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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.
4.8 out of 5 stars
5 out of 5 starsposted 1 month ago
I got to the US in early September on a tourist visa not knowing that in half a year I'd already become a green card holder (mid May). Giacomo Behar was remarkable every step of the way. I had my concerns throughout the process but, as a real pro, he knew exactly what to do and say to make the process go smoothly.
His office got my paperwork done in no time, and whenever a problem was about to pop up, he knew how to think outside of the box and get things done for me. He was also truly essential to the success of our Green Card interview.
My wife and I will forever be grateful to Giacomo and his office!
If you want to be in the ivy league and don't want to settle on an attorney - give his office a call. He will handle your case with the utmost professionalism. And the best part for me as an Israeli, he speaks fluent Hebrew and know exactly how to process cases for Israelis.
5 out of 5 starsposted 3 weeks ago
I was about to purchase a business and needed an immigration attorney to set up an LLC and apply for an E-2 Treaty Investor visa. Even though I have an MBA and am fluent in English, I still wanted an experienced lawyer who could speak my language, Turkish, and one who could truly understand me.
A friend of mine who has previously dealt with Mr. Behar and who was very happy with his services referred me to him. Mr. Behar saved my life and saved my case. Without him, myself and family would have not been able to settle in the USA and make my business thrive. Mr. Behar helped me from start to finish. He made himself available to me at all times- he would even respond to my emails on weekends and after midnight – literally within minutes of my email at 1 or 2 AM his time - there were many of those. I could never imagine that in the USA lawyers work so much and develop such relationships with clients as Mr. Behar did.
Mr. Behar and his assistant Agata, who also was always available even helped me with the Business Plan for the enterprise. The generic one provided by the franchisor was not nearly enough to satisfy the requirements of the US consulate. Mr. Behar was attentive, creative, magnanimous in all possible respects, throughout this incredibly productive experience. In fact, the application package was so well prepared, that I was personally complimented by the US consular officer in Istanbul, who thanked me for such a well-prepared comprehensive E-2 visa application package.
So, thank you Mr. Behar and Agata from the bottom of our hearts, for enabling us to enjoy our life in beautiful San Diego for many years to come. I will always be grateful for your generosity and help!
5 out of 5 starsposted 4 months ago
Grateful for his help on E-2 Visa through Vancouver
Giacomo helped me in obtaining my E-2 Work Visa from Canada to the US in the difficult area of the E-2 Visa known as the 'Essential Employee' classification (September 2015). He is very knowledgeable and accomplished the challenging task at hand with a flair for knowing the nuances of how border protection works and how to give them what they are needing to know. His stories of battles won are both highly entertaining and informative! They showcase how he adeptly and with joy, bends his skills in immigration law to suit your particular case, to get you into the US and on your way to your new life! Thanks again Giacomo!