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Johmah P

RFE for DNA for adoptive Father

By Johmah P in Bringing Family Members of US Citizens to America

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Johmah P Newbie

Johmah P   0

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I filed an I-130 for my adoptive child, who is undocumented. The adoption was finalized in the USA.  I received an RFE from USCIS requesting DNA to establish a biological relationship. I am a little confused because our relationship was established through adoption and not through a biological relationship.I clearly established that on the form 1-130 form.

 

Does anyone know why DNA might be requested, or might it be an oversight?

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SJinCA Apprentice

SJinCA   22

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12 hours ago, Johmah P said:

I filed an I-130 for my adoptive child, who is undocumented. The adoption was finalized in the USA.  I received an RFE from USCIS requesting DNA to establish a biological relationship. I am a little confused because our relationship was established through adoption and not through a biological relationship.I clearly established that on the form 1-130 form.

 

Does anyone know why DNA might be requested, or might it be an oversight?

 

How old is the child, and how long have they been in your legal/physical custody?

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Boiler Grand Master

Boiler   45,361

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I can think of loads of questions but the short version is that I doubt this is DIY

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,361

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A very complicated case.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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igoyougoduke Experienced

igoyougoduke   1,650

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16 hours ago, Johmah P said:

I filed an I-130 for my adoptive child, who is undocumented. The adoption was finalized in the USA.  I received an RFE from USCIS requesting DNA to establish a biological relationship. I am a little confused because our relationship was established through adoption and not through a biological relationship.I clearly established that on the form 1-130 form.

 

Does anyone know why DNA might be requested, or might it be an oversight?

is the child orphan or has parents ? 

duh

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Boiler Grand Master

Boiler   45,361

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Relative?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Family Mentor

Family   3,988

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18 hours ago, Johmah P said:

I filed an I-130 for my adoptive child, who is undocumented. The adoption was finalized in the USA.  I received an RFE from USCIS requesting DNA to establish a biological relationship. I am a little confused because our relationship was established through adoption and not through a biological relationship.I clearly established that on the form 1-130 form.

 

Does anyone know why DNA might be requested, or might it be an oversight?

Respond to the RFE , state claim that RFE issued in error as basis for petition is a qualifying adoption .

 

 

1. spell out the adoption relationship provide the adoption court records , 2 years of physical and legal custody proof at time of I-130 filing .

2. Document the family blood relationship ( child of your sibling ) birth cert and death cert for your sibling 

3. Absolutely address the issue of child habitual residency ..

4. Ask USCIS to review the response to RFE and issue any clarification on further evidence if required, reaffirm the DNA testing will not establish a parental relationship and was issued in Service Error 

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process#Children from Hague Adoption Convention Countries

‘

  • The child is not or was not habitually resident in a Hague Adoption Convention country.
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Johmah P Newbie

Johmah P   0

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2 hours ago, Family said:

Respond to the RFE , state claim that RFE issued in error as basis for petition is a qualifying adoption .

 

2 hours ago, Family said:

Respond to the RFE , state claim that RFE issued in error as basis for petition is a qualifying adoption .

 

 

1. spell out the adoption relationship provide the adoption court records , 2 years of physical and legal custody proof at time of I-130 filing .

2. Document the family blood relationship ( child of your sibling ) birth cert and death cert for your sibling 

3. Absolutely address the issue of child habitual residency ..

4. Ask USCIS to review the response to RFE and issue any clarification on further evidence if required, reaffirm the DNA testing will not establish a parental relationship and was issued in Service Error 

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process#Children from Hague Adoption Convention Countries

‘

  • The child is not or was not habitually resident in a Hague Adoption Convention country.

1. spell out the adoption relationship provide the adoption court records , 2 years of physical and legal custody proof at time of I-130 filing .

2. Document the family blood relationship ( child of your sibling ) birth cert and death cert for your sibling 

3. Absolutely address the issue of child habitual residency ..

4. Ask USCIS to review the response to RFE and issue any clarification on further evidence if required, reaffirm the DNA testing will not establish a parental relationship and was issued in Service Error 

 

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process#Children from Hague Adoption Convention Countries

Thanks for share! I thought about the RFE may have been issue in error but couldn't considering all the form  I-130, birth certificate, adoption and custody were provided, I couldn't imagine it was an error. I have planned to do the DNA and issue additional letter. Thanks for your input!

 

2 hours ago, Family said:

‘

 

2 hours ago, Family said:
  • The child is not or was not habitually resident in a Hague Adoption Convention country.

 

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