Gay family from Los Angeles has filed a lawsuit to the US State Department, demanding justice for their sons-twins. The fact that the boys were born in Canada, of which remains one of the spouses, despite the presence of his green card. In the birth certificates of both spouses kids — Andrew and Elad dvash-Bank — registered as the parents, but only one of their sons get U.S. citizenship «by birth». Second, the States have refused to recognize because the results of DNA analyses came to the conclusion that it is not connected genetically to a U.S. citizen.
«How would I explain it to him when he grows up?», — said the lawyers from Immigration Equality, the owner of a green card Elad. «This creates a problem out of something that shouldn’t be a problem at all.»
In the lawsuit, the couple accuses the Department of discrimination of their marriage and the actual creation of obstacles for family reunification. Moreover, the pair is outraged by the disclosure of genetic information about kids that they were going to keep secret.
The couple met in Israel 10 years ago. Was born and raised there Elad. In 2010, the couple entered into a legal marriage in Canada, and in 2016, after the birth of sons Ethan and Aiden had moved to Los Angeles, closer to her parents Andrew, which could help in the upbringing of children.
That a US citizen got only one pair of twins, they learned at the U.S. Consulate in Toronto, where previously they were asked to undergo a series of tests, including DNA analysis.
Holding the citizenship of the baby is now in the United States with full rights, and his twin brother can enter the country only with a tourist visa, since his biological father is a «non-citizen» Elad. The validity of the visa expired in December 2017 and currently parents are trying to re-apply for its renewal.
«The state Department refuses to recognize the citizenship of children whose parents are same-sex couples. This policy is not only illegal but unconstitutional,» the statement said Aaron Morris, the couple’s lawyer and the Executive Director of Immigration Equality.
The state Department has not commented on the situation, waiting for the upcoming trial. Brief explanation the Agency States: «if the child has no biological connection to a U.S. citizen, the child is not a U.S. citizen at birth,» regardless of local laws that can accept a couple of legitimate parents.
