Defining Family in Immigration Law: Accounting for Non-Traditional Families in Citizenship by Descent

Abstract

This Note addresses the definition of family in the Immigration and Nationality Act (INA). The INA assumes a traditional view of the family, in which all parental roles lie with only two individuals. This assumption creates substantial problems when applied to non-traditional families in which parental roles may be split between many people. This Note proposes the adoption of a unified definition of family that is based on interpersonal, rather than biological, relationships. The proposed solution is consistent with existing provisions of the INA, is consistent with state family law, and provides an effective way of dealing with non-traditional families.

Keywords: Immigration, Citizenship, Family Law, Non-Traditional Families