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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 had a consultation with Mr. Behar over complex issues in my situation and it was very instructive and helpful. During the consultation Mr. Behar came with a very smart and creative step by step strategy for me to be able legally remain in the US and achieve my plan. I would suggest anyone to invest in 40 minutes consultation with Mr. Behar the best immigration Attorney!
5 out of 5 starsposted 4 months ago
I'm grateful and amazed by the hard work Giacomo put into my case. I was always well informed with every stage during the process and Giacomo always made me feel like part of the family while working with me. If you guys are looking for a great lawyer, do yourself a favor and consult with Giacomo! He has excellent knowledge and works with passion and genuinely cares for the client. Both my wife and I have hired Giacomo for separate immigration based requirements and had an excellent service each time.
I highly recommend him and wishing you all the best =)
5 out of 5 starsposted 7 months ago
Attorney Giacomo Behar is the best!
Mr. Giacomo has wealth of knowledge on immigration matters. Mr.
Giacomo is well familiar with international laws that is an asset to
resolve the immigration problems due to complicated laws in other countries. Mr. Giacomo is fluent in many languages. Mr. Giacomo considers his client's case with personal interest. His staff is excellent and the communication is very quick.
Attorney Giacomo presented my case to immigration officer with true professionalism. Mr. Giacomo is not only an immigration legal expert but also with social skills that made me feel relaxed during the interview. I highly recommend Mr. Giacomo Behar for any immigration matters.