Family reunification

Family reunification is a recognized reason for immigration in many countries. The presence of one or more family members in a certain country, therefore, enables the rest of the family to immigrate to that country as well.

Family reunification laws try to balance the right of a family to live together, or the right of a person to marry whomever he chooses, with the country's right to control immigration. A sub-case of family reunification is marriage migration, where one spouse immigrates to the country of the other spouse. Marriage migration can take place before marriage, in which case it falls under its own special category, or it can take place after marriage, in which case it falls under family reunification laws.

In recent years there have been several cases of minors sent out on hazardous journeys in order to apply for political asylum status which, once granted, would enable the rest of the family to join them.

Family reunification in Europe

A major part of immigrants to Europe do so through family reunification laws. Both Denmark and the Netherlands have passed laws in recent years to limit people's ability to do so.

• Denmark - In case of marriage, Danish law requires both spouses to be at least 24 years old. This is known as the 24 year rule. Additionally, the couple's connection to Denmark must be stronger than to the country of origin, unless one spouse has lived in Denmark for more than 28 years.

• The Netherlands - In case of Marriage, Dutch law requires the Dutch spouse to be at least 21 years old, and to earn a salary of at least 120% the minimum wage. The non-Dutch spouse is required to pass integration exams at the Dutch embassy in their home country, showing a basic mastery of Dutch. Where a law case would take years and thousands of euros, the EU-rules of free movement give right to family life immediately without costs more than that of a identity card. Therefore, some Dutch people move to Belgium or Germany for at least six months, in order to be governed by the EU family unification rules instead of the Dutch family unification rules. This has become known as the "Belgian Route" or "EU Route".^[1]

• Germany - Since 2007, law requires each spouse to be at least 18 years old. The spouse living in Germany may not be dependant on social benefits and must possess adequate living space. The immigrating spouse needs to prove basic spoken and written knowledge of German language. The law applies to German and foreign citizens.

Family reunification in Canada

Under the Immigration and Refugee Protection Act and associated Regulations, a Canadian citizen or permanent resident of Canada aged at least 18 is allowed, subject to certain conditions, to sponsor specific members of their immediate family for permanent residence in Canada.

The eligible persons are the sponsor's spouse, common-law partner, or conjugal partner aged 16 and over, parents and grandparents, a dependent child of the sponsor, a child whom the sponsor intends to adopt, and orphaned brothers, sisters, nieces, or grandchildren under the age of 18 and who are not married or living in a common-law relationship. As an exception to the rules, if there are no eligible persons from the preceding list who may be sponsored and the sponsor has no relatives in Canada, the 'last-remaining family member' may be sponsored, but applications of this type are rare.

Family reunification in the United States

See also: Immigration to the United States and History of laws concerning immigration and naturalization in the United States

Family reunification in the United States is the primary criterion for immigration to the United States, and it is governed by the terms of the Immigration and Nationality Act, as amended.^[2] Historically, the emphasis on family reunification in American immigration law began in that 1965 act by allotting 74% of all new immigrants allowed into the United States to family reunification visas. Those included, in descending preference, unmarried adult children of U.S. citizens (20%), spouses and unmarried children of permanent resident aliens (20%), married children of U.S. citizens (10%), and brothers and sisters of U.S. citizens over age 21 (24%).^[3]

Citizens and permanent residents of the United States may sponsor relatives for immigration to the United States in a variety of ways. Citizens of any age may sponsor their heterosexual spouses and their children, but only citizens who have reached the age of 21 may sponsor siblings and parents. Permanent residents may only sponsor spouses and unmarried children. In all cases, the sponsor must demonstrate the capacity to support their relative financially at 125% of poverty level, and provide proof of the relationship. Immediate relatives of United States citizens (spouses, parents, and unmarried children under 21 years of age) are automatically eligible to immigrate upon approval of their application. All other people eligible to immigrate through a family member must wait for a place; a preference system governs the order at which these places become available. Citizens may only sponsor siblings, spouses, parents, and children. They cannot sponsor aunts, uncles, nieces, nephews, cousins, grandparents, or grandchildren, though in some cases such relations may enjoy derivative status. ^[4]

Immigration of parents

Under the Citizenship Clause of the Fourteenth Amendment to the United States Constitution, All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. While the Supreme Court has never explicitly ruled on whether children born in the United States to illegal immigrant parents are entitled to birthright citizenship via the Fourteenth Amendment,^[5], it has generally been assumed that they are.^[6]

Under existing law, parents of United States citizens may be sponsored for immigration by their adult citizen children (those at least 21 years of age) under certain conditions.^[4] The child must demonstrate the financial ability to provide for the parents.^[7] In addition to this under current law and USCS policy individuals who entered illegally (EWI or Entry without Inspection) may not adjust in the country. However, leaving the United States triggers a ban on entering the U.S. If the parent was present in the U.S. for only between 180–364 days, the parent will get a 3 year ban. However, as is more common if the parent was present for 365 days or more, the parent will get a ten year ban on entering the U.S. Unless, the parent is willing to live out the ban outside the country, the parent may not regularize their status through the child. Parents who enter legally will not have to leave the U.S. to adjust their status unless they entered on K visas or entered on J visas and did not obtain a waiver for the foreign-stay period^[8][9]

Having US-citizen minor children has been mischaracterized as being beneficial in deportation proceedings: such benefits do not exist except in the very rare case of extreme and profound hardship on the child. The number of such hardship waivers is capped at 5000 per year.^[10] Federal appellate courts have upheld the refusal by the Immigration and Naturalization Service to stay the deportation of illegal immigrants merely on the grounds that they have U.S.-citizen, minor children.^[11]

There are some 3.1 million United-States-citizen children with at least one illegal immigrant parent as of 2005; At least 13,000 American children had one or both parents deported in the years 2005-2007.^[12][13]

See also

• Asylum shopping
• Asylum seekers
• Chain migration

External links

• Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification
• Family Classes - Immigration and Refugee Protection Regulations

References

1. ^ België vindt Nederlands vreemdelingenbeleid te streng
2. ^ Immigration and Nationality Act, as retrieved from the United States Citizenship and Immigration Services website.
3. ^ Daniel J. Tichenor, Dividing Lines: The Politics of Immigration Control in America, (Princeton, NJ: Princeton University Press, 2002) 216.
4. ^ ^{a b} "Immigration through a Family Member". United States Citizenship and Immigration Services. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD. Retrieved 2008-08-19. 
5. ^ The Heritage Foundation (2005). The Heritage Guide to the Constitution. Washington, DC: Heritage Foundation. pp. 385–386. ISBN 159698001X. http://books.google.com/books?id=-_8N3UeXeesC&pg=PA385&vq=wong+kim+ark&dq=%22the+heritage+guide+to+the+constitution%22&sig=YrXqQZRCOTmvYgfEwxv7ZH7Uwlc. 
6. ^ Erler, Edward J; Thomas G West, John A Marini (2007). The Founders on Citizenship and Immigration: Principles and Challenges in America. Lanham, MD: Rowman & Littlefield. pp. 67. ISBN 074255855X. http://books.google.com/books?id=yTA0NyesVbcC&pg=PA67&vq=wong+kim+ark&dq=%22The+Founders+on+Citizenship+and+Immigration%22&sig=u1mgbto2nyHjAog9wxFCVlHwcSA. 
7. ^ Bring my parents to live in the US
8. ^ http://www.shusterman.com/aos-up.html
9. ^ http://www.shusterman.com/245aila.html
10. ^ "Five Questions on Immigration Reform". Federalist Society. 2006-05-02. http://www.fed-soc.org/publications/pubID.367/pub_detail.asp. Retrieved 2008-08-20. 
11. ^ Lee, Margaret (12 May 2006). "U.S. Citizenship of Persons Born in the United States to Alien Parents". Congressional Research Service Report for Congress. pp. 10,17. http://digital.library.unt.edu/govdocs/crs/data/2006/upl-meta-crs-9011/RL33079_2006May12.pdf?PHPSESSID=1ca373c497c7db6a81c7ca74a1445530.pdf. Retrieved 2008-08-16. 
12. ^ Preston, Julia (2007-11-17). "Immigration Quandary: A Mother Torn From Her Baby". New York Times. http://www.nytimes.com/2007/11/17/us/17citizen.html. Retrieved 2008-08-20. 
13. ^ Passel, Jeffrey (2006-03-07). "The Size and Characteristics of the Unauthorized Migrant Population in the US". Pew Hispanic Center. http://pewhispanic.org/files/reports/61.pdf. Retrieved 2008-08-20.