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Latest Postings
- 25. January 2011: This Blog Has Moved!
- 10. January 2011: Filing Mistakes: Filing the K-1 petition at the Wrong Location
- 4. January 2011: State Dept. issues Redesigned Report of Birth Abroad
- 1. January 2011: USCIS Online Tracking System Lacking
- 1. January 2011: Getting Original Documents Returned
- 29. November 2010: Applying to Remove Conditional Status
- 29. November 2010: Obtaining a Fee Waiver for Certain Immigration Benefits
- 29. November 2010: I-129f Filing Fees Changed Nov 23, 2010
- 8. November 2010: Immigration Options for Victims of Domestic Abuse
- 8. November 2010: The Legal Rights of Victims of Domestic Violence
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Proving a K-1/K-2 Relationship via DNA Testing
In circumstances where a consular officer is not convinced that the K-1 and K-2 have the requisite parent/child relationship, the consular officer may request a DNA test. Here are the steps involved for the K-1 applicant:
- Petitioner/putative parent selects accredited lab.
- The selected lab sends the beneficiary DNA testing kit(s) directly to the consular section.
- The Accountable Consular Officer (ACO) checks in all test kits on the DNA accountability log receipt in the consular section. This consists of ensuring that the kit has not been opened or damaged and if the kit includes a seal, confirming the kit seal is intact, adding the kit to the accountability log stored in the ACO safe, and storing it in the ACO safe or a bar lock cabinet. The safe where the DNA kits are stored must be accessible only to the ACO or designated backup.
- Once the ACO records receipt of the collection kit, the consular section must contact the applicant to schedule an appointment date for DNA collection and tell the applicant that he/she must bring his/her passport and a photograph.
- On the DNA collection appointment date, a lab technician from the panel physician’s office must come to the consular section to collect the DNA sample(s).
- Immediately prior to the testing, the ACO checks the test kit out of the safe and gives it to the cleared American witness who will witness the collection, recording the cleared American witness’s name in the
accountability log. The witness verifies that the kit is unopened, and if applicable, the seal is intact. The cleared American witness is responsible for the custody of the testing materials until he or she applies the security seal to the mailing package. - The cleared American witness should review the instructions sent by the AABB lab prior to the DNA collection, so as to be familiar enough with the sample collection technique to recognize if it is not being executed properly by the lab technician.
- At the time of testing, the cleared American witness must have the medical technician and applicant/beneficiary come to the interview window or designated location within the consular section, one applicant at a time.
- The cleared American witness must personally verify the identity of the
donor through:
(1) Presentation of passport; and
(2) Verifying that the applicant signs on the back of his or her photograph for attachment to the chain of custody document(s). - Once the identity of the applicant has been confirmed, the cleared
American witness must do the following:
(1) Collect the signed applicant photograph and supporting documents
from the applicant;
(2) Provide the sealed DNA kit to the lab technician or panel physician;
(3) Witness the collection of the buccal swab from the donor/applicant;
(4) Legibly record required information on chain-of-custody documents.
This function may not be performed by LES or an outside party;
(5) Witness the lab technician placing the completed DNA sample into the protective sleeve or pouch provided by the lab, accept the specimen from the lab technician or panel physician, and personally
seal and sign the sample in accordance with the kit instructions;
(6) Seal the specimen in the pre-paid shipping envelope provided by the lab. The sample must be in the direct possession of the same cleared American who witnessed the sample collection until the
return mailing envelope is sealed in accordance with the instructions from the lab or shipping company.
(7) Record in the applicant’s case notes:
(a) His/her name as witness to the collection;
(b) Date and time of sample collection;
(c) The name of the lab technician (from ID badge or card);
(d) The name of the lab or panel physician where the technician
is employed; and
(e) A clear description of the relationship(s) being tested (e.g.,
probability that the tested mother or father is the
mother/father of the child tested).
(8) Scan all chain-of-custody documents into the CCD and associate them with the applicant’s case. Be sure that the information provided to the AABB lab clearly defines the relationship(s) to be
tested. The request should be specific, not “are the parties related?”, but rather “is the petitioner the mother/father of the tested applicant?”
If you would like assistance with your K-1 and K-2 petition and interview, speak to an immigration attorney by calling 626-771-1078 24 hours a day, 7 days a week. You can also visit us at www.myfianceevisa.com
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