Can I get DNA test done before filing I-130 (don't wait for RFE)

[jamburger 5]

My previous I-130 applications for both my parents got denied due to lack of evidence for biological relationship. I couldn't get DNA test completed due to US embassy closures due to Covid. I want to apply again. Is there a way to proactively get DNA tested and get a document as evidence and submit that along with the application instead of waiting for RFE? I am worried they might deny outright without RFE and opportunity to submit DNA test this time.

 

More background: I filed I-130 (with Consular processing) for both my parents online today, May 4th, 2020. I couldn't establish biological relationship with the documents I had, so I received an RFE (sometime in 2020). I opted for DNA test and started the process. However, due to COVID the US embassy in my parents home country (Canada) did not process DNA test services. Eventually USCIS denied my application due to lack of evidence for biological relationship (despite submitting evidence that DNA test has been initiated). DNA test is still on hold, but now that the US-Canada border is open, all three of us can get DNA tested in the US.

[milimelo 4,513]

I’d go with one of the labs USCIS/DOS use and do it all in one country. 

[jamburger 5]

2 minutes ago, milimelo said:

I’d go with one of the labs USCIS/DOS use and do it all in one country. 

Yes, that's what we plan to do. Do you know we can get the test done before the RFE and submit the document as evidence when we file the application?

[SteveInBostonI130 3,471]

I am not quite sure what you are asking.

 

If you are asking if you can attach the DNA results as proof that your parents are your parents to your I-130 submittals, then yes, you can.  

 

I assume your parents are not listed on your birth certificate?

 

Typically I have seen where the father was not listed on the BC and a DNA test was needed, but I haven't seen cases where the mother was also not listed.   

[Illiria 980]

1 hour ago, SteveInBostonI130 said:

Typically I have seen where the father was not listed on the BC and a DNA test was needed, but I haven't seen cases where the mother was also not listed.   

Yeah this concerns me too, but it might be just a case of late registration of the birth certificate.

 

@jamburger Can you confirm if they were asking for dna proof from your mother as well?
 

Was you birth certificate registered late?

 

Or, hopefully not, were you legally adopted and now you are trying to have your biological parents petitioned?

 

Those who have been adopted, or listed the wrong parents on their birth certificates and immigrated due to that wrong information, cannot petition their biological parents. 

[jan22 3,056]

7 hours ago, jamburger said:

Yes, that's what we plan to do. Do you know we can get the test done before the RFE and submit the document as evidence when we file the application?

No, sorry, you cannot.  The overseas sample needs to collected under observation of a US government official at the Embassy/Consulate as a fraud prevention method.

[SalishSea 17,980]

14 hours ago, jamburger said:

My previous I-130 applications for both my parents got denied due to lack of evidence for biological relationship. I couldn't get DNA test completed due to US embassy closures due to Covid. I want to apply again. Is there a way to proactively get DNA tested and get a document as evidence and submit that along with the application instead of waiting for RFE? I am worried they might deny outright without RFE and opportunity to submit DNA test this time.

 

More background: I filed I-130 (with Consular processing) for both my parents online today, May 4th, 2020. I couldn't establish biological relationship with the documents I had, so I received an RFE (sometime in 2020). I opted for DNA test and started the process. However, due to COVID the US embassy in my parents home country (Canada) did not process DNA test services. Eventually USCIS denied my application due to lack of evidence for biological relationship (despite submitting evidence that DNA test has been initiated). DNA test is still on hold, but now that the US-Canada border is open, all three of us can get DNA tested in the US.

You needed a DNA test to establish relationship for Canada?   Have not seen that before.

[jamburger 5]

On 3/13/2022 at 10:32 AM, Illiria said:

Yeah this concerns me too, but it might be just a case of late registration of the birth certificate.

 

@jamburger Can you confirm if they were asking for dna proof from your mother as well?
 

Was you birth certificate registered late?

 

Or, hopefully not, were you legally adopted and now you are trying to have your biological parents petitioned?

 

Those who have been adopted, or listed the wrong parents on their birth certificates and immigrated due to that wrong information, cannot petition their biological parents. 

I do not have a birth certificate at all (I was born in India and parents migrated to Canada later). So getting DNA test for both parents.

[jamburger 5]

On 3/13/2022 at 4:26 PM, jan22 said:

No, sorry, you cannot.  The overseas sample needs to collected under observation of a US government official at the Embassy/Consulate as a fraud prevention method.

Yes, that's true. However, I plan to get the DNA sample collected for both parents at an approved lab within US. My question is whether I can do that before I file for I-130 and submit the evidence along with I-130, instead of waiting for the RFE after filing I-130.

[jan22 3,056]

2 hours ago, jamburger said:

Yes, that's true. However, I plan to get the DNA sample collected for both parents at an approved lab within US. My question is whether I can do that before I file for I-130 and submit the evidence along with I-130, instead of waiting for the RFE after filing I-130.

If you have not already filed the i-130, you cannot get samples taken, get the results personally, and send them with the I-130. The DNA results must always be part of USCIS's chain of custody.  Therefore, you have to ask the lab to send the results directly to USCIS using your case receipt number.  You cannot submit them directly to USCIS.  Hopefully, they will get paired up correctly with your case file if you try this.

Edited March 21, 2022 by jan22