When filing a family-based immigration petition, U.S. Citizenship and Immigration Services (USCIS) may require proof of the family relationship between the petitioner and the beneficiary. In some cases, this includes submitting specific documents, and if the evidence is insufficient or unavailable, DNA testing might be requested. Understanding what USCIS expects can help you navigate this process successfully.
Why Does USCIS Require Proof of Relationship?
The cornerstone of any family-based petition is the legitimacy of the claimed relationship. USCIS carefully examines this relationship to prevent fraud and ensure that only eligible family members receive immigration benefits. This applies to petitions for:
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Spouses.
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Children (minor and adult).
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Parents.
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Siblings.
If USCIS has doubts about the submitted evidence, they may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), asking for additional proof.
What Types of Evidence Are Accepted?
The type of evidence required depends on the nature of the relationship:
Parent-Child Relationship
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Birth Certificates: Must include the names of both parents.
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Adoption Decrees: If the relationship is through adoption, provide legal records showing the adoption was finalized before the child turned 16.
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Medical Records: Prenatal or postnatal records, including hospital discharge summaries and vaccination records.
Spousal Relationship
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Marriage Certificate: Must be legally valid in the place it was issued.
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Joint Documentation: Evidence of shared assets, such as bank accounts, lease agreements, or utility bills.
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Photographs and Correspondence: Pictures of the couple together and communication history (letters, emails, or texts).
Sibling Relationship
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Birth Certificates: Both siblings’ birth certificates showing shared parents.
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Family Photos: Pictures spanning different years, showing the siblings together.
Parent-Child Relationships for Stepchildren
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Marriage Certificate of Biological Parent and Stepparent: Demonstrating the marriage occurred before the stepchild turned 18.
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Proof of Parental Role: Evidence showing the stepparent played an active role in the child’s life.
What Happens If Documents Are Missing or Incomplete?
In many cases, applicants may not have access to the required documents due to circumstances such as war, displacement, or lack of formal record-keeping. When documents are unavailable:
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USCIS allows submission of secondary evidence, such as affidavits from family members, school records, or religious documents.
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If USCIS finds this evidence insufficient, they may recommend DNA testing.
The Role of DNA Testing in Immigration Petitions
When is DNA Testing Requested?
DNA testing is not mandatory for all family-based immigration cases. It is typically suggested when:
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Primary and secondary evidence is unavailable or deemed unreliable.
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USCIS doubts the authenticity of the submitted evidence.
If DNA testing is needed, USCIS will send a request explaining the process.
How Does DNA Testing Work?
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Choose an Approved Laboratory: DNA tests must be conducted by a laboratory accredited by the American Association of Blood Banks (AABB).
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Testing Procedure:
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The petitioner and beneficiary provide DNA samples through a cheek swab.
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Samples are sent securely to the lab for analysis.
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Results Submission: The lab sends the results directly to USCIS.
Accuracy of DNA Testing
DNA testing has a success rate of over 99% for confirming biological relationships. However, it is limited to specific relationships, such as parent-child or sibling relationships.
Cost of DNA Testing
The petitioner is responsible for covering the cost, which typically ranges from $400 to $1,000, depending on the number of people tested.
Steps to Prove a Family Relationship for USCIS
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Submit Form I-130: File the petition for your relative with USCIS.
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Include Supporting Documentation: Attach evidence proving your family relationship, such as birth certificates, marriage certificates, and other legal documents.
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Respond to RFEs Promptly: If USCIS requests additional evidence, provide the requested documents quickly to avoid delays.
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Consider DNA Testing If Necessary: If primary and secondary evidence are insufficient, follow USCIS instructions for DNA testing.
Common Challenges and Solutions
Challenge 1: Missing Birth Certificates
Solution: Provide alternative evidence, such as:
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Baptismal records.
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Hospital birth records.
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Affidavits from witnesses who can verify the relationship.
Challenge 2: USCIS Doubts Relationship Authenticity
Solution: Include additional evidence like family photos, letters, or remittance receipts showing financial support.
Challenge 3: Delays Due to DNA Testing
Solution: Work with an AABB-accredited lab to ensure the process is done correctly and results are submitted directly to USCIS.
FAQs About Proving Family Relationships
1. Will USCIS reject my application if I don’t provide DNA testing?
No, DNA testing is only suggested if documentary evidence is insufficient. Submitting strong primary and secondary evidence can eliminate the need for DNA testing.
2. How long does the DNA testing process take?
Once samples are collected, results are typically available within 4–8 weeks.
3. What if the DNA results do not confirm the relationship?
If DNA results are negative, the petition may be denied. However, you may have the opportunity to provide additional evidence or appeal the decision.
Final Tips for Proving Family Relationships
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Be Thorough: Provide as much evidence as possible with the initial petition to avoid RFEs.
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Stay Organized: Keep copies of all documents submitted and track deadlines for RFEs or DNA requests.
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Consult an Attorney: An experienced immigration attorney can help you navigate challenges and ensure your petition is prepared correctly.
Proving a family relationship for immigration purposes may seem daunting, but with proper preparation and attention to USCIS guidelines, the process can go smoothly.
If you’re ready to start your family petition or need help responding to USCIS requests, schedule a strategy session with us today: Book Your Consultation Here.