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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.
4.7 out of 5 stars
5 out of 5 starsposted 2 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!
5 out of 5 starsposted 2 months ago
Giacomo was exceptionally helpful with our case. Updating us always in a timely fashion whenever necessary, and even meeting us on Sundays. Our schedule was tough to work around with us both working full time jobs and living 2 hours from both of his offices. Hiring Giacomo proved to be most rewarding when our case took a strange turn that was unexpected and we were victim to the system. Giacomo helped us through, used his extensive knowledge and resources to help us not only save money but obtain my husband's green card after being denied for no fault of ours. I would highly recommend his services to anyone, and will continue to be forever grateful for him and his work!
5 out of 5 starsposted 1 month ago
A big thanks to Mr. Behar, or Giacomo as he likes to be called.
Filling forms, filing forms, paying fees, etc, all that is easy. Obtaining the waiver of the two-year home residency requirement for my wife, and wait, the approval of a super complicated green card petition all the way in Ankara, Turkey, that was magical, stuff of fairy tales. The alternative would’ve been a ridiculous delay, and a hardship in my wife and first-born son fulfilling my dream of a happy family in our home in the US. For that I am very thankful.
Giacomo is a solid attorney. And a nice guy too. I hope whoever is reading this will experience the same good fortune as my family did.