 |
 |
BLOOD TESTS COULD HELP MOTHER PETITION HER
CHILD, DESPITE BIRTH BEING REGISTERED IN LOLA'S NAME
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
When I was only 17 years old, I got pregnant by my boyfriend.
I come from a very conservative family, so my mother had my child's
birth registered in her name to protect me as well as our family's
name and reputation. Even the hospital records and my child's
school records show my mother as the biological mother. So, I
grew up as my child's "Ate" (older sister).
I eventually immigrated to the U.S., and became
a U.S. citizen. I desperately want to petition my child, but my
child's birth certificate and all her other papers show my mother
(the child's Lola [grandmother]), as the "biological"
mother. Is there any hope or chance that I could be able to petition
my child and bring her to the U.S. legally?
Very truly yours,
R.F.
Dear R.F.:
On July 14, 2000, INS headquarters in Washington, D.C., published
a memo concerning "Guidance on Parentage Testing for Family-Based
Immigrant Visa Petitions", which may offer you hope. In essence,
the INS would allow DNA testing in certain circumstances, in order
to establish a claimed family relationship for benefits under
the Immigration and Nationality Act. When the documentary evidence
does not establish a parent/child relationship, it could be possible
for the family members to submit to DNA testing, in order to prove
the parent/child relationship.
By law, whenever a parent petitions a child, the
parent (who is the petitioner) must provide evidence to the INS
of the parent/child relationship. The primary (or most reliable)
evidence in order to establish a parent/child relationship is,
of course, the child's birth certificate. The law provides that
when a birth certificate is not available, the petitioner
may submit "secondary evidence", such as a baptismal
certificate, church or school records, etc. If the birth certificate,
as well as "secondary evidence" are not available, affidavits
may be submitted. However, the lack of a birth certificate creates
a presumption that you are not the parent. Any secondary
or alternative evidence is thoroughly analyzed and investigated
by the INS for authenticity and credibility. As a possible last
resort (where the documentary evidence is inconclusive or questionable),
the family may wish to consider DNA testing.
The recent INS memo emphasizes that the DNA testing
procedure must be strictly controlled and monitored, to ensure
that the testing is properly conducted. The DNA testing can be
conducted only by certain laboratories which have been approved/accredited
by the INS (i.e. you cannot just go to any lab for DNA testing).
Under no circumstance can the family members be involved in any
way in handling or transporting the DNA test samples (which could
either be blood or tissue samples). This is to ensure that nobody
"contaminates" the testing procedures. These DNA test
results must produce a 99.5% statistical probability that the
parties being tested are, in fact, parent and child.
In your case, it appears that almost all the documentation
to prove that you are the mother has been altered to show your
mother (the child's Lola) as the biological mother. Therefore,
you may want to consider DNA testing, in order to prove that you
are the real mother.
Because of the complexities of the situation, I
would strongly advise that you seek the assistance of a reputable
attorney, who could work with you, the INS, and the approved laboratory,
to assure that the DNA testing is conducted per the requirements
and specifications of the INS, and that all appropriate people
undergo DNA testing. The fact that some documents were altered,
gives the INS or Embassy more reason to look closely into your
case. The INS or Embassy cannot be blamed for investigating further,
since you lied before, and they want to be assured that you are
not lying this time. While there are no absolute "guarantees"
of success, I believe that, in your situation, DNA testing could
offer you the best hope of finally being able to petition your
child and bring her to America to be with you legally.
Back
to Main
|
|
|
