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We have to look at the U.S. Immigration laws to determine who should seek asylum and who should seek refugee status. According to Giacomo Behar, an immigration lawyer and an immigrant himself, it’s simply a matter of where you are and when you apply. Are you on American soil, or are you somewhere else?
“Somebody who’s outside the United States cannot request asylee status. To request asylee status, you have to be physically present in the United States.”
And what about refugee status?
“You’re a refugee when you’re outside the United States – say you’re in Somalia, you’re a Christian and you’re being persecuted by a some Islamist.”
To qualify for either, you must show two things. You’re unable or unwilling to return to your home country because you’ve been persecuted. Behar states the second thing is:
“Persecution by the state, a government or by groups that the government is either unwilling or unable to control.”
That brings us to Texas and Murietta; what is the status of this flood of immigrants that produced this crisis? They don’t seem to fit either criteria for refugee status or asylum. These kids fall, in reality, nowhere. They are not refugees, and there are strict standards for asylum. You have to ask for asylum on political grounds, past persecution, or fear of future persecution or one of five other protected grounds.
Under current laws, when immigrants arrive on American soil, they cannot be simply put on a plane and sent back to their home country. Most will stay in the United States for at least a year and a half before they’re brought before a judge to determine their status. Since many are children, they will go to the head of the line because the court backlog today is 360,000 cases. Past history says over 90% will fail to show up in court. Behar believes none of this could have been achieved without Mexican authorities cooperating with whoever is responsible for this sudden wave of immigrants.
4.9 out of 5 stars
5 out of 5 starsposted 2 weeks ago
BEST IMMIGRATION LAWYER ONE COULD HAVE!
Giacomo Behar helped me with my marriage-based petition he gave a solution when our Immigration Situation was about to change. I really want to thank Mr. Behar for all his great work, if it wasn’t for him I wouldn’t have my green card. There are no words to thank him and tell you what a great attorney he is and is worth to mention his staff members are always there for me to answer always with a quick response.
5 out of 5 starsposted 1 month ago
Best Immigration Attorney in California!
My situation was impossible, however with Mr Behar’s help and waiver I have been granted a visa again and I’m coming back to the USA again!
I am very happy with his services; he and his staff were always available when I had questions.
I highly recommend Giacomo Behar as an immigration attorney who is up to speed with all government changes in immigration law.
5 out of 5 starsposted 1 month ago
Best Immigration Lawyer Ever!
My employer’s Labors Certification Application was already denied and the situation was hopeless. Mr. Behar intervened and after many efforts was able to resuscitate the Labor Certification Application.
The employer received an audit from DOL Mr. Behar again successfully intervened and the Labor Certificate was successfully granted.
Mr. Behar is not only an excellent lawyer but a Miracle Worker!
Mr. Behar's proficiency in the Spanish language help me since I am from Mexico, I recommend Mr. Behar and his team from the bottom of my heart.