DNA and immigration atty.

[anthonynortex 0]

I paid 750 plus another 100 for st lukes from the list they give that u have to use. St lukes charges 21000 php. Sorry i wasnt specific before

[anthonynortex 0]

I paid 750 plus another 100 for st lukes from the list they give that u have to use. St lukes charges 21000 php. Sorry i wasnt specific before

[Greenbaum 12,259]

Kathy and Jesse, on 07 May 2014 - 9:10 PM, said:Kathy and Jesse, on 07 May 2014 - 9:10 PM, said:

I do not know where is my daughter's dad. We dont have communication.the DNA is between me and my daughter. Apparently USCIS wants more evidence. They are not satisfied on the court documents we submitted and still thinks that we are trying to petition my daughter fraudulently because the BC was changed after 6 years or couple months before we filed her petition.

Can I suggest that you take a minute and think what it feels like to walk in the USCIS/USEM shoes. They see cases, upon cases similar to yours that are fraudulent. So they review yours and you have the same documents and "story" as the others. But yours (according to you, and I am not doubting you but follow me on this) maybe is legit.

Keep in mind that many before you have tired and failed because theirs was fraudulent. I'll give you a personal experience. I was with my wife during her interview at USEM. I could hear the CO questioning a applicant for a visa at another window. The CO was asking where the proof was that the boy was biologically hers [younger sister] and not her older sister who was petitioning them together. The CO saw right through what they were trying to pass over the CO. The older sister petitioned the younger sister and her own bio son [bio son of the older sister], but the younger sister had to convince the CO that the "son" was hers. The CO saw straight through the scam and disapproved the visa. In fact the sister and the "son" will not be eligible for a visa for years if not at all, because they lied about the relationship.

Any document can be "bought" for any amount of money in the Philippines. That's the elephant in the room. And the CO knows this hence the dismissal of your claim.

IMHO, I would contact the Embassy and appeal the petition. Ask what is needed and provide the document or test (which I think will be the DNA test). The DNA test will show a closer match to you then to your mother hence this should be enough to satisfy the CO.

Your test MUST be completed with an authorized DNA testing center or USEM will not except your DNA results putting you back to square one. So ask USEM for a list of qualified DNA testing centers. (I gave you one that was located in the USA but it's your choice)

Starting a new I-130 only puts you into the financial roller coaster that you want to avoid if I understand your original post. Why pay extra when the USEM states that you can appeal their original findings at NO CHARGE. Am I missing something here!!!! You want to do this cheap but you are starting from the beginning and enduring the extra expense.

Edited May 8, 2014 by Greenbaum

[Greenbaum 12,259]

anthonynortex, on 07 May 2014 - 9:38 PM, said:

I paid 750 plus another 100 for st lukes from the list they give that u have to use. St lukes charges 21000 php. Sorry i wasnt specific before

I'm confused. You paid 750php for what?

100php for what?

And 21000 to SELC for what?

Please spell it out so we can understand. Thank you.

[Hank_ 9,174]

DNA Testing

How can I proceed with DNA testing?

Relationship fraud for immigrant visa purposes is a major problem in the Philippines, and the burden of proof is upon the petitioner and/or parent to establish the claimed relationship. We sometimes are compelled to ask applicants to take additional steps to establish relationships. In the absence of any conclusive evidence, Deoxyribonucleic Acid (DNA) testing is the most accurate and widely available technology to establish a biological relationship. DNA testing is entirely voluntary.

The U.S. Department of State requires locally administered DNA tests to be processed by a laboratory that is accredited by the American Association of Blood Banks (AABB). The preferred specimen collection technique for DNA testing is by buccal (cheek or mouth cavity) swab. Names of AABB accredited labs can be found athttp://www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx . The AABB is located at 8101 Glenbrook Road, Bethesda, MD 20814-2749. The AABB can be reached by telephone at (301) 907-6977 or by fax at (301) 907-6895. The AABB's email address is aabb@aabb.org.

The petitioner must select an AABB-accredited laboratory and make the necessary arrangements for conducting the DNA test, including payment for all tested parties. Petitioners should not use third-party vendors to select their laboratory, to arrange appointments or to transport the specimens outside of the laboratory chain-of-custody controls. The DNA samples for the petitioner must be collected at a designated AABB testing site, laboratory or clinic. The AABB laboratory selected by the petitioner will send a test kit, including a pre-paid, pre-addressed return envelope and explicit sampling instructions, directly to the Embassy’s Consular Section:

U.S. Embassy

Consular Section - FPU

1201 Roxas Blvd., Ermita

1000 Manila, Philippines

Attn: DNA-IV

When the kit arrives, the Embassy’s Consular Section notifies St. Luke’s Medical Extension Clinic of the kit’s arrival. St. Luke’s then contacts the applicant to offer an appointment. The cost for the collection of the DNA samples is P1,500, which must be paid at St. Luke’s. The applicant must bring his or her passport and a photograph to his or her DNA sample collection appointment.

The applicant’s DNA sample collection will be administered at the Embassy’s Consular Section by St. Luke’s medical personnel. Once the DNA collection is completed, the DNA sample will be shipped by the Embassy to the AABB-accredited laboratory selected by the petitioner in the United States. The AABB-accredited laboratory will send the test results directly to the Embassy’s Consular Section.

As DNA testing reliability has advanced to the industry-accepted standard of 99.5 percent, consular officers may only accept test results reporting a 99.5 percent or greater degree of certainty with respect to paternity/maternity as sufficient to support a biological relationship between a parent and child in visa cases.

If an applicant wishes to present additional evidence to support the claimed relationship, we will include this in our review of the case.

[anthonynortex 0]

I'm confused. You paid 750php for what?

100php for what?

And 21000 to SELC for what?

Please spell it out so we can understand. Thank you.

I had to use a DNA Lab from a list provided by the embassy, you can't just go get one even by a certified lab. My wife daughter and myself were tested. I was tested Stateside they were done at St Lukes. The only lab within 500 miles of my house charged me $750 to conduct the test and ship them to and from the Phils. St Lukes charged $100 to conduct the test for them and courier back to the embassy. The 21000php is the St Lukes fee to do what I paid the $750 for. again I did mention that the embassy requested this so she should check with USCIS to see if the procedure is different. We did this in Feb this year.

Edited May 8, 2014 by anthonynortex

[belinda63 3,038]

Guys I am telling you DNA won't work in this case. That's why it wasn't requested. All DNA will show is that she is related to the child, not the relationship as far as being her child or being her sister. It takes very specific DNA test to determine sibling vs child relationships. It won't hurt anything but the pocketbook to do it but it may or may not be accepted.

http://www.dna-worldwide.com/resource-centre/your-results/relationship-results/

http://genetics.thetech.org/ask-a-geneticist/brother-sister-mother-son

Will try to find a site to explain it better but it would require testing of a lot of people and very specific testing (read very expensive) for DNA to prove the child is her biological child and not her sister or half-sister (assume grandma might of had an affair).

Edited May 8, 2014 by belinda63

[Dukester 2]

I'm with Belinda on this one. I don't think DNA will work in this case too. And I don't think you can have tests done unless recommended by USCIS or US Embassy. You just can't go at St. Luke's or any lab here because it was not requested by USCIS. Other than the court documents and annotated BC don't you have other proof? Say like pre- natal check up/ records from your OB- GYN. Goodluck!

Edited May 8, 2014 by Dukester

[Greenbaum 12,259]

belinda63, on 08 May 2014 - 08:08 AM, said:belinda63, on 08 May 2014 - 08:08 AM, said:belinda63, on 08 May 2014 - 08:08 AM, said:

Guys I am telling you DNA won't work in this case. That's why it wasn't requested. All DNA will show is that she is related to the child, not the relationship as far as being her child or being her sister. It takes very specific DNA test to determine sibling vs child relationships. It won't hurt anything but the pocketbook to do it but it may or may not be accepted.

http://www.dna-worldwide.com/resource-centre/your-results/relationship-results/

http://genetics.thetech.org/ask-a-geneticist/brother-sister-mother-son

Will try to find a site to explain it better but it would require testing of a lot of people and very specific testing (read very expensive) for DNA to prove the child is her biological child and not her sister or half-sister (assume grandma might of had an affair).

That's why we are recommending that she contact the Embassy to determine what is an acceptable test to prove that the daughter is her bio-daughter. Nothing more and nothing less.

Hank has done some research which is a good starting. The common thread here is that they first should contact the Embassy and determine if a DNA testing is viable to appeal their case. If it is, is there a certain test that must be completed. What are the instructions and steps they must follow. To do this on their own with a second I-130 can cause them extra time and expense if they fail to provide the correct testing and do it on their controls. Again, anything can be documented if you have the right amount of money in the Phil so contact the Embassy and follow their instructions to the letter. That is the majority of the groups recommendation. If you see it different please explain.

And your two websites give excellent information. Thanks you for sharing.

Edited May 8, 2014 by Greenbaum

[Messybrownhair 251]

I am not sure if a DNA test would help prove maternity..A mother and daughter may share one allele, but siblings may share exactly one or more alleles as well.. Maybe if your mom, you and your daughter all took the DNA test it would help.. Also, what about medical records of the birth, pre-natal care etc? I'm not sure how there can be no proof of birth, and how someone can put the wrong mother in a form.. Sorry I'm not much help, but I wish you all the best and lots of luck!

[belinda63 3,038]

Problem is:

Mom carries 100% DNA from parents (50% from her mom and 50% dad from her dad)

Sister can have anywhere from 0% to 100% same DNA as sister

Daughter has exactly 50% DNA from mom.

Only way to tell if it is daughter and not sister is if only 50% of the DNA matched mom, not more, not less. Even then I don't know of a lab that would 99.9% certify it as daughter not sister.

Why not test it for the unknown (fathers) DNA you ask? What about grandma and the milkman scenario?

[PhiLandShiR 18]

• All men have one X chromosome which they pass to all their daughters. By testing the X chromosome in two sisters we can see if they have the same father.
• This DNA test is 99.9% accurate

If the child in question has the same father as the mother in question they are sisters. But if the X chromosome is different they have different fathers.

Does not prove or disprove they are not sisters as dear ol' mom could have been messing around but its a place to start...

http://www.dnanow.com/sibling-dna-test.htm

Edited May 12, 2014 by PhiLandShiR

[Greenbaum 12,259]

The OP is no longer participating in the discussion. I hope they are doing their research as they will find that the consensus is to contact USEM and determine what the necessary steps are. It would be a waste of time and money if they choose the wrong avenue to travel down.

@PhiLandShiR I agree with you. I have read over and over and have talked to others in the same "boat" as the OP and they were able to prove the correct linage of their baby/child by DNA.

I wish them good luck and God's speed.

[Kathy and Jesse 16]

Hi guys sorry for the late response. I was so busy with my work and consulting an atty. We had consultation with 3 different immigration atty. All of them suggested to re-file the petition and include a DNA. I can go get my pre-natal check up from my OB GYN in philippine but would that be a strong evidence? Its just a paper. I gave birth at home not in the hospital. The midwide who assited me insisted to put my parents name in my daugther's birth certificate. I was turning to 17 when I gave birth to my daughter cannot make firm decision myself. Who would have known I will be coming here in US. I wish I knew. All I want is to get my daughter and give her the best I can.