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By:
Commentary, Atty. Michael Gurfinkel | |||||||||
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Aug,19-2015 09:12:23
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In his column for Filipino-American weekly newspaper Asian Journal, immigration lawyer Michael Gurfinkel writes about a recent court decision that exposed the double standard used at play when an unmarried father or mother is passing on their U.S. citizneshp to a child. The U.S. Second Circuit Court of Appeals recently ruled that an out-of-wedlock child's Constitutional equal protection rights to derive US citizenship at birth were violated when the law had much tougher requirements for children of U.S.- citizen fathers than the requirements for children of U.S.-citizen mothers. Gurfinkel explains that under U.S. immigration law, an out-of-wedlock child, born outside the United States, could derive "instant" U.S. citizenship from his or her U.S.-citizen mother or father, provided certain conditions are met. If the child's mother was a U.S. citizen at the time of the child's birth, the mother had to live in the United States (or one of its outlying possessions, such as the Philippines before 1946) for at least one year at some point before the child's birth, Gurfinkel writes. However, if the child's father was a U.S. citizen at the time of the child's birth, the father must have lived in the United States (or one of its outlying possessions) prior to the child's birth, for a total period of 10 years, with at least five of those years occurring after the father's 14th birthday. Therefore, no 18-year-old U.S. citizen father could ever pass U.S. citizenship to his out of wedlock child, according to Gurfinkel. Read more | |||||||||
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Source:
Asian Journal
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