DNA Testing Guidelines for Immigration Cases
The United States Citizenship and Immigration Services (USCIS) has specific regulations for using DNA testing in immigration cases. Specifically, the government requires that:
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All DNA testing must be performed by an
AABB-accredited laboratory
.
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All DNA testing must be absolutely voluntary.
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The costs of the DNA testing and related expense must be borne exclusively by the immigrant or refugee.
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The statistical probability of a biological relationship must be greater than 99.5%.
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Communication about the DNA test and results must be done directly between the lab and the civil surgeon, panel physician, or field office.
Please note that DNA testing does not guarantee that a petition will be approved.
For example, if an immigrant were to undergo DNA testing to prove that he was the parent of a child he wanted to bring into the United States, he would:
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Use an AABB-accredited laboratory for the testing services.
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Undergo
chain of custody
procedures for collecting the blood or tissue samples.
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Participate in an identification process, possibly through the photographing of all family members involved in the case.
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Require that the results show a 99.5% or higher probability that he is the parent of the child before presenting
the information to USCIS.
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Allow the laboratory to share the DNA test information and results directly with the government agent, such as the civil
surgeon, panel physician, or field officer.
Additionally, if the immigrant is from a society where interfamily marriage is common, the immigration office or embassy may suggest
other familial testing to prove that the immigrant is the parent of the child and not an uncle, aunt, or other extended family member.
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