The Zambrano case, which spanned from 1988 to 2002, revolved around undocumented individuals seeking government assistance but facing challenging regulations. Despite reaching the Supreme Court, the claims of the people involved were ultimately rejected. As a result of this case and similar ones, a new law was enacted to aid specific immigrants in obtaining permanent residency, provided they fulfiled certain criteria.
The Zambrano case, which spanned from 1988 to 2002, involved undocumented aliens who contested I.N.S. regulations that limited their access to government aid programs. Although the case reached the U.S. Supreme Court in 1993, the plaintiffs’ claims were ultimately dismissed due to jurisdictional issues and other obstacles. However, Zambrano, along with other immigration cases, led to the enactment of Section 1104 of the LIFE Act. This provision allowed certain immigrants involved in Zambrano and other specified class actions to qualify for permanent resident status if they met specific requirements. For instance, Maria, an undocumented immigrant, was unable to receive government aid for her children’s education due to I.N.S. regulations. To challenge these regulations and fight for her rights, she joined the Zambrano class action case. Maria’s situation exemplifies the problem that the Zambrano case aimed to address. Undocumented immigrants like Maria faced unfair restrictions in accessing government aid programs, and the case sought to challenge these regulations and expand eligibility for such programs.
The Zambrano case refers to a landmark European Court of Justice ruling that established the right of non-EU parents of EU citizen children to reside and work in the EU member state where their children reside.
Non-EU parents of EU citizen children who are dependent on their parents and would be forced to leave the EU if their parents were not allowed to reside and work in the EU member state.
You can apply for Zambrano rights by submitting an application to the immigration authorities of the EU member state where your EU citizen child resides.
You will typically need to provide proof of your relationship to the EU citizen child, evidence of the child’s dependency on you, and any other relevant documentation requested by the immigration authorities.
Yes, Zambrano rights allow you to reside and work in the EU member state where your EU citizen child resides.
Zambrano rights only apply to non-EU parents of EU citizen children, so they do not extend to non-EU spouses.
Zambrano rights can be revoked if the EU citizen child no longer resides in the EU member state, or if the child is no longer dependent on the non-EU parent.
Some EU member states may allow you to apply for permanent residency after a certain period of time residing in the country under Zambrano rights.
Zambrano rights only apply to the specific EU member state where your EU citizen child resides, so you may need to apply for a visa or residence permit to travel to other EU member states.
Zambrano rights do not automatically lead to citizenship, but some EU member states may have pathways to citizenship for individuals who have resided in the country for a certain period of time under Zambrano rights.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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