsor must be mindful of dates that the USCIS or U.S. Embassy impose on their paperwork.  In some cases, you may submit evidence that the genetic testing is in progress - but by all means make sure you respond to the agency in a timely manner.  Failure to submit your requested documents in a timely manner can and will result in denial of your petitions.

 

 

Recently, on a sales trip to small towns in New Jersey, I did my usual stop into hospitals, lawyers, laboratories, clinics and private practice medical offices.  Most of the office staff and/or laboratory staff are happy to see me.  My presentation about the DNA Test we offer is short and sweet and if there is already a relationship with the facility, I'm usually carrying candy, cookies or gift cards as a small thank you for their referrals.  Private consumers are confused as to where, how and when they can get a DNA test to confirm paternity, siblingship and other biological relationships.  I welcome the few minutes I can get with the office staff to repeat what we do (DNA Tests); how we do it (privately); when we do it (at the customers convenience - no one has to miss work or school) and where we do DNA Tests (our private offices or someplace local that the customer can travel to).

I then take a ride through the local towns and see if there are any places, where a public sign may be welcomed.  You know the kind you usually see in laundromats, libraries, or at exactly eye level on telephone polls at red lights.  Some small towns clearly indicate "post no bills" and so I move on.  On this one day, as I drove up to what look like an acceptable post - about 10 men between the age of 15 and 50 came running up to my car - right to my door.  My car was empty so I could have fit at least 4 men in the front and back seats - so I think these guys thought they hit pay dirt. 

I nearly hit the curb trying to avoid them but then suddenly realized, they thought I was trying to pick them up for day labor.  Honestly, at least 10 able bodied men, sitting on the roadside in the hot sun got on their feet so quickly because they thought "work" had finally come. I know of some able bodied young men, who think looking for work is sitting on computer job boards all day.  I was impressed that these men were not only putting themselves in harms way (you'll understand later) but were so eager and anxious that they ran to my door. 

Since the men were harmless, I decided I would talk to them about my DNA Testing business and that I was there for work, just like they were.  Usually, if you have a minute, I'll talk to you about the merits of DNA testing.    I posted my sign for DNA Testings outlining all the relationships we can confirm:
Paternity
Maternity
GrandPaternity
Siblingship (Full vs. Half vs. UnRelated)
Avuncular (aunts, uncles)

outlining all of our accreditations:
aabb
NYSDOH
FQS-ISO 17025
CLIA
CAP
ASCLD
etc., etc.,  all the necessary accreditations for a government entity to accept the results of our DNA tests.

and finally outlining all the uses a private consumer may have for a DNA Test:

Acknowledge Paternity for a baby's Birth Certificate
Complete Request for Evidence in Immigration Cases
Confirm Maternity or Paternity for Parental Termination in Adoption Cases
Confirm Paternal Relationships via other living relatives in order for children to receive benefits
Confirm Paternity via PreNatal Paternity Tests so that the new dad can participate in preparation for a new baby.

Most of the men were disappointed that I wasn't picking them up for day labor but they were still polite and seem interested in talking to me. I applaud these men for being out there and looking for work but there was one lingering concern on my mind - none of the men understood a word I was saying - no English and even my broken Spanish wasn't working.  One really young guy, maybe 15 kind of looked like he understood Paternity Tests (he probably watches reruns of Maury Povich)  and I used my broken spanish "Paternidad" - he gave a little laugh but still didn't indicate complete comprehension.  One older man, said gracias as I walked away. 
 
So the first question that comes to my mind is how does an employer explain to these men what he/she needs done and secondly, as impressed as I was with their eagerness to work, isn't there something blatantly illegal about this and where are all the able bodied young American guys looking for work?  How do 10 - 15 men, who are obviously not here legally, get to sit on a pretty well known street corner, looking for work and not one public official does anything about them?

And then again, what are you going to do about them.  They need money to support themselves and their families.  They are here and I don't think going back to their country of origin anytime soon (not w/o a ticket from Uncle Sam) They appear to be hard working and if employers weren't picking them up for day work then these men wouldn't be there waiting.  It's a double sided sword - they need the work - employers need hard workers who they can pay "off the books" cheaply.  And let's face it, the age of the American born teenager going around and cutting grass, shoveling snow and doing odd jobs to pay for his first car are over.