Twin boys Ethan and Aiden Dvash-Banks were born 4 minutes apart, but according to the U.S. government, only one of them is a U.S. citizen.

The unique case has forced the boys' parents, same-sex couple Andrew and Elad Dvash-Banks, to sue the U.S. State Department.

The twins were born in Canada in 2016. Despite being carried by the same surrogate, Aiden was conceived with sperm from Andrew, a U.S. citizen; Ethan was conceived with sperm from Elad, an Israeli citizen with a U.S. green card. When the couple went to a U.S. consulate in Canada to get passports for their sons, they were told that, despite both being recognized as the boys' legal parents, they could only get citizenship for Aiden because his biological father is a U.S. citizen.

Elad said that the U.S. government is discriminating against them because they are gay - he claims that if they were a heterosexual couple who had children abroad, the source of their boys' DNA would never have come into question.

"We want the courts to recognize the fact that Ethan is a U.S. born citizen because he's the son of a U.S. citizen and we want to make this right for Ethan, but we also want to make this right for any other family in our situation that will have to go through this in the future. We're fighting for our community and our family," said Elad.

The Dvash-Banks brought their sons into the U.S. last June - Aiden with a U.S. passport and Ethan with a six-month tourist visa. With that visa now expired, 16-month old Ethan is technically an undocumented immigrant. Elad hopes that they'll be able to change that soon.

"If one of my kids wants to become the U.S. president, I want to be able to tell him you can do that. You can become U.S. president because you are a U.S. citizen at birth. If I'm able to tell that to Aiden, I want to be able to tell that to Ethan in the exact same way because they're not different in any way whatsoever."