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Biological Relationship Testing: Opportunities and Challenges October 30,2008
Can USCIS require a DNA test - A caller asked for clarification as to whether DNA testing is voluntary. Specifically, why do Requests for Evidence request "blood testing" when most labs perform DNA testing?
USCIS response: When primary or secondary evidence of an eligibility requirement for a particular benefit, such as a certain family relationship, is inconclusive or unavailable, USCIS may only suggest that DNA testing results be submitted under existing legal authority. By regulation, however, USCIS is permitted to require blood testing. Refusal to submit a blood test when requested may constitute a basis for denial of the petition. USCIS always has the authority to determine, in each case, whether the totality of the evidence submitted to demonstrate a family relationship is sufficient to meet the applicant's or petitioner's burdern to demonstrate that relationship. An application or petition may be denied if that burden is net met. Voluntary submission of DNA evidence may be the best way for soem individuals to meet their burden to show the claimed biological relationship.
Source: www.uscis.gov
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Rapier (Rapier)
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8 ก.พ. 54 01:09:34
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