US Consulate Sued over DNA test

[nas]

Some are drawing way too many conclusions here.

If the embassy requested a DNA, wouldn't it be to prove he was the biological father? Otherwise, it would have been an adoption, in which case no DNA required.

As per the man turning his back on his family after finding or assuming his wife cheated on him, it is a no brainier.
There are millions of Dominicans who would still walk away from a woman who cheats; specially if she was a virgin at marriage.

Archaic? maybe; but it is still part of the Dominican culture.

Let's give some time to the story. It may be a scam or it may not be. They know they'll be asked to take more DNA tests before the dust settles.

As per the wrong DNA test, the lab is at fault. They provided the expert opinion and the Consulate made a decision based on it.

For instance, if you rear end into a car. If as a result, that car rear ends into another car. The first car is responsible for all the damages. Isn't it?

 

[Aguaita29]

Isn't it a requirement by immigration when sponsoring a child to the US?

I also thought it was a requirement, when a man is sponsoring his children.

 

[AnnaC]

What I'm talking about is that the embassy only accepts results from a specific place. They are telling you that this place is the one that holds the truth.
It's like when you are sued for paternity, the court tells you to go to this lab, this lab gives "the good results", and a court sentence will be given according to this result; Even if you've presented results from other 10 different labs, they wouldn't matter, even if they matched. The only one that matters is the one from THIS lab.
So, I'm saying that I understand the guy's logic for trying to sue the embassy too, not that the Embassy was the one that made the mistake and that he WILL win against them.

Yes you are right and there are only 2 AABB Acredited in the DR


Like Frank said it's only when there is doubt

Genetic testing is a useful tool for verifying a stated biological relationship when no other form of credible evidence is available in conjunction with an immigrant visa (IV) application. Commonly tested relationships that utilize DNA testing include paternity, maternity, full-siblingship, or half-siblingship. More distant relationships cannot be proven reliably using DNA testing. DNA technology is the only non-documentary method accepted for proof of a biological relationship. However, due to the expense, complexity, and logistical delays inherent in parentage testing, genetic testing should be used only if no other credible proof (documentation, photos, etc.) of the relationship exists.

DNA Relationship Testing Procedures

 

[Conchman]

I wonder why the Embassy would be at fault in the first place. It was the third party lab that gave a wrong result. The Embassy just used the result to deny the visa. Wouldn't you sue the lab instead? Yeah, something doesn't add up here.

Because the Embassy has $180 Million, and the lab doesn't.

Of course, if the Embassy contracted a crappy lab negligently, they have some responsibility. But I also think a 2nd test should have been done by one of the parents.

 

[barker1964]

Of course he will sue on US soil.It will never get to court they will cut a check and let him go after the lab...It's like the case in Boston the lab worker who faked thousands of results this can and will open a can of worms. I guarantee you after they cut him a check they will make him accept and he will have to agree to a gag order. To prevent a flood of other court cases. The US can get bogged down in the court system and they will do any and eveything to avoid it going to court. They are so may cases that the amount that the person got waas way more than they originally asked for. Trust me speaking from personal experience. The government will ALWAYS settle.

 

[Aguaita29]

Some are drawing way too many conclusions here.

If the embassy requested a DNA, wouldn't it be to prove he was the biological father? Otherwise, it would have been an adoption, in which case no DNA required.

As per the man turning his back on his family after finding or assuming his wife cheated on him, it is a no brainier.
There are millions of Dominicans who would still walk away from a woman who cheats; specially if she was a virgin at marriage.

Archaic? maybe; but it is still part of the Dominican culture.

Let's give some time to the story. It may be a scam or it may not be. They know they'll be asked to take more DNA tests before the dust settles.

As per the wrong DNA test, the lab is at fault. They provided the expert opinion and the Consulate made a decision based on it.

For instance, if you rear end into a car. If as a result, that car rear ends into another car. The first car is responsible for all the damages. Isn't it?

I don't think it's a scam either! I understand why he walked away: Dominican men can't tolerate cheating; Even the ones who cheat can't handle the idea of being cheated on.

 

[barker1964]

Who is to say that the tests done here are correct? sounds like a scam to me.

If it were a SCAM he would not have waited 5 years. Long didtance relationships are hard enough. And what price can you put on time lost with your child. He will never get that time back. What price do you put on her first words watching her walk for the first time. And as a father the first time she says Papa. When my daughter said Papa the first time I cried. There isno way to put a price on what that man lost.Anyone here who has a child that they love will understand what I'm saying.

 

[pollogringo]

What a mess!

 

[the gorgon]

Of course he will sue on US soil.It will never get to court they will cut a check and let him go after the lab...It's like the case in Boston the lab worker who faked thousands of results this can and will open a can of worms. I guarantee you after they cut him a check they will make him accept and he will have to agree to a gag order. To prevent a flood of other court cases. The US can get bogged down in the court system and they will do any and eveything to avoid it going to court. They are so may cases that the amount that the person got waas way more than they originally asked for. Trust me speaking from personal experience. The government will ALWAYS settle.

i think he brought the suit to a Dominican court. secondly, the US government does not " always settle". if no agency can be established between the Embassy and the lab, he has wasted his time. thirdly, the US governmental agencies reserve the right to stipulate the names of the labs from whom it accepts results. that is for obvious reasons. it does not want to request a brace of tests, only to have the petitioner bring in results from Fausto's Pica Pollo and DNA Testing Tienda. it has a short list of labs which it has researched, and it will recommend that you visit one of those, since it accepts results from no others. that does not mean that if the results are false, it is to blame.

 

[Castle]

If it were a SCAM he would not have waited 5 years. Long didtance relationships are hard enough.

Not to discredit anything you have said, but I've seen scams lasting longer than that in order to get a visa, let alone a green card...

 

[xstew]

Maybe this will be a wake up call for the Embassy to rethink how they handle peoples lives. Their rude treatment of both U.S. and Dominicans makes me do all i can to avoid to ask for any help from them. I have worked and lived in many countries and never received such treatment as received here. Have an appointment stand in line in the burning sun for an hour then be treated as if you are being done a favor. Get inside citizen services and try to find a chair. Wait until an hour has passed your appointment time. Then be told you must come back as you do not have what they deem you need to have. Want to have a direct deposit sent to your bank no way you must use Banco Popular. No other Bank. All Americans must use Banco Popular i find that some what strange. They even have a man standing outside citizen cervices handing out pre printed forms for Banco Popular when you sign up for social security Very interesting how they force you into this Bank.

 

[the gorgon]

Maybe this will be a wake up call for the Embassy to rethink how they handle peoples lives. Their rude treatment of both U.S. and Dominicans makes me do all i can to avoid to ask for any help from them. I have worked and lived in many countries and never received such treatment as received here. Have an appointment stand in line in the burning sun for an hour then be treated as if you are being done a favor. Get inside citizen services and try to find a chair. Wait until an hour has passed your appointment time. Then be told you must come back as you do not have what they deem you need to have. Want to have a direct deposit sent to your bank no way you must use Banco Popular. No other Bank. All Americans must use Banco Popular i find that some what strange. They even have a man standing outside citizen cervices handing out pre printed forms for Banco Popular when you sign up for social security Very interesting how they force you into this Bank.

xstew, the worst yet is when you try to call the department that deals with social security issues. NOBODY EVER ANSWERS. never. i have called that number over 50 times, and you get voice mail, which instructs you to call the number you just called. several people have complained, and branch offices have forwarded this info to the Santo Domingo office. still, no positive results.

 

[leromero]

Because the Embassy has $180 Million, and the lab doesn't.

Of course, if the Embassy contracted a crappy lab negligently, they have some responsibility. But I also think a 2nd test should have been done by one of the parents.

Something that everyone is overlooking is the concept of sovereign immunity. I haven't checked this yet, but I believe it applies in this situation. This suit is going nowhere.

 

[the gorgon]

Something that everyone is overlooking is the concept of sovereign immunity. I haven't checked this yet, but I believe it applies in this situation. This suit is going nowhere.

thanks for that posting, leromero. i just checked that info


Sovereign immunity in the United States is the legal privilege by which the American federal, state, and tribal governments cannot be sued. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. Foreign governments enjoy immunity from suit, as provided in the Foreign Sovereign Immunities Act.

 

[xstew]

Being an expat for many years. All of us Americans agreed that if you are in trouble in a third world country. Never go to the U.S. embassy they will just give you up to the locals. We would go to the British Embassy ware the the Counsel would stand in the door and say you will take this man over my dead body! True story. Get help ware it is Honest and stands for human rights. I love my country and served in the military for 10 years but i think some one from the state department should take a look how things are run here. I know no one who is happy about the treatment of U.S. citizens here!

 

[waytogo]

This was the ONLY reason I haven't applied for dual citizenship here................
I read here, on Dr1 a while ago, that if I did this, I could forget about U.S. representation..........
Now it appears that I wouldn't be losing much......

B in Santiago

 

[pdmlynek]

Something seems fishy. I bet there is more to this story than what is written.

Lindsey

Generally, it is naive to rely on anything to do with lawsuit on what is written in newspapers. There is ALWAYS more to any story than is written.

Why? Firstly, because reporters are generally not lawyers so do not fully understand the legal positions (even when they get the facts correct), and secondly, the reporters get their stories from lawyers from one side or the other. Lawyers are bound to represent their clients' interests, thus they ALWAYS have to put on a spin on whatever they say concerning their clients. I am sure that a good lawyer in a hypothetical defense of Adolf Hitler would be able to convince a reporter that his client is a lovable, yet misunderstood, viejo, who loves dogs and kids, and all his over-zealous actions during the time that he was going through his mid-life crisis were done for the good of his country.

I really feel bad for Mr. Miguel Familia and his family.

 

[bronzeallspice]

The DNA test will have to be repeated again.Who's to say that the DNA test that was performed in
US lab and came back negative is the wrong one.Just because the other test performed on DR soil
came back positive doesn't prove it is correct.If the family thinks that this will be a slam dunk case
they have something coming to them.

 

[bronzeallspice]

Oops!my mistake,I just reread the OP and realize the first test was performed also in the DR.

 

[Big Dan]

The test was likely performed at Consultorios de Visa in Santo Domingo. My wife went there for her physical and immunizations before her visa interview at the Consulate, which is about a mile and a half from Consultorios de Visa. I am certain Consultorios de Visa is the medical agent for the Consulate.

We found the consular officers to be professional and completely business oriented. You should not look at consular officers as friends. They aren't your friends, and they don't have time for idle chat when you stand in front of them; the Santo Domingo Consulate is, I believe, the second busiest Consulate in the world.