Immigration laws regulate how a person from another country may qualify for a visa to come to the United States and under what circumstances they may be deported. There are many different types of available temporary and permanent visas.
As such, depending on the purpose for a person’s entry into the United States, there will most likely be a visa that suits their needs. People with green cards, or permanent visas, may seek to be citizens. However, they must refrain from any activities that may bring deportation or removal upon them.
Citizenship and naturalization applicants are people who are applying to be citizens of the United States. Because becoming a citizen of the United States is a considerably personal decision, having an understanding of the naturalization process as well as the correct information regarding citizenship is crucial.
A person who is a non-resident may be deported from the United States in several different ways, such as:
- Being arrested as an immigrant;
- Having an application rejected by the USCIS; and/or
- Having a request for asylum denied.
An immigrant’s rights and their claim for relief will be decided by an immigration judge.
Immigration terminology such as a “visa” and a “green card” may be confusing, as these labels are often used interchangeably, although they refer to two different things. It is also common for these terms to be used in different ways from their original meanings.
A visa provides a person with the right to enter the United States legally. This is a physical stamp that a person receives on their passport or an equivalent document. The term “visa” also refers to a category in which a person comes to the United States for a temporary stay, including a student visa or a temporary worker visa.
The term green card refers to the process of obtaining United States citizenship rather than simply entering the country. The term green card application may refer to a process associated with immigration, including an adjustment of status or naturalization. The emphasis of a green card is on citizenship and residency status rather than admissibility into the United States. Physically, a green card is a plastic photo identification card that a person receives when they are granted lawful permanent resident status.
It is important to note that a green card is commonly known as a permanent visa, even though the term visa generally refers to temporary visa categories. This definition may provide some clarification regarding these terms.
As was previously mentioned, the type of visa that an individual applies for will largely depend on whether they intend to stay permanently or for a short time.
Political asylum is provided to people who immigrate to the United States in order to flee persecution or civil disturbances in their own country. Political asylum allows a person to stay within the United States, rather than returning to their home country and facing possible violence. These people are known as refugees.
If a person is a non-immigrant that resides outside the United States and wishes to enter the country for business or travel, they may be eligible to receive a temporary visa. This type of visa allows them to travel to the United States for a short period of time.
What Is DNA Testing? Is DNA Testing Required For Visa Applications?
DNA testing uses scientific techniques in order to determine a person’s identity, generally by analyzing blood samples or cotton swab samples that are taken from cells on the inside of the cheek. As such, a court may order DNA testing if a person’s identity must be established.
DNA testing can also be used to establish a blood relationship between two people by comparing their samples. This is commonly used in paternity determinations, in which the court needs to conclude which person is the biological father of a child.
In general, DNA testing is not required for visa applications. If the identity of a visa applicant is in question, the identity can usually be established through the use of birth certificates and other similar documents. However, if a person is petitioning a blood relative such as a sibling or child, an immigration judge may order DNA testing for both persons in order to establish that the two parties are in fact related.
To reiterate, blood relationships are generally established through birth certificates. However, a birth certificate may be lost or destroyed or may be somehow inaccurate. DNA testing can be a last resort for those who wish to petition their loved ones through the immigration system. The results from the DNA test can be used as evidence to prove that two people are related, for the purposes of immigration petitioning.
DNA tests are generally accepted as being up to 99% accurate. This means that although most DNA tests are reliable, there is still a chance that a DNA test can produce false results. If a DNA test indicates that you and your loved one are not related, you have several options in terms of petitioning your relative:
- Consider having the DNA test redone, as it is possible that the DNA lab made a mistake during the original testing;
- If you are petitioning a child who is younger than 18 years old, and you were married to their natural parent at some point, you may be able to petition them under the stepchild category;
- For people petitioning a child, you can consider adopting the child; and
- Inquire about the Visa Lottery Program, which distributes about 50,000 visas for eligible individuals from various countries.
How Is Immigration DNA Testing Different From DNA Testing In Criminal Prosecutions?
DNA testing for immigration purposes is somewhat different from DNA testing in criminal prosecutions. In a criminal case, DNA evidence is generally used against a defendant in order to determine their guilt. Alternatively, in an immigration context, DNA testing can actually be a method that widens a person’s options under immigration law.
To further illustrate the differences between DNA testing for immigration and DNA testing for criminal prosecutions, it may be helpful to further discuss DNA testing for criminal prosecutions. If a suspect’s DNA is found at a crime scene, scientists and law enforcement officials access a national DNA database that is filled with DNA samples taken from criminal offenders. Called the Combined DNA Index System, it is used to compare a suspect’s DNA to the DNA of hundreds of thousands of convicted criminals.
If a DNA match is found by law enforcement officials, the prosecution will use this information as evidence in order to try to prove that the suspect on trial is the person who committed the criminal act. However, finding DNA at a crime scene does not always lead law enforcement agents to find the person who is guilty of committing the crime. This is because a person’s DNA may be found at a crime scene, but that person was not involved in committing the crime.
The prosecutors in a criminal case will often argue that DNA evidence proves that the suspect committed the crime, especially if a suspect’s DNA is found on other forms of important evidence, such as a murder weapon. A jury may determine that DNA evidence by itself is not enough evidence to prove that a suspect is guilty of a crime.
A suspect’s defense attorney could argue that the suspect is innocent because the DNA evidence is inaccurate or incomplete. The suspect’s defense attorney may also argue that there is a small percentage of probability that the DNA evidence belongs to someone other than the suspect.
Do I Need A Lawyer For Help With Immigration DNA Testing?
If you need to take a DNA test for immigration purposes, you should contact an immigration lawyer for advice.
An experienced immigration attorney can help you understand the different requirements under immigration and visa laws, as well as the petitioning process. Additionally, they will also be able to represent you in court, as needed.
