Sometimes, a biological relationship between the visa applicant and a U.S. Citizen has to be proven through DNA relationship testing.

On an immigrant visa application, a biological relationship is expected to be stated. When no other form of reliable evidence can be provided in conjunction with the immigrant visa that is submitted, genetic testing offers a credible way of verifying the stated biological relationship between the visa applicant and the current United States citizen.

Among the relationships that can be tested utilizing DNA testing are paternity testing, full- or half-siblingship testing, and even maternity testing. If the relationship between the immigrant visa applicant and the current U.S. citizen is more distant than any of those listed above, genetic testing cannot be used as a viable means of verification. Therefore, in order to ensure that the tests are used appropriately, it is vital to work with a New York immigration lawyer from our firm.

How the DNA Process Works for Visa Applicants

To date, DNA technology is the only form of non-documentary verification that is officially accepted as proof of a biological relationship between a visa applicant and a current U.S. citizen. This type of testing, however, is not without its drawbacks. For example, it is notorious for its expense and the logistical delays that are often felt from this complex method of genetic testing. Accordingly, it is only meant to be used as an alternative when another form of reliable documentation of a genetic relationship cannot be provided.

Only when genetic testing appears to be warranted will a Consular Officer suggest DNA testing for a visa applicant who needs to establish the validity of a relationship. Whether or not the testing is warranted is decided upon based on the facts described above, i.e. no other method of documentation such as a birth certificate can be provided. If the Consular Officer does advise that DNA testing should be utilized to establish the biological relationship that has been claimed, the following procedures will ensue.

  • The visa petitioner must select an accredited laboratory facility for collection of a DNA sample.
  • The visa petitioner must submit to a DNA sample collection via buccal swab. Visa petitioners cannot obtain the test kits themselves, or on behalf of a beneficiary.
  • The visa petitioner or applicant must pay for his or her sampling fees prior the appointment.
  • The visa applicant must report to the Embassy for their Collection appointment.
  • Once the DNA collection and analysis process has been completed, the AABB laboratory in the United States will then send results of the test to the U.S. Embassy or Consulate. At the time that the results are received by the Embassy / Consulate, the corresponding applicant will be contacted regarding the results. It is only then that the official visa application can be brought to a conclusion. We advise our clients to remember, however, that submitting to DNA testing will not guarantee the applicant issuance of a visa. Therefore, we encourage prospective visa applicants to work with our firm as they complete the process.

    Contact an Immigration Lawyer in New York

    As you pursue the visa application process, there should be no question as to your need for securing a legal professional to work on your side throughout the process. With an immigration attorney from Pozo Goldstein, LLP on your side, you can feel confident in the steps being taken to ensure that your visa application is processed, submitted, and accepted as planned.

    Together, our legal team has spent more than half a century working on all types of immigration cases, including those involving visa applications and t the responsibilities expected of a petitioner during the process. As such, we feel fully prepared to help you navigate your way through the process. Contact a New York City visa attorney from our firm to learn more.