There are times when foreign nationals in the US lawfully can ask immigration officials to let family members into the US on visas. Good examples are when someone gains US citizenship through naturalization, or gets a "green card" and becomes a lawful permanent resident (LPR), and later wants to bring her parents, siblings or children to the US.
Before her family members can come to the US, though, she has to prove biological relationships with those family members. That's not always easy, though.
Proof Through DNA
Usually, you can establish a blood or biological relationship with a parent, sibling, or child with the right documents. Birth certificates good examples. Sometimes, though, those documents can't be found or they've been destroyed. Or, for some reason, the documents you have are rejected by the US embassy or consulate where your relative lives.
There's still hope. The US State Department has a process for using DNA to establish your relationship. It's a multi-step process and it may take some time to complete, and you (or the family member) have to pay all costs.
Process
You (the US citizen or LPR) start the process. You're called the "petitioner" in the visa process. Your family member in a foreign country is called the "applicant" or "beneficiary."
- You select a laboratory from the list provided by the American Association of Blood Banks (AABB) and make an appointment for the test. You can't use an at-home DNA test
- You give a test sample and pay the fee. The test is a simple swab of your cheek. At the same time, you'll arrange for the lab to have test kit sent to the embassy or consulate where your relative lives
- The embassy or consulate contacts your relative and makes an appointment for the test. Your relative is also given information about paying for the test. Payment must be made before the test
- Your relative goes to the embassy or consulate and gives a DNA sample (cheek swab). He must have his valid passport, a photo of himself, and a receipt showing he's paid for the test
- The embassy or consulate mails the test to the lab you selected
- The lab sends the results back to the embassy or consulate, and it contacts your relative to finish the visa application
The embassy won't give you or your relative a copy of the test results. You need to contact the lab directly and ask for a copy if you want one.
You Have Options If There's a Problem
What can you do if the DNA test comes back negative, or doesn't establish the biological relationship to satisfy the US government? For example, in cases where DNA is used to establish a parent-child relationship, an embassy or consulate must reject tests that don't show a degree of certainty of 99.5 percent or more.
You may have some options. For example:
- Think about taking an other test. Although it's not likely, it's possible the lab made a mistake in the first test
- For a US parent hoping to get a child into the US, you may want to consider adopting the child
- Again for parents, if you are or were married to the child's natural parent and the child is under 18 years old, you may apply for a visa for a stepchild
- Your parents, siblings and children may be able to get a visa through the Diversity Lottery Program. It makes about 50,000 visas available each year for individuals from certain countries
The immigration process can be complicated and a lot of work, but in the end it's well-worth it. You should talk to an attorney as soon as possible if your relative's visa application was denied because of a poor DNA test result, or if you want to explore some other options for your relatives and loved ones.
Questions for Your Attorney
- Can you help my sister through the visa process, or does she need a lawyer in her country? Can you help me find one there?
- Does the DNA lab have to destroy my sample after the test is completed? Will it give the sample to the federal government? Can it do that without my permission?
- My child's mother won't let my child give a DNA sample at the embassy. Is there anything I can do?