Court allows Obama’s Kenyan uncle to stay in the US

In this file picture taken on February 4, 2010 US President Barack Obama's paternal aunt, Zeituni Onyango (centre), is escorted from the John F. Kennedy Federal Building after a hearing on her plea to remain in the United States. Onyango "Omar" Obama, an uncle to US President Barack Obama, has been allowed to stay in the country by an immigration court during a deportation hearing on Tuesday. Photo/AFP

Onyango "Omar" Obama, an uncle of US President Barack Obama, has been allowed to stay in the country by an immigration court during a deportation hearing on Tuesday.

US Immigration Judge Leonard Shapiro allowed Onyango, 69, to stay in the US and avoid deportation to Kenya saying that he meets the criteria for obtaining a Green Card.

The judge in his ruling said he believed Mr Onyango was a gentleman, a good neighbour and dutifully paid his taxes.

Judge Shapiro said that he was applying a law that entitles immigrants who are “out of status” to become permanent residents if they arrived in the US before 1972, maintained continuous residence and are of good moral character.

Mr Onyango has been living in the US for the last 50 years having arrived in the country in 1963. He had been ordered deported in 1992 but defied the order and remained in the country.

ARRESTED FOR DRUNKEN DRIVING

He remained undetected until he was arrested for drunken driving in 2011 in the city of Framingham just west of Boston.

After the arrest, his immigration status became public with details of his deportation orders surfacing.

He was arraigned in court for the drunken driving arrest but a judge continued the case for one year without a finding, saying the charge would be dismissed if Onyango did not get arrested again during that time; a programme he successfully completed.

When asked in the immigration court if he had family in the US, Onyango said, "I do have a nephew. Barack Obama, he's the President of the United States."

Mr Onyango is now eligible to apply for permanent residence which will grant him the right to legally work in the US and travel outside the country.

In May 2010, Onyango’s sister Zeituni Onyango was granted asylum in the US after claiming that she would be in danger if she was deported to Kenya.

Ms Onyango came to the US in 2000 and had earlier sought asylum in 2004 but was ordered out of the country by Judge Shapiro.

Ms Onyango, however, did not leave and stayed in hiding living in government-owned housing units which are normally made available to legal US residents and citizens who are low-income individuals and families at no cost or for nominal rental rates.
OBLIGATION TO GRANT CITIZENSHIP
Shortly after her second application for asylum was granted, she made headlines by saying that the US had an obligation to grant her citizenship since she was an immigrant.

“If I come as an immigrant, you have the obligation to make me a citizen,” she told Boston TV station WBZ-TV.

Though both Zeituni Onyango and her brother can stay legally in the US and travel in and out of the country, Ms Onyango cannot travel to Kenya as the basis for her asylum was that it was risky for her being in the country.