Jump to content
Johmah P

RFE for DNA for adoptive Father

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

 Share

14 posts in this topic

Recommended Posts

Johmah P Newbie

Johmah P   0

Posted
Timeline
Posted

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?

Link to comment
Share on other sites
SJinCA Apprentice

SJinCA   22

Posted
Filed: IR-1/CR-1 Visa Country: Uzbekistan
 Timeline
Posted
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?

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,467

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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.”

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,467

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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.”

Link to comment
Share on other sites
igoyougoduke Experienced

igoyougoduke   1,656

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
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

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,467

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

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.”

Link to comment
Share on other sites
Family Mentor

Family   3,988

Posted
Timeline
Posted
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.
Link to comment
Share on other sites
Johmah P Newbie

Johmah P   0

Posted
Timeline
  • Author
Posted
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.

 

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...