CHAPTER 5 & 6 RESEARCH QUESTIONS
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Apr 3, 2024
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Sharaf is an Iranian national. He is Baha’i, a minority religion in a country where Islam is dominant.
Sharaf could not apply for any government jobs nor obtain a business license, all because of his religion.
Private employers would not hire him, and as a result, he remained unemployed for long stretches of time.
Sharaf’s children could not attend the local public school because of their religion and his non-Baha’i
neighbors often harassed his family. Because of the difficulty finding employment, the family was very
poor and found it almost impossible to earn a living.
1.
Is Sharaf merely a victim of discrimination and harassment or would his situation rise to the
level of persecution?
-
Sharaf is merely a victim of discrimination and harassment. Unfortunately, this is one of
the harmful acts that do not rise to the level of persecution. In fact, the United States
Supreme Court of Appeal for the third Circuit in Lukwago V. Ashcroft,
329 F.3d 157,
167-168 (3d Cir.2003), noted that “persecution does not encompass all treatment that
our society regards as unfair, unjust, or even unlawful or unconstitutional.” Some acts
that do not constitute persecution include the following: Discrimination, Harassment,
Prosecution, Conscription, Civil War.
Chapter 6 (15)
Case for Discussion 6.2
Edward, a U.S. citizen, and his girlfriend, Ana, from El Salvador, have been dating for nine months. They
love each other and have decided they will marry one day. Ana obtains a visa to visit the United States so
that she can meet Edward’s family and friends. She realizes that life here is easier than she is used to in
her country and decides she does not wish to return, mainly because she has a tendency to be jealous and
has become suspicious about some of Edward’s female friends that he has known since childhood. She
persuades Edward that they should marry while she is visiting so that she will not have to return home.
She wants to be certain that Edward’s eye will not stray.
1.
Will the couple violate immigration rules if they marry and apply for Ana to remain in the United
States? Explain your answer.
-
Those who have not maintained legal status and are married to LPRs, however, cannot adjust
status here while in the US and must do so at a consular office abroad. By the couple doing so,
they will be violating immigration rules.
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