New USCIS Policy on DNA Evidence

New USCIS Policy on DNA Evidence

New USCIS Updates Policy on DNA Evidence in Support of Sibling Relationships

USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full siblings and half siblings. This guidance will enhance the agency’s ability to accurately evaluate eligibility for immigration benefits by allowing petitioners and officers to make effective use of recent technological advances in direct sibling DNA test results.

When USCIS determines that primary evidence is unavailable or unreliable, it may suggest and accept DNA test results as evidence of a full-sibling or half-sibling relationship in any petition or application for an immigration benefit in which a sibling relationship is required to establish eligibility or may otherwise be relevant to an eligibility determination. USCIS will only consider results of DNA testing conducted by an AABB-accredited lab.

USCIS does not currently have regulatory authority to require DNA testing. This new policy may only suggest DNA testing as an option for proof of relationship.

USCIS policy on parentage testing remains unchanged.

Please feel free to contact our immigration law firm regarding new DNA policy and any other immigration issues.

About The Author

Chad Brandt

Chad M. Brandt, the People’s Immigration Lawyer, is the owner and founder of Brandt Immigration. Attorney Brandt has extensive litigation experience, allowing him to successfully represent clients in Immigration and Federal Courts. Mr. Brandt devotes a substantial portion of his immigration practice to deportation defense, both in Immigration Court and before deportation officers at Immigration Customs and Enforcement’s (ICE) Detention and Removal Offices throughout the U.S. Mr. Brandt also regularly represents individuals, families, and businesses in an expansive array of interviews and appearances before immigration officials.

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