This article answers frequently asked questions about when DNA testing can be relevant to an immigration benefit application. It addresses the DNA testing process, U.S. Citizenship and Immigration Services and Department of State policy guidance, when it can be submitted preemptively, and current challenges in obtaining and relying upon DNA evidence.
Resources on Parent-child Petitions
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In a 2015 precedent decision, the BIA held that an adoption is valid for immigration purposes – even if the child turned 16 at the time of the final order – if the adoption petition was filed before the beneficiary's 16th birthday and the state court has allowed the order to be backdated. Matter of R. Huang, 26 I&N Dec. 627 (BIA 2015).
But what if the adoption petition was filed after the child's 16th birthday? Can a retroactive decree still prevail?
