What changed
On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) published Policy Alert PA-2026-06, titled “Suggesting DNA Testing When Issuing a Request for Additional Evidence.” It tells officers that when the primary evidence of a claimed genetic relationship is “unavailable, unreliable, or insufficient” and the officer decides more evidence is needed, they must suggest DNA testing as an optional form of evidence. The alert took effect the same day and applies to requests pending or filed on or after that date. Before this, the alert says, officers could suggest DNA only after both primary and secondary evidence had been found insufficient, and each part of the agency handled it differently.
The change reached the citizenship chapter of the USCIS Policy Manual (Volume 12, Part H, Chapter 2). That chapter now says USCIS “cannot require DNA test results” to verify a claimed genetic relationship, but that officers “must suggest that the applicant voluntarily submit DNA test results” when reliable primary evidence is not available and additional evidence is being requested. The Manual's chapter on evidence (Volume 1, Part E, Chapter 6) adds three details: the person who chooses to test pays all the costs, USCIS points them to a list of AABB-accredited laboratories, and the burden of proof stays with the person asking for the benefit.
This matters for a child born outside the United States to a U.S. citizen parent, because under the law USCIS applies (sections 301 and 309 of the Immigration and Nationality Act) such a child may be a citizen from birth if specific conditions are met. For a child born out of wedlock to a U.S. citizen father, the Policy Manual (Volume 12, Part H, Chapter 3) lists them: a blood relationship with the father established by “clear and convincing evidence”; paternity established before the child turns 18, by legitimation, by the father's written acknowledgment under oath, or by a court; the father's written agreement to support the child until age 18; and, for births on or after November 14, 1986, the father's physical presence in the United States for 5 years, at least 2 of them after age 14. The Manual treats a birth certificate recorded by a proper authority as primary evidence of the relationship.
The short this post comes from was about a news report from the spring of 2026: a 12-year-old in Alaska placed in removal proceedings while his attorney said he was a U.S. citizen through his father, with the dispute centered on proof and on a DNA test the father had not taken. We found no court decision or agency document about that case, so this post does not describe it further. It explains the rules a case like that turns on.
Who this is about
People born outside the United States who claim citizenship at birth through a U.S. citizen parent, and the parents who file for them. USCIS's N-600 page says the form is for someone who “was born abroad and [is] claiming U.S. citizenship at birth through [their] parents.” The same page says “The Certificate of Citizenship is an optional form” and that “A validly issued U.S. passport generally serves as evidence of your U.S. citizenship during its period of validity.” In other words, the certificate is proof of citizenship, not the source of it. If USCIS denies an N-600, the FAQ says the decision can be appealed on Form I-290B within 30 days; after that window, only a motion to reopen or reconsider is possible, not a new N-600.
What the sources do not say: they do not say a DNA test is required, and they do not say how any one case will be decided. The Supreme Court's June 30, 2026 decision in Trump v. Barbara, which often appears in the news next to stories like this one, answered a different question: whether children born in the United States to parents unlawfully or temporarily present are citizens at birth. The Court said they are. The opinion does not address children born abroad.
What it does not mean
- It does not mean USCIS can order a DNA test. The Policy Manual says USCIS “may suggest but not require the submission of DNA test results” and that “DNA collection is voluntary.”
- It does not mean DNA is the only evidence that counts. The Manual lists a timely registered birth certificate as primary evidence of a genetic relationship, and accepts secondary evidence when primary evidence does not exist or cannot be obtained.
- It does not mean a person without a Certificate of Citizenship is not a citizen. USCIS calls the certificate optional and says a valid U.S. passport generally serves as evidence.
- It does not mean the birthright-citizenship ruling changed anything for children born abroad. Trump v. Barbara is about children born in the United States.
What to do with this
If a family is wondering whether a child born abroad may have a claim to citizenship through a parent, or has received a request for evidence that mentions DNA, the person to ask is a licensed immigration attorney or a DOJ-accredited representative at a recognized nonprofit. Deadlines are part of the picture: the Policy Manual gives a maximum of 84 days to answer a request for evidence, and the N-600 FAQ gives 30 days to appeal a denial. The organizations below are a place to start.
Advocasí is not a law firm. We explain what a policy says and help people prepare their own paperwork once a qualified advisor has told them which path applies.