The U.S. Supreme Court upheld an immigration law that favors mothers of immigrant children over fathers. They Justices were evenly split, 4-4, over the ruling.
The law allows a child of a mother, who is an American citizen, and foreign-born father to gain citizenship if their mother resided in the U.S. for at least one year before the child was born. For the father, the law is different. Children with a father, who is an American citizen and a foreign mother, can only be recognized as a citizen if their father resided in the U.S. ten years prior to the birth of the child. According to the law, a man can only claim residency five years after they turn 14. The gender-biased law was originally enacted in 1940. An immigration lawyer can tell a person if they meet residency requirement for naturalization.
The suit was filed by Ruben Flores-Villa, who is facing deportation for accused criminal activity, with the help of the American Civil Liberties Union. Flores-Villa’s father was sixteen at the time of his birth and therefore couldn’t pass on his citizenship to his son, even though he was brought to the U.S as an infant.
Gaining U.S. citizenship is a process best guided by an immigration attorney. The laws can be confusing and many times a person is denied citizenship. An immigration lawyer has the knowledge necessary to assure the immigrant has a better chance of becoming a naturalized citizen.
