USCIS to Require Officers to Suggest DNA Testing in Some Immigration Cases
3D rendering of a DNA double helix set against a blue backdrop, highlighting the complex structure of genetic code. Photo by digitale.de on Unsplash.
U.S. Citizenship and Immigration Services will require its officers to suggest DNA testing as an optional form of evidence in certain immigration cases when applicants cannot adequately prove a claimed genetic relationship, according to a policy alert issued Wednesday.
The guidance applies when primary evidence — such as official civil records — is unavailable, unreliable, or insufficient to establish a claimed genetic relationship, and when a USCIS officer determines that additional evidence is needed. The policy takes effect immediately and applies to cases pending or filed on or after Aug. 5, the date of publication.
The change could affect applicants seeking immigration benefits that require proof of a qualifying family relationship, including certain relative petitions, adoption-related cases, and citizenship or naturalization matters involving children of U.S. citizens.
Under the new policy, officers must suggest DNA testing in a request for additional evidence when the applicant has not met the burden of proving the claimed genetic relationship and additional documentation is necessary. The testing remains optional, and applicants may submit other available evidence to establish the relationship.
USCIS stated that the update is intended to provide consistent guidance across the agency. Previous policy allowed officers to suggest DNA evidence only after both primary and secondary evidence had been found insufficient. The agency noted that this approach resulted in different practices among its directorates, with some officers suggesting DNA testing and others not doing so.
The new policy instructs officers to include DNA testing as an option when required primary evidence does not exist, cannot be obtained, or raises questions about the claimed relationship. Applicants are also informed that they may submit all evidence available to them, including secondary evidence, to support their immigration benefit request.
USCIS generally requires applicants to submit primary evidence to demonstrate eligibility for an immigration benefit. When that evidence does not exist or cannot be obtained, applicants are expected to provide secondary evidence, according to the alert. Secondary evidence may be evaluated along with other documentation to determine whether the applicant has established eligibility.
The policy does not make DNA testing a routine requirement in every family-based immigration case. Rather, it directs officers to suggest the testing in cases where documentary evidence is inadequate and an additional request for evidence is being issued.
DNA testing can be used to help establish a biological relationship between individuals, but a suggested test does not by itself guarantee approval of an immigration benefit. Applicants must still satisfy all other eligibility requirements and provide the evidence requested by USCIS.
The guidance revises several sections of the USCIS Policy Manual. Changes were made to the general evidence provisions in Volume 1; documentation and evidence provisions for refugees and asylees in Volume 4; orphan and Hague adoption cases in Volume 5; and citizenship and naturalization provisions in Volume 12.
The revisions include a new section titled “Optional Submission of DNA Testing” under the discussion of secondary evidence. USCIS also revised provisions involving proof of an orphan’s identity and age, the sibling exception in Hague adoption cases, and the definition of a child of a U.S. citizen father for citizenship and naturalization purposes.
USCIS stated that the policy aligns with section nine of Executive Order 14165, “Securing Our Borders,” which directs the Department of Homeland Security to use “any available technologies and procedures” to determine the validity of claimed familial relationships.
The agency noted that the updated Policy Manual is controlling and supersedes related prior guidance. USCIS may also make minor technical, stylistic, and conforming changes as the revised provisions are incorporated into the manual.