UNCLASSIFIED TELEGRAM February 08, 2001 To: ALL DIPLOMATIC AND CONSULAR POSTS - ROUTINE Origin: VO From: SECSTATE WASHDC (STATE 22995 - ROUTINE) TAGS: CVIS, CMGT, CPAS Captions: None Subject: NEW DNA TESTING GUIDELINES FOR VISAS AND CITIZENSHIP Ref: None _________________________________________________________________ 1. There have been many previous cables about DNA testing guidelines. This cable replaces all previous guidance concerning such guidelines and the issuance of visas or granting of citizenship. 2. Consular officers cannot require individuals who are seeking benefits under the Immigration and Nationality Act (the INA) to undergo DNA testing to confirm a relationship that supports a claim for citizenship or for visa eligibility. It is for the applicant and petitioner to decide whether to submit such evidence if the consular officer decides that other available evidence is insufficient to meet the applicant's burden of proof. Consular officers should use other methods, such as conducting a thorough interview, to determine whether the necessary relationship exists, leaving the applicant the option of providing DNA evidence if other available evidence is insufficient. 3. In visa cases, if the consular officer has developed sufficient credible evidence to support returning a petition to the INS pursuant to the guidelines found in 9 FAM 42.43, the officer should advise the applicant that he or she may offer, as an alternative to returning the petition, the introduction of the results of DNA testing as proof of a relationship. Similarly, if the consular officer is not satisfied that a citizenship claim meets the requirements of 7 FAM 1131.4-1(a) regarding the establishment of a blood relationship between the child born abroad and the citizen parent(s) through whom the claim to U.S. citizenship is derived, the officer should inform the putative parent(s) that he or she may elect to pursue DNA testing as proof of the relationship, utilizing the procedures explained in 7 FAM 1131.5-5. 4. When DNA tests are submitted, they must conform to accepted standards. This cable sets forth the tests the Department has determined may be accepted by consular officers for visa and citizenship purposes; the standards of proof necessary when those tests are used; and guidelines to be followed with respect to institutions whose opinion can be accepted. This guidance will be incorporated into 7 and 9 FAM and will be amended from time to time to reflect evolutions in DNA technology. 5. At this time, only the Polymerase Chain Reaction-Short Tandem Repeats (PCR-STR) and Restriction Fragment Length Polymorphism (RFLP) methods of DNA testing may be accepted by consular officers for purposes of adjudicating visa or citizenship eligiblity. Test samples can be acquired either through the use of buccal swabs or through the drawing of blood. The Department recommends using buccal swabs when possible, as this method eliminates many issues that can arise with transporting the samples to approved laboratories. 6. DNA testing reliability has advanced to industry accepted standard of 99.5 percent. Consequently, for visa or citizenship purposes, consular officers may accept only test results that provide this degree of certainty with respect to paternity/maternity. Test results with a lower percentage standard need not automatically result in a conclusion of nonpaterNity/maternity, however. A test that supports paternity/maternity to a degree less than 99.5 percent generally shoUld be followed by retests to determine if 99.5 percent accuracy can be achieved. If, after several attempts, it is not possible to reach the 99.5 percent level, and the consular officer remains unconvinced of the bona fides of the relationship in question, the petition must be returned to INS with the evidence of the outcome attached. 7. DNA testing for visa and citizenship purposes must be done by a lab that is accredited by the American Association of Blood Banks (AABB). Names of AABB accredited labs CAN BE PROVIDED TO POST ON REQUEST, OR FOUND ON THE INTERNET AT www.aabb.org. At present, when one arriveS at that site, the names can be discovered by selecting "about the aabb," followed by selecting "standards and accreditation," scrolling down, go to "parentage testing accreditation program," and then selecting "aabb accredited parentage testing laboratories." 8. If there are further questions about visa eligibilty and genetic testing, posts should contact CA/VO/F/P for more information. If there are further questions about citizenship eligibility and genetic testing, posts should contact CA/OCS/PRI for more information. 9. The Department reiterates that it continues to monitor DNA technology and that this guidance may be revised from time to time. Posts using DNA testing for visa or citizenship purposes are requested to report their experiences to CA/VO/F/P for visas and to CA/OCS/PRI for citizenship, so that we can also monitor the impact of this guidance on visa and citizenship adjudications. POWELL