User:Cmkelly2/sandbox

= [null]Immigration DNA Testing =

Immigration DNA testing is the only non-documentary process used by US Embassies, the US Citizenship and Immigration Services (USCIS), and other government agencies whereby genetic support for relationship is sought in family-based immigration proceedings (visas, citizenship, passports, CRBA or refugee admissions applications). Its purpose is to confirm a stated biological or familial relationship between the Petitioner (a US citizens or lawful permanent resident) and the Beneficiary (the sponsored immigrant who is an immediate or close relative). The DNA test may be a paternity, maternity or kinship test. There is no statutory law in the Code of Federal Regulations that addresses the Immigration DNA Testing process. A portion of the State Department’s Foreign Affairs Manual (9 FAM 601.11-1(A-E) provides guidance, regulations, policy, and procedures that govern the DNA Testing process to verify relationships.  According to this authoritative document, an immigration officer may only suggest that the petitioner present evidence by DNA testing.  Such a test cannot be mandated and it should be pointed out that a report of such testing is no guarantee that the beneficiary will be cleared for immigration.  The decision to pursue testing is left up to the petitioner and all expenses for such testing are borne by the parties.  The directive in 9FAM601.11-1(A)(b)(1-5) also states that the entire Immigration DNA Testing process must be conducted by an AABB Accredited Laboratory and it warns that under no circumstances may petitioners use third-party vendors to select their lab.  A petitioner should be able to choose independently from the full list of AABB-Accredited laboratories that conduct DNA Testing. The list may be found at the AABB's website.

AABB Standards and Guidance for Relationship Testing Laboratories 12th Edition (section 5.2.3.5) further reinforces that non-conformances and loss of good standing status in the accreditation can be issued to any laboratory that accepts cases from third party vendors. The Standards are written in cooperation with the United States Department of Homeland Security to help minimize immigration fraud by ensuring that all aspects of the tests, from sample collection through the final report, are performed by verifiable methods and under controlled chain of custody procedures.