As a naturalized US citizen, I am currently thinking of applying for green cards for both of my parents who reside abroad. Before going forward with the process, I want to know the following: will USCIS require that we take DNA tests to prove our lineage? Or will presenting the agency with birth certificates suffice to prove our familial relationship? Please let me know before I hire an attorney to move forward with my case.
In general, the birth certificates and other evidence (we can guide you) are sufficient to provide the familial relationship. As my colleagues have properly pointed out, the U.S. Consulate could ask for a DNA test if there is information that might lead them to believe that the familial relationship specified (parent/child) does not exist. If you document the case with more then just the birth certificates then there is a good chance that you may be able to overcome the possibility of the DNA request by the Consulate. Nevertheless, a DNA test is ultimately discretionary to the U.S. Consulate Officer.
DNA tests are not normally required. They can be requested by USCIS if there is reason to believe that the claimed relationship is not legitimate.
Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
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