Saturday, November 1, 2008

The Aunt Status

I read somewhere that all Obama had to do was file a Form I-130 for his aunt. Unfortunately, this isn't accurate.

The U.S. Citizen and Immigration Services has a process to get legal status for family members of citizens.

Here's the overview:

A lawful permanent resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on the fact that you have a relative who is a citizen of the United States, or a relative who is a lawful permanent resident, you must go through a multi-step process.
The problem is that the consanguinity is tight:
  • Husband or wife
  • Unmarried child under 21 years of age
  • Unmarried son or daughter over 21
  • Married son or daughter of any age
  • Brother or sister, if the sponsor is at least 21 years old, or
  • Parent, if the sponsor is at least 21 years old.
No aunts, uncles, cousins, etc. Could he get a waiver and thereby expand the pool? Perhaps. If anyone can get a waiver in this country, it is a US Senator. And just read the book Ayers ghost-wrote to learn of the close relationship between him and his aunt.

I suggest, however, that the larger problem is this language: "If the sponsor is a U.S. Citizen ..." and "If the sponsor is a lawful permanent resident ..."

Seems Obama would have to prove his own status before he could petition for a change in someone else's status.

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