USCIS issued a new policy alert requiring adjudicators to suggest DNA testing as optional evidence to establish genetic relationships when primary evidence is unavailable, unreliable, or insufficient and additional evidence is needed. The guidance, effective immediately, standardizes when officers must recommend DNA testing in family-based benefit requests.
What changed
USCIS updated its Policy Manual to require officers to suggest DNA testing as an optional form of evidence to establish a claimed genetic relationship in cases where primary evidence is unavailable, unreliable, or insufficient, when an officer determines additional evidence is necessary.
The key shift: DNA testing is now a mandatory suggestion (not optional guidance) when an officer issues a Request for Additional Evidence (RFE) in a family-based case and primary evidence of the genetic relationship is lacking.
If evidence submitted by the petitioner does not demonstrate the existence of a qualifying genetic relationship by the preponderance of the evidence, officers must suggest petitioners submit parentage DNA test results if choosing to request additional evidence from the petitioner.
If the benefit requestor fails or refuses to submit DNA testing results, USCIS will not send another RFE for the sole purpose of suggesting DNA; officers will evaluate the response and adjudicate based on the record.
Why it matters
For practitioners, this policy clarifies that DNA testing is the expected next step when vital documents are missing, damaged, or deemed unreliable—particularly in I-130 family-based petitions, spousal cases, and cases involving relationships established abroad.
The policy also protects applicants: if officers recommend DNA testing during an RFE and the applicant complies, USCIS commits to adjudicating based on that evidence rather than issuing repeated requests. This creates a defined roadmap for family reunification cases where documentation is limited.
However, the policy reinforces that USCIS cannot require DNA test results but officers will suggest benefit requestors voluntarily submit DNA results in cases where reliable primary evidence is not available and the officer determines additional evidence is necessary. Applicants retain the right to refuse, but refusal may lead to a notice of intent to deny or denial.
Way forward
-
Before filing: Gather all primary evidence (birth certificates, marriage licenses, divorce decrees). If primary documents are unavailable, anticipate an RFE and budget for DNA testing (~$500–$700 per test).
-
In response to an RFE: When USCIS suggests DNA testing, treat it as a strong directive. Obtain a chain-of-custody compliant test from an AABB-accredited laboratory listed on the USCIS website; do not use consumer home DNA kits.
-
Document the request: Ensure the RFE or NOID explicitly mentions DNA testing as an option. This creates a record that adjudicators are following the new policy and protects the applicant against later denials based solely on missing primary evidence.
-
Timing: DNA testing typically requires 2–4 weeks for results. Factor this into your RFE response deadline (usually 12 weeks, or 30 days for I-539 and I-601A cases).
Disclaimer
This article is for informational purposes and is not legal advice. The information reflects the policy as published by USCIS on August 5, 2026. Immigration policy can change without notice and may be subject to legal challenge. Always consult a licensed immigration attorney before filing or responding to an RFE, and verify the current guidance against the source document linked above.