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Allison is a U.S. citizen who is married to Stefania, an Italian citizen.
Allison was living in New York City when she met Stefania, who was there on vacation. The two stayed in touch after Stefania went back to Italy and visited each other as much as they could. Though they wanted to live together in the U.S., Allison could not sponsor Stefania for a visa because of the Defense of Marriage Act (which was struck down in 2015 by the Supreme Court in Obergefell v. Hodges). So the two women moved to London and built a life there, including getting married and having two sons, Lucas and Massi.
Because Allison was born and raised in the United States, she is able to pass her citizenship on to her children even though they were born abroad. However, the State Department refused to recognize the validity of Allison’s marriage. Thereafter, it construed Massi as being Allison’s son because she had given him birth. However, it denied that Lucas, who was carried by Stefania, was her son. In fact, in denying that Lucas was a citizen the State Department explicitly advised the couple that it was using a policy applying solely to unwed mothers.
Immigration Equality wrote to the State Department to advise it of its mistake and to request reconsideration of its incorrect determination in Lucas’s case, but the State Department refused to acknowledge Lucas’s citizenship and Allison and Stefania’s marriage. So, in January 2018, Immigration Equality filed a lawsuit against the State Department.
The State Department has responded to our lawsuits by opposing our demand that it acknowledge Lucas’ citizenship. In fact, it won’t even acknowledge that Allison and Stefania are married, and has moved to dismiss the case! This is plain wrong. We will continue to fight for this families until we win.
Read the complaint filed on behalf of Allison and Lucas: LINK
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