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USCIS Updates Policy of DNA Evidence

USCIS Updates Policy of DNA Evidence 


The purpose of this policy was to change the USCIS’s policy on evaluating DNA evidence between siblings. When the USCIS files petitions for siblings of US citizens, they have to evaluate DNA evidence. A sibling relationship is determined by if the beneficiary and the petitioner share at least one parent. Evidence is needed to determine if the relationship is conclusive. Primary evidence includes proof such as birth and marriage certificates while secondary evidence includes medical records, school records, religious documents, etc. Affidavits from people can also be used. The USCIS can also conduct a Blood Group Antigen Test or a Human Leucocyte Antigen Test to further conduct tests to prove sibling relationship. However, these methods are rarely used nowadays and instead, DNA testing has become more favorable. In March 2016, the Board of Immigration Appeals (BIA)’s decision in the Matter of Ruzku held that sibling-sibling relationships should have a 99.5% when testing for DNA. Currently, USCIS has set the value for full and half-sibling for 90%. They may find the full sibling relationship inconclusive if it falls below 90% unless it is greater or equal to 9% probability. If the probability is less than 9%, then the relationship does not exist. If the value for half-sibling relationships is below 90% then it is also inconclusive however, if the probability is less than 9%, it does not necessarily mean that it is completely invalid. Reference: http://www.aila.org/infonet/uscis-updates-guidance-on-dna-evidence-of-sibling

14 Comments to USCIS Updates Policy of DNA Evidence :

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