DNA Immigration Testing

DNA Testing for Immigration

When it comes to proving familial relationship in immigration cases, it may come down to a little swab of DNA.

Increasingly, DNA testing is becoming more and more commonly used by people seeking to immigrate to the U.S. That’s because U.S. citizens can petition that spouses, parents, children and siblings be allowed to immigrate to the U.S. Green card holders are also allowed to do the same for spouses and unmarried children.

Normally the applicants use birth certificates, marriage documents, and medical and school records to provide that proof of relationship. However, if these documents are missing, or fraud is suspected, the Citizenship and Immigration Services may require a DNA test.

Information contained on the U.S. Department of State website states: “To establish that a child born abroad acquired derivative U.S. citizenship, the Immigration and Nationality Act (INA) requires that a blood and a legal relationship exist between the child and the U.S. citizen parent. Volume 22 of the Code of Federal Regulations, Section 51.40 provides that the burden of proof is upon the applicant to establish a claim to U.S. citizenship. When primary and secondary documentary evidence are deemed insufficient to establish such a claim, parentage blood testing is an option available to applicants.” (http://travel.state.gov/visa/immigrants/info/info_1337.html)

Will the DNA Test Hurt?

The samples are taken by swabbing the inside of your cheek with a cotton swab, so, no; the tests won’t hurt at all.

Can I pick any lab to perform the DNA test?

No. Again, we refer to the State Department website, wherein it states that: “The laboratory must be one on the Department of State’s list of AABB accredited laboratories, the U.S. Department of Health and Human Services Directory: Genetic Testing Laboratories or otherwise present copies of its credentials to the Department for consideration. Lists of laboratories are available from the Department of State, Overseas Citizens Services or from U.S. embassies and consulates upon request.” How does someone living in another country get tested? (http://travel.state.gov/visa/immigrants/info/info_1337.html)

The DNA company will usually send a DNA collection kit to a collection office in the country in which the applicant resides. You will want to choose a DNA testing company with extensive knowledge of the specific requirements for different countries, as well as access to different collection centers in the country in which your relative lives.

For information on how to choose an immigration lawyer, please see our page on immigration law attorney.

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