Evens Colas, a US citizen who has two Haitian children he has tried to bring them back to the US by means on an immigration test, specifically a paternity DNA test tomprove a biological relationship between him and his children. Under US law, a DNA tests must prove that there is a biological relationship between people.
The Haitian earthquake has brought the country to its knees. The country has one of the lowest GDP in the world and does not have economic means to help itself when such disasters strike. As disease and social unrest spread, despite aids from many countries, Cola’s children remain in Haiti surrounded by the tragic scenario and constant life-threatening dangers. Evens must bring his children safely to the US quickly.
US immigration procedures for naturalization of the children are dictated by the USCIS (United States Citizenship and Immigration Service).
Evens must provide proof of being the childrens’ biological father by doing an immigration test. However, his paternity test results excluded him as being the biological father. Evens could not believe he was not the paternal father of the children he witnessed being born and raised. He took a second paternity DNA convinced that the first test had provided results that were wrong. The second test, gave the same results; Evens was thus, definitely not the biological father of the children. In Haiti, Evens is the legal father of the children and the father registered on the children’s’ birth certificate. Evens provided the birth certificates along with other documents to prove the fact that he was legally father and acted like father in all respects. Amongst other documents, he gave the following to the US immigration services:
1. Dozens of photos showing him with his children throughout the children’s childhood.
2. Receipts showing that money had been regularly transferred to support the children back in Haiti.
3. Vocal recorded requests from the children’s paternal grandmother highlighting the plight of the children and her wish that they live in the US with their father and his wife, Sue.
These were just some of the documents which were used by Evens produced. However, US officials said there is nothing they can do but work within the law. If the paternity DNA test shows Evens is not the biological father then the children have no right to claiming US citizenship or even residing in the country. The Haitian government has no interest in immigration DNA tests; what counts is what is on the birth certificate and Evens is the father under Haitian law. The US Citizenship and Immigration services could give only one option: Evens should adopt the children, Paul and Melissa, which would make the children eligible for US citizenship under US law. However, since in Haiti Evens is children’s legal father, he cannot adopt his own children.
These inconsistencies in the ways different governments deal with immigration means that such cases as Evens’ could happen in many other Western countries. Immigration procedures need to be amended and such situations taken into consideration. Immigration testing has in this case proved very unjust, especially under such urgent circumstances. Is a paternity DNA test the be all and end all without exception?
