Transcript of the above video: 

So as the title suggests, and you did not read that wrong, it looks like we may and I stress "may" in the future be seeing a new rule with regard to DNA testing for petitioners even possibly, not to mention the actual underlying applicant, the person trying to get the visa, but also the person sponsoring that person; it looks like they may require DNA testing in association with future immigration benefits to the United States. Let's dig into this.

I found this in the Federal Register, this is federalregister.gov,  the title is: Collection and Use of Biometrics by U.S. Citizenship and Immigration Services. If you read this procedurally, this is a proposed rule. It is not a foregone conclusion that they are going to do this. If you have a Senator or Congressman, it is possibly a good idea to go ahead and let them know that you don't want this to happen. Also, if you go to that federalregister.gov site, there's information about where to go to lodge your own comments regarding the proposal rule. So there are mechanisms to possibly head this off at the pass as they say in some of my favourite old westerns, but for now, this is a proposed rule and it's looking like if all goes according to their plans, they may implement it as soon as next year. Again federalregister.gov under SUMMARY: "The US Department of Homeland Security proposes to amend its regulations governing Biometrics use and collection. DHS proposes to require submission of Biometrics by any individual, regardless of age, filing or associated with an immigration benefit request ..." So like anybody mentioned if you will, in the documentations pertaining to a US immigration application could be pulled into this, if it comes off the way want it to. Quoting further: "... other request, or collection of information unless exempted;" - so it presumes everybody and then they create specific exemptions is what they want to do. That means effectively presume it's going to be everybody. Quoting further: "... expand biometrics collection authority upon alien arrest; define "biometrics,"… codify reuse requirements; codify and expand DNA testing;" - expand DNA testing - and they are saying for anybody associated with an application for an immigration benefit. This is serious stuff, and I'm sitting here wondering why. Well, maybe they just want to know. I think it's intrusive, but I am trying to like in my head come up with the arguments as to why they even need this information. In a theoretical context, if a child was born abroad, I guess they would already have that person's DNA on file to be able to use, but again there is no really compelling reason that I can in any way see that requires them to do DNA testing but here we are. Quoting further: "... use and storage; establish an "extraordinary circumstances" standard to excuse a failure to appear at a biometric services appointment." Yeah, that's the other thing. I've started to see this. I think they did it prematurely on one case. We filed an I-129F for a Fiancé(e) Visa, and they immediately shot out a letter that said they wanted Biometrics from the petitioner, which I haven't seen in like 15 years, and they only did that on a petitioner that had a prior criminal record; they wanted to run his fingerprints again. Again, this applicant has no prior record; they are perfectly clean. I don't see what the issue is, but they want to now do Biometrics on the American citizen petitioners who are seeking benefits like the Fiancé(e) Visa in the K-1 category or the K-3 Marriage Visa, or the CR-1 or IR-1 Immigrant Spouse Visa categories. They want the American citizen it looks like to put in their own DNA and fingerprints and biometrics; this is not good. Quoting further: "... use and storage; establish an "extraordinary circumstances" - and again, only allow people able to be exempted under "extraordinary circumstances" - "... to excuse a failure to appear at a Biometrics Services appointment;" - so then if you if you just fail to appear after they shoot out one of these notices which you may or may not get in a timely manner. The one we got; I received my copy here in Thailand the day they were having the appointment. So it's also another sort of backdoor scheme to try to kill these legal immigration cases in such a way that they don't have to adjudicate on the merits because they know if they adjudicate on the merits they need to approve the petition. Quoting further: "... modify how VAWA self-petitioners and T nonimmigrant status applicants demonstrate good moral character; and clarify Biometrics collection purposes. "Yeah, other than we just want it because we say so, for you to be able to get a US Immigration benefit. 

But this is where we are. If this rule passes, and again it's not a foregone conclusion, go to the websites, lodge your own ideas on what you think of this with the Federal Register. Also, it may not be a terrible idea - I don't think I've ever said this in a video, and I rarely would say it when I'm talking to clients - this issue might be something worth contacting a Congressman or Senator and say, "hey, can we not have this. If I want to sponsor my Thai wife to come to the United States, I don't want to have to give them a pint of blood in order to do it." And I don't think that's unreasonable for an American to expect that kind of treatment by our own Government. So again, the only point I'm trying to make with this video is one, this will have a substantial impact on the US Immigration process generally. I suspect it will have a particularly acute effect on the Fiancé(e) and Marriage Visa categories if this ultimately comes to pass.