1. BEGIN SUMMARY. THIS CABLE SUPPLEMENTS PREVIOUS GUIDANCE
ON GENETIC TESTING (REFS), PROVIDING ADDITIONAL INFORMATION
ON WHEN GENETIC TESTING IS APPROPRIATE, WHAT PERCENTAGE OF
PARENTAGE PROBABILITY IS DESIRABLE, AND WHAT INFORMATION
LABS NEED IN ORDER TO PROVIDE USEFUL RESULTS. END SUMMARY
WHEN IS GENETIC TESTING APPROPRIATE?
2. GENETIC TESTING IS EXPENSIVE, TIME CONSUMING AND
LOGISTICALLY COMPLEX, AND SHOULD NEVER BECOME A ROUTINE
PART OF THE VISA ADJUDICATION PROCESS. CURRENTLY, NO TEST
CAN PROVE PARENTAGE WITH 100 PERCENT CERTAINTY. IN FACT,
DIFFERENT LABS TESTING THE SAME SAMPLES CAN REPORT
DIFFERENT RESULTS DEPENDING ON THE GENETIC MARKERS TESTED.
THEREFORE, TO THE EXTENT POSSIBLE, CONSULAR OFFICERS SHOULD
MAKE DETERMINATIONS OF PARENTAGE BASED ON EVIDENCE SUCH AS
BIRTH CERTIFICATES, BAPTISMAL CERTIFICATES, ETC. ONLY WHEN
SUCH EVIDENCE IS UNAVAILABLE OR NOT CREDIBLE IS GENETIC
TESTING ADVISABLE.
3. WHEN GENETIC TESTING APPEARS WARRANTED, THE CONOFF
SHOULD ADVISE THE APPLICANT THAT GENETIC TESTING MAY/MAY
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ESTABLISH THE VALIDITY OF THE RELATIONSHIP; THAT SUCH
TESTING IS ENTIRELY VOLUNTARY; AND THAT ALL COSTS OF
TESTING AND RELATED EXPENSES MUST BE BORNE BY THE
PETITIONER/BENEFICIARY AND PAID TO THE LABORATORY IN
ADVANCE.
4. THE APPROVAL OF A VISA PETITION IS PRIMA FACIE EVIDENCE
OF THE RELATIONSHIP BETWEEN THE PETITIONER AND THE
BENEFICIARY. 9 FAN 42.43 N1 STIPULATES THAT ONLY IF A
CONSULAR OFFICER KNOWS OR HAS REASON TO BELIEVE THAT THE
BENEFICIARY IS NOT ENTITLED TO STATUS SHALL A CONSULAR
OFFICER RETURN THE PETITION TO THE INS APPROVING OFFICE.
SUCH A DETERMINATION MUST BE BASED UPON EVIDENCE THAT THE
INS DID NOT HAVE AVAILABLE AT THE TIME OF ADJUDICATION. DNA
ANALYSIS WHICH EXCLUDES THE TESTED INDIVIDUAL AS THE PARENT
SUFFICES TO MEET THIS BURDEN OF PROOF.
WHAT PERCENTAGE OF PROBABILITY IS ACCEPTABLE?
5. REF A STATES THAT AMERICAN ASSOCIATION OF BLOOD BANKS
(AABB) STANDARDS MANDATES 99 PERCENT TO BE THE MINIMUM
REQUIREMENT FOR THE PROBABILITY OF PATERNITY, EXCEPT IN
RARE CIRCUMSTANCES. UNFORTUNATELY, THIS STATEMENT OVER-
SIMPLIFIES MATTERS AND DOES NOT/NOT MEAN THAT ALL RESULTS
99 PERCENT AND HIGHER SHOULD BE ACCEPTED AS PROOF OF
PATERNITY (MATERNITY), OR THAT ALL RESULTS BELOW 99 PERCENT
EXCLUDE PATERNITY (MATERNITY).
6. THE TYPE OF TEST PERFORMED, THE GENETIC PROFILE OF THE
LOCAL POPULATION AND FACTORS SPECIFIC TO THE CASE AT HAND
WILL ALL AFFECT THE LEVEL OF PROBABILITY WHICH A POST
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SHOULD REQUIRE. THUS, EACH POST SHOULD CONSULT WITH LOCAL
PHYSICIANS AND LABS, CONSIDER LOCAL FRAUD PROFILES, AND
ESTABLISH A POST-SPECIFIC DESIRED LEVEL OF CONFIDENCE.
POST SHOULD PLACE THIS INFORMATION IN A COVER LETTER WHICH
SHOULD BE FORWARDED TO LABS WITH EACH REQUEST FOR GENETIC
TESTING. ANY POST WHICH PROPOSES TO IMPOSE A STANDARD
HIGHER THAN 99 PERCENT SHOULD PROVIDE A JUSTIFICATION TO
VO/F/P BEFORE IMPLEMENTING THE STANDARD.
WHAT DOES THE LAB NEED TO KNOW?
-- TYPE OF TESTING DESIRED
7. RFLP MAPPING IS THE MOST POWERFUL TYPE OF GENETIC
TESTING CURRENTLY AVAILABLE. RFLP MAPPING CAN TYPICALLY
EXCLUDE AN AVERAGE OF 99.9 PERCENT OF FALSELY CLAIMED
PARENTS AND WILL GENERALLY PROVIDE A PROBABILITY OF
PATERNITY (MATERNITY) IN EXCESS OF 99 PERCENT IN CASES
WHERE THE ALLEGED PARENT IS NOT EXCLUDED. RFLP MAPPING
REQUIRES RELATIVELY LARGE BLOOD SAMPLES, HOWEVER, AND
CANNOT BE USED IN COUNTRIES WHERE COLLECTING AND SHIPPING
BLOOD SAMPLES IS NOT POSSIBLE. IN CASES WHERE SUBSTITUTION
OF A CLOSE RELATIVE IS LIKELY, POSTS SHOULD REQUEST THE LAB
TO TEST AT LEAST 6 GENETIC MARKERS IF RFLP MAPPING IS USED.
8. PCR BASED TESTING IS COMMONLY USED TO EVALUATE DNA
SAMPLES COLLECTED BY SCRAPING THE CELLS LINING THE INSIDE
OF THE CHEEKS WITH A SWAB (AKA BUCCAL SWAB). PCR BASED
TESTING IS TYPICALLY 10 TO 100 TIMES LESS POWERFUL THAN
RFLP MAPPING, BUT IS THE ONLY ALTERNATIVE IN COUNTRIES
WHERE BLOOD SAMPLES CANNOT BE COLLECTED OR SHIPPED. IN
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CASES WHERE SUBSTITUTION OF A CLOSE RELATIVE IS LIKELY,
POSTS SHOULD REQUEST THE LAB TO TEST AT LEAST 15 GENETIC
MARKERS IF PCR BASED TESTING IS USED.
-- LOCAL GENETIC PROFILE
9. LAB RESULTS CAN BE INTERPRETED DIFFERENTLY BASED ON THE
GENETIC PROFILE OF THE LOCAL POPULATION. IN COUNTRIES
WHERE THERE IS A HIGH DEGREE OF INTERMARRIAGE AMONG FAMILY
MEMBERS AND THE POPULATION IS HOMOGENEOUS, A PROBABILITY OF
99 PERCENT MIGHT NOT BE CONCLUSIVE (AN UNCLE'S BLOOD
SUBSTITUTED FOR THAT OF THE FATHER MIGHT EASILY RESULT IN A
99 PERCENT PROBABILITY). IN SUCH A POPULATION, A POST MIGHT
ADVISE LABS THAT A HIGHER THAN USUAL DEGREE OF PROBABILITY
IS DESIRED (FOR EXAMPLE, 99.5 PERCENT) AND PROVIDE THE LAB
WITH A DESCRIPTION OF THE LOCAL GENETIC PROFILE. THE LAB
MAY THEN TEST A WIDER RANGE OF GENETIC MARKERS TO ACHIEVE A
MORE REFINED RESULT.
10. IN HIGHLY HETEROGENEOUS POPULATIONS WHERE LITTLE
INTRA-FAMILY MIXING OCCURS, ON THE OTHER HAND, A RESULT OF
99 PERCENT OR EVEN SOMEWHAT LESS MIGHT BE CONCLUSIVE.
AGAIN, IF THE LAB IS AWARE OF THE LOCAL CONDITIONS, IT CAN
TAILOR ITS TESTING TO MEET A POST'S NEEDS.
-- CASE SPECIFIC INFORMATION
11. IT IS EXTREMELY IMPORTANT THAT TEST RESULTS BE
EVALUATED IN LIGHT OF NON-GENETIC EVIDENCE GATHERED BY THE
CONSULAR AND MEDICAL PERSONNEL COORDINATING THE TESTING.
SUCH INFORMATION MAY INCLUDE CLUES OF PREMEDITATED
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MISREPRESENTATION OF ONE OR MORE MEMBERS OF A FAMILY.
AGAIN, THIS INFORMATION MAY AFFECT THE LAB'S ASSUMPTIONS,
ANALYSIS OF THE TEST RESULTS AND EVEN THE NUMBER OF GENETIC
MARKERS COMPARED.
-- FOLLOW-UP WITH LAB
12. POSTS SHOULD FEEL FREE TO CONTACT THE LABORATORY FOR
CLARIFICATION IF THE LAB'S FINDINGS ARE INCONCLUSIVE. LABS
ARE ABLE TO CONDUCT ANALYSIS OF ADDITIONAL GENETIC MARKERS
TO HELP RESOLVE SUCH CASES. IT IS ALSO POSSIBLE FOR A
LABORATORY TO CALCULATE THE LIKELIHOOD THE TESTED
INDIVIDUAL IS AN UNCLE AS WELL AS THE LIKELIHOOD THAT HE IS
A FATHER. WHERE SUCH CONCERNS EXIST, OFFICERS SHOULD ASK
THE LAB TO CALCULATE WHICH RELATIONSHIP IS FAVORED AND BY
HOW MUCH. A LABORATORY WHICH STATES IT IS UNABLE TO COMPLY
WITH THIS TYPE OF A REQUEST SHOULD NOT BE USED FOR TESTS
WHEN SUBSTITUTIONS ARE A CONCERN, AND POSTS ARE REQUESTED
TO CONTACT VO/F/P IN SUCH INSTANCES FOR FURTHER GUIDANCE.
PICKERING
NOTE: POUCH ADDRESSEES PROTECTED BY IRM/MSO
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