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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 100052
Experience:  Private practice in several areas, including immigration
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I HAVE MY NEPHEW HERE FROM PALASTINE AND HE CARRY THE

Customer Question

I HAVE MY NEPHEW HERE FROM PALASTINE AND HE CARRY THE PALASTINIAN PASPORT AND CHILI PASPORT. HE IS HERE ON A WAIVER VISA PROGRAM WITH ALL THE KILLING THAT IS GOING ON IN PALASTINE AS YOU MAY HEAR FROM MEDIA. HE WOULD LIKE TO STAY IN THIS COUNTRY. WHAT CAN HE DO
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

-Is your nephew Christian? Shiite? Atheist? Agonstic? Homosexual?

-Is he from the West Bank or Gaza?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
He is Christian and from Beit Sahour west bank
Expert:  Ely replied 1 year ago.

Thank you. Last question. Does he live in the West Bank, or, Chili?

Customer: replied 1 year ago.
West Bank he never went to chili and does not speak Spanish he got the chili citizenship through his grandfather.
Expert:  Ely replied 1 year ago.

Thank you. Oops, I just noticed I spelled Chile as "Chili" earlier.

Technically, he can apply for asylum if he can show that the government is discriminating against him based on his religion. USCIS allows to file for asylum based on the following:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

Christian individuals in Palestinian territories have had a history of discrimination and he technically can attempt to argue this.

However, the problem is that he does have Chilean citizenship. Even if he has never lived there, USCIS may take the position that he can always go to Chile to avoid prosecution. In this case, it would be on a case by case basis.

He can certainty make the claim. It may take months for the paperwork to be processed and even more time for a decision to be made. Once it is, he can appeal it several times, buying himself more time.

So someone in his situation may wish to consider requesting asylum. See HERE:

http://www.uscis.gov/i-589

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
If he files for delegitimization or political asylum can he work in the time being in the us until a decision is made. Also how much it will cost to do so and what is his chances
Expert:  Ely replied 1 year ago.

He can request work authorization 180 days after the asylum application has been filed.

The application is free of charge.

However, I am sorry to say that I cannot predict his chances, for asylum claims are on a case by case basis.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
can we talk by phone
Expert:  Ely replied 1 year ago.

Please see the "Offer proposed."

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