Immigration Law Question: I-130 URGENT - Interesting Case question - Weight in

[Jean Riccardo Rodney]

My grandmother (US Cit) filed for her married daughter (husband too) and kids in Haiti. Total of person is 10; 8 kids, spouse and Beneficiary.

Here is the issue.

They went to the interview for the visas. They asked for a DNA test between the mother and the daughter, to establish or confirm family ties. Also they asked for baptism certificate for everyone.
All documents and the DNA test were submitted to the embassy. Everything was good.

I receive this email after inquiring about the status of the case:

Thank you for your inquiry.

Please be informed that you have been found eligible for the immigrant visa and you are welcome to visit our office on any working days, Monday through Thursday, at 9 a.m. with the passports, a copy of the passports’ first page and $USD 10.00 each applicant for the courier service.

Regards,

Correspondence Unit/VD
Consular Section
U.S. Embassy, Port-au-Prince


They submitted their passport as required with the appropriate fees. They were told to come back a week later to get the passport, they would be ready. They did go to pick them up, but they were not ready, they were told come tomorrow, same thung happen, they were still not ready, and they kept telling them to come the day after... now today the embassy called them and told them that they will need to do a DNA test for some of the kids as well and the husband.

MY QUESTION IS:
Are they in their right to do something like after they approved and established eligiility for the visas and then to retract by asking for more DNA testing?
Can someone help me with this?

I could understand that, if it was during the interview or right after the interview or before a final decision was taken.

So help me out.

Thanks.

[OldE2]

The post has been deleted by the administrator for violating the discussion board rules.

On a serious note: see http://travel.state.gov/visa/i.../info/info_1337.html

Applicant/beneficiary may be asked to submit DNA test results (they don't force you to apply for a benefit, you are one applying for it. They reserve the right to request you submit required for processing evidence. It's up to you to do so. If you don't comply they can't process your case any further. Works like any request for evidence under Privacy Act and Authority to request proof of eligibility).

DNA test normally asked if no other credible proof or relationship exists.
Assuming the biological relationship is a matter of the fact, why do you care?
Just have your grandma and all related beneficiaries take tests and send the results to requesting agency/embassy.

Good luck.

[Jean Riccardo Rodney]

The reason is a financial burden and time consumption. My understanding or lack of knowledge in the matter is the following:

Can they do that after reviewing the case and approved the visas, then ask for some of the kids to undergo DNA testing? That shows a discrepancy on their part. That is what i am debating.

The kids are legitimate children, no worries, but the financial burden is high, i want to make sure someone did not screw up and then they have to pay the price for bad managerial administration.

[OldE2]

Originally posted by Jean Riccardo Rodney:
The reason is a financial burden and time consumption. My understanding or lack of knowledge in the matter is the following:

Can they do that after reviewing the case and approved the visas, then ask for some of the kids to undergo DNA testing? That shows a discrepancy on their part. That is what i am debating.

I do not think that case was ever approved. If it was the approval it would first have to be rescinded.
So, apparently there was no final approval.

The kids are legitimate children, no worries, but the financial burden is high, i want to make sure someone did not screw up and then they have to pay the price for bad managerial administration.

That's the unfortunate part.
But if evidence is required you must submit it or all will be denied.
If you want the cases approved just have your grandma and relatives
get tested and send the results to embassy.

[Jean Riccardo Rodney]

The case was approved. They did a first DNA testing between the petitioner and the applicant or Main beneficiary. It was positive. Then we submit baptism certificate along with it as required.

In my original post, i posted the email they sent me. They said, that they are found eligible for the visas, bring the passport so they can appose the visas. Which is normal routine after the interview.

Now, they made a phone call to the beneficiary informing her that there will be more DNA testing for her kids to establish parental relationship. These kids are derivatives.
Even her husband might be undergo the DNA testing as well, which is ridiculous, because he is getting it from his wife on marriage basis.

My grandma is out of the loop now, she already completed her DNA testing wth her daughther.

It is very frustrating. Tomorrow, they will tell us how many people will undergo that test.
I plan to contact the congressman, the department of State and the Media if possible.
I would not mind, if we were asked that after the interview or while the case was being processed.

But to ask that after practically closing a case. That is ridiculous. This is just an economical issue, it costs a lot of money to do those DNA testings.

Anyway. I hope I making sense.

[Hudson]

Originally posted by Jean Riccardo Rodney:
My grandmother (US Cit) filed for her married daughter (husband too) and kids in Haiti. Total of person is 10; 8 kids, spouse and Beneficiary.

Here is the issue.

They went to the interview for the visas. They asked for a DNA test between the mother and the daughter, to establish or confirm family ties. Also they asked for baptism certificate for everyone.
All documents and the DNA test were submitted to the embassy. Everything was good.

I receive this email after inquiring about the status of the case:

Thank you for your inquiry.

Please be informed that you have been found eligible for the immigrant visa and you are welcome to visit our office on any working days, Monday through Thursday, at 9 a.m. with the passports, a copy of the passports’ first page and $USD 10.00 each applicant for the courier service.

Regards,

Correspondence Unit/VD
Consular Section
U.S. Embassy, Port-au-Prince


They submitted their passport as required with the appropriate fees. They were told to come back a week later to get the passport, they would be ready. They did go to pick them up, but they were not ready, they were told come tomorrow, same thung happen, they were still not ready, and they kept telling them to come the day after... now today the embassy called them and told them that they will need to do a DNA test for some of the kids as well and the husband.

MY QUESTION IS:
Are they in their right to do something like after they approved and established eligiility for the visas and then to retract by asking for more DNA testing?
Can someone help me with this?

I could understand that, if it was during the interview or right after the interview or before a final decision was taken.

So help me out.

Thanks.

I read the case. Even though the DNA test is generally not mandatory, a consular office that is requiring the DNA test is more likely to deny the petition rather than approve it. I am assuming the daughter is the beneficiary of the I-130 Petiton by the USC mother and that the DNA tests from the other family members is to either confirm the relationship or not.

I wish you luck.

[OldE2]

The poster above is an Arrogant Taliban-Puritan Mullah-Limbaugh supporter (pre-Washinngtonian stock of vehemently furious and fanatical Bible thumping dimwits who, among other things, killed quite a large number of innocent individuals on the accusation of Withcraft).
He believes (he argued recently.in fact) that
US Consular Officers are there to berate and ridicule any visa applicant like Caligula.
So, it's ok to read his posts for entertainment and amusement purposes, but quite useless if you need
any sensible guidelines.

To OP:

1. Comply with request.
2. Wait for the decision.

Hillary Clinton heads Unites States Department of State. This is a good sign. It means if you comply and they arbitrarily deny you for no valid reasons, there will be repercussions for those who abuse power for no statutorily authorized reason. Just move fast. God forbid, if Romney wins and some Tea Party member gets appointed to the post of Hillary all the rights of all individuals will be flushed down the toilet (just imagine someone like Hudson calling shots there).


Good luck.

[Aroha]

Jean Riccardo Rodney, it's likely that the file went to a supervisor for review and he or she had concerns. The original case worker may have flagged them for approval and they sent the email prematurely based on that. Did they receive the printed approval letter?

DNA testing is generally only used if the other paperwork proving the relationship is missing or inconclusive. Spouses can be included to rule out fraud (i.e. it could be a brother rather than a husband).

As to the rest of it, I don't think you'll have much luck. DOS and your Congressman will likely only tell you the current status and I honestly don't think you'd get any media attention. If they were in the US and there were issues with one or more family members facing deportation, it would be different, but as it stands now, the worst that can happen is that Mum, Dad and the 8 kids stay together in Haiti.

[OldE2]

I would be surprised if OP is not a troll (just read his posts since 2 years his extended family
is going through immigration. It's all about brother of fathers' grandmothers' cousins granddaughter and etc. That's usually how immigration restrictions at numbersusa or fairus envision dreadful chain migration).

Not being Nostradamuses, let's assume he is not a fake poster and is a real immigrant who has a large family in Haiti that under the law is eligible to immigrate to US.

At that point his main objective should be to fulfill the request rather than asking what authority Embassy has
to ask for DNA tests.
Authority is there. And testing is even warranted if there is no sufficient proof (being that his family is in Haiti chances are they do not have birth certificates or other supporting evidence and there could be other legitimate grounds to request DNA testing from applicant).

Applicant has applied for a benefit and must prove his eligibility under the law.

Even if the Embassy employer is inexperienced or went on fishing expedition, it would be
better for applicant at this point to comply with request and prove with preponderance of evidence his
or her eligibility (including DNA test).

Chances are that once all the evidence is submitted the cases will be approved.

DNA test actually is a great tool.
It has exonerated many people on death row in criminal cases.

And in civil cases as immigration it can serve as invincible evidence and proof that no testimony can compare to.
And it's not all that expensive ( may be $80 or $100 per person), considering all other expenses one must undertake to apply and immigrate.

OP, if you are not fake go get the Kleenex Man (S12 posted a link yesterday) and have him handle your family case. Or just tell your family to comply with requests and produce what is necessary.
There is not much beyond what was said you will get out of this forum.

This forum is not for Q-A, it's a political battle ground of two forces: fanatical restrictionists and those
who believe in rationality of law and US Constitution.

Many fake posters come here to insinuate immigration related questions, whereas in fact they are taking upon themselves the caricature roles to perpetuate the wide spread in certain circles stereotypes which then are being used to justify unfair and blanket prejudicial treatment of entire groups of population.

This is not in accord with US Laws and US Constitution and I should always stand against it.

This being said, law must be law for ALL, and that includes immigrants as well.
If you are an immigrant , a real immigrant and not some troll or fake poster, then
remember the responsibility you bear for each action you take , and keep in mind
that it is not just you but all immigrants who get affected by virtue of
collective association.

The opponents of immigrants WANT immigrants to do all the bad things they stereotypically accuse immigrants of
doing so they can point fingers and say "Told ya, this is how they all are!".

In this atmosphere of charged and tense arguments it is of foremost necessity for any and
all immigrants to comply with what is required of them and do so to the fullest and utmost degree
they can.

Only then can you push back and demand fair treatment for yourself and your family.


Good luck to all.

[Jean Riccardo Rodney]

Thank You Aroha for your response. You have definitely answered my questions. Your response was actually what i thought could have happened. Someone prematurely sent it, but given the lengthy process of that case, i doubt it. Then again, we will see.

I am not here to contest their authority at all, i do understand the process and agree that they have to find out and ensure there are no frauds. However, after finalize a case by promising one thing and taking it back, is a hughe blow to the family who is waiting to complete that process. Now it hurts the most because of the financial burden it will put on the family to have to do 8 DNA testings or 5 or 4, even one is way too much because of how expensive these things are.

Just by looking at the family you can see there is sriking resemblance between all the siblings, it is very undisputable. Anyway, I am still waiting on the embassy getting back to them about their decision.

Thank You.

[Aroha]

It's a tricky one, Jean Riccardo. First of all, the wording doesn't seem typical of an actual approval and secondly, an approval email can't be used as proof - it has to be the actual approval letter. I absolutely understand where you're coming from, but I'm not sure you have grounds to argue on that basis. Of course, I'm not a lawyer, so if you have major concerns a consultation with one is recommended.

[OldE2]

Among relevant questions are:

1. What was reason for SD to ask DNA test?

2. If DNA didn't specify the reasons, then next question is: what documents/evidence was
submitted (birth certificates, other documents and etc.)

3. Are those documents sufficient to meet standard of proof (this is to be asked of attorney).

If answer to #3 is NOT then subject is closed , pay attorney consultation fees and leave or have attorney handle referral to DNA , filing of reports and so on.

If answer is YES, then further actions can be discussed (for example, submit all documents, prove eligibility,
wait for approval and later, while in US soil explore possibility of filing civil suit to compensate for losses incurred due to undue burden and hardship caused by arbitrary request to go through costly procedure and etc.)

In real life this poster would have told his family to comply with the DNA request and be done with it until further action was required or necessary. Also, in real life, chances are that if such or similar case existed
it would probably be due to a fact that there were no birth certificates or other documents issued to some of the beneficiaries ( a lot of people here may not know, but if you read forums you will discover that many people from various parts of world come here and get stamps like "FNU" instead of a first name in entry documents [FNU = First Name Unknown], and many others come here totally at loss when BC requested because in some countries ,apparently, people do not bother to ever get BC's and instead go to elementary school where for the first time their official existence gets recorded , and many other similar cases may exist where DNA test is the only way to produce required evidence).
In instances like those DNA test is justified and very necessary and in any event it is such a test that it only works to advantage of applicant in the end ,even if costly and inconvenient to go through.


Of course I wish OP good luck and will assume that he is genuine poster despite all these , rather fulfilling certain stereotypes, questions.

[federale86]

Obviously the AmEmb Consular Official has reason there might be fraud. No worries if there isn't. If not...

[AndreaArnold]

DNA is an idiosyncratic identity of the person.It can't be deployed or decremented as non evidence point of view.

[MakeItRight!]

It was a scam is why it was and is gone.