Tuesday, January 9, 2018
This one comes from Above the Law's year-in-review: That Awkward Moment When Your Twin Brother Is A U.S. Citizen At Birth, But You’re Not.
A male same-sex couple married and decided to have kids. One dad is a dual U.S./Canadian citizen. The other dad is an Israeli citizen. They lived together in Canada and welcomed twin boys, born through assisted reproductive technology. Canada recognized both dads as the boys' legal parents.
Then the family decided to move to the United States. Since one dad was a U.S. citizen, they thought it would be easy to gain U.S. citizenship for both sons. The government asked for a DNA test to prove the children's biological relationship to the U.S. citizen father. Here's the thing - only one twin is biologically related to him. As a result, the non-biologically-related twin is currently present in the U.S. on a visitor's visa. (They have hired counsel and are working on a more permanent solution.)
Talk about a real-o-thetical to foster in-class discussion on family-based migration!