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Useful information for asylum seekers and refugees in Argentina

Refugees: definition

A refugee is an individual who has left their native country (country of origin) as a result of realistic fears of persecution based on their religion, race, nationality, association with a specific social group or political organization or ideology. At the same time, this person should be unable, or as a result of these fears and threats, to go back to their country of origin.

In addition, refugees are individuals who have fled their native country because their freedom, safety and/or lives have been put at risk by an armed conflict, large-scale violence, mass human rights violations or specific conditions that have affected the public order in a very negative way.

On the other hand, asylum seekers are individuals that have requested to be recognized as refugees before the CONARE (National Commission for Refugees) and have a pending application.

Keep in mind that individuals who are looking for better economic perspectives or chances outside their countries, but were not forced to leave their country of origin for any of the reasons listed before are not refugees and their applications must be checked by the migration authorities.

Applying for a refugee status in Argentina

The CONARE (National Commission for Refugees) was established with the Refugee Law No. 26,165 also known as a General Law for the Recognition and Protection of Refugees. This is actually a state agency that includes representatives of a few ministries, the UN High Commissioner for Refugees also known as UNHCR as well as a non-government, non-profit organization.

Every asylum application is processed by the CONARE and this agency is responsible for protecting the rights of refugees, including proper integration of asylum seekers and refugees in Argentina.

Even though the proceedings before this agency are usually free, it’s highly recommended to use expert Argentina asylum lawyer and/or Argentina immigration attorney options like KIER JOFFE.

Applying for refugee status in Argentina: A step by step guide

  1. What does the law predict for refugee status applications

Every non-Argentinean citizen can submit an application in writing or verbally in the capital city of Argentina – Buenos Aires and in local designated offices throughout the country. These offices include the Executive Secretariat of the CONARE based in Buenos Aires, offices, and migration delegations of the DNM (National Migration Office), the border migratory authority after arriving in Argentina and other municipal, provincial and national authorities.

Don’t forget that:

– It’s not possible to submit an application for refugee status when you are not physically present in Argentina.

– This application must be made in Argentina or at the border.

– The legal process can be started or managed at DNM Delegation that’s closest to your native country.

– Any information you provide will be kept secret and won’t be shared with the authorities of your country.

– Unaccompanied minors (under 18) will get a tutor.

– You can get a lawyer free of charge. To get assistance like this, you will have to call the National Office of the Public Defender where you will get the necessary assistance. They will help you out with the entire procedure and explain the legal moves that can help you get the desired status.

2. An introduction to the procedure for refugee status application

When you want to start this application process, you will have to take these predetermined steps:

– Complete the form that will be given to you by the authorities.

– Provide a document that confirms your identity (passport, ID, or another similar document) or information that can confirm your personal case. In case you are unable to provide information like this or a personal document, then you will have to explain why.

– After that, you will have one or more interviews conducted by an Executive Secretariat of the CONARE officer. They will try to understand your reasons for leaving your country of origin. The interviews are conducted in your native language.

– Inform your actual place where you live and set a legal domicile. This is the place where you will get all the summons, notices and/or official communication.

– While this procedure is still on, you will have to provide updates on your domicile if there are any changes.

Keep in mind that:

– Applicants have the right to seek help from an interpreter or translator for free in case you don’t know Spanish.

– In case your showcase authentic motives, you can ask for a gender-specific officer to conduct the interview.

– As an applicant, you have to provide any information and documentation you possess to support your claims that you had to leave your country of origin.

– Every applicant has the right to free legal representation. If you want to use this opportunity, you should contact the National Office of the Public Defender. They will help you with this procedure. You can also hire an experienced Argentina immigration attorney. At KIER JOFFE, we will be glad to help you out.

– Applicants are also free to ask for orientation related to potential social welfare.

3.Temporary documentation

In 20 working days or less, from the moment you submit your application for refugee status to the CONARE, you will get a certificate that confirms your status as an applicant and your legal residence in Argentina.

With the help of this document, you will be able to move to Argentina without any restrictions. You will also have the right to get accommodation at boarding houses and hotels, establish a domicile, get access to education and public health organizations and services and work too. Don’t forget that the public authorities have the right to request this certificate from you at any time and you must show it. However, only the representatives of the Secretariat of the CONARE can withhold you in case you are unable to provide this certificate.

Remember that the certificate will let you work legally and all the labor laws in the country will apply to you too (all the rights and obligations). It is possible for the holders of this certificate to request and get a unique labor identification code (in the Spanish language: CUIT/CUIL). For free. This code is issued by the Argentine State via National Social Security Administration or ANSES.

Another thing that you should not forget is that in order to keep this temporary certificate, you will have to renew it every 90 days. So, in case you want to keep the certificate valid and you want to avoid problems with your migration status, you have to renew it in person prior to the expiry date. You have to do this continuously until you get a final decision about your status. Holders can renew the temporary certificate in two ways. First of all,  they can use the Executive Secretariat of the CONARE in the capital city of Buenos Aires. Second, they can use any DNM migration office or delegation close to your residence.

Finally, it’s important to remember that this temporary certificate and any other temporary documentation for asylum seekers is not a travel document that allows you to leave Argentina. In case you want to leave Argentina for a short period of time once you’ve submitted the documentation, you must provide valid travel documentation. When you want to come back, you may have to provide a consular visa issued by your native country.

In any case, if you want to travel out of Argentina while your application is being processed, you must contact the Executive Secretariat of the CONARE. You must provide an explanation why you want to leave and when will you go outside and come back.

4. Asylum application grating or rejection

In case the refugee status is granted you will get a certificate that you must use to process the temporary residence that you have in Argentina before the DNM. When you get the temporary residence, you may trigger the legal procedure for getting the DNI (National Identity Document) for foreigners. These legal proceedings are completely free.

In case the refugee status is denied, you can appeal the decision. To be more precise you can request a review and submit it to the Minister of Interior in the form of a written petition that you will have to file before the CONARE. You have to do this in less than ten working days of the decision.

This request for review has to be justified. This means that you should explain the reasons why you believe that the decision made by the CONARE is not right and why you should get another chance. In case the Minister of the Interior rejects the appeal, you will have a chance to get a judicial review of the resolution if requested. In this case, you will have to hire an Argentina asylum lawyer. KIER JOFFE will be more than glad to help you out in situations like this.

If the negative decision is final, you will have to wait for the migratory authorities to reveal your legal status and residence in Argentina.

Don’t forget that:

– Applying for a refugee status in Argentina does not interfere with your right to apply for residence before the DNM (National Migration Office). Of course, you can do this only if you have met the rest of the requirements.

– The CONARE doesn’t have a specific period of time in which they should make a decision on your case. They are trying to solve any case within a reasonable period of time. Of course, the timing is closely related to the documentation and information you’ll provide.

Analyzing the rights and obligations of asylum seekers and refugees

Rights

– The refugees and asylum seekers have the right to stay and move freely in Argentina as they please.

– They can’t be extradited, expelled or refouled to their country of origin or in any country where their integrity, life, safety and/or freedom may be put at risk.

– They have the right to access education and public health organizations and use their services. They can also work legally in Argentina.

– The refugees and asylum seekers have the right to reunite with their family in case they get refugee status too.

– They can’t be discriminated against for any reason including nationality, gender, sexual orientation, skin color, political opinions, religious affiliation, social status etc.

– They have the right to practice their faith/religion without any restrictions.

Obligations

– Refugees and asylum seekers must respect the municipal, provincial and national laws in Argentina.

– They must respect the private and public organizations, entities and people.

– They must keep their addresses updated and renew their temporary certificate.

– They must always tell the truth to the authorities and present the facts that make their application reasonable.

– Refugees and asylum seekers must inform the Executive Secretariat of the CONARE of their plans to travel abroad, provide travel dates and good reasons.

Refugees and asylum seekers in Argentina can go through this process (most of it) without any professional help. However, if you want to speed up things and make sure that you will maximize your chances of getting the status that you want in Argentina, our advice is to use professional Argentina immigration attorney. KIER JOFFE is a law office focused on immigration, asylum, and refugee cases. We have the necessary experience, knowledge, and resources to help you out. Don’t hesitate to call us at any time!

How Can an Argentina Asylum Lawyer Help You?

Every year, dozens of people are going to Argentina and filing asylum requests. In case you are planning on entering Argentina and you want to seek asylum here, you must know that you have a short period of time to start this process. Similar to other countries, Argentinean authorities are allowing people to seek asylum only in case they have a real reason to be afraid to go back to their home countries. In case you think that you will be persecuted and punished for your race, ethnicity, beliefs or political views, you can seek asylum in Argentina.

Keep in mind that once you apply for asylum it takes a certain period of time filled with trials and tribulations before a decision is made. However, if you have an Argentina asylum lawyer like Kier Joffe attorneys on your side, they will make sure that all the difficult work and any problems in this process are managed in a professional way. Our lawyers will also help you will all the technicalities that are part of the process. If you are still not convinced that you need an Argentina asylum lawyer, we will explain how our attorneys can help you in details.

What are asylum lawyers in Argentina good for?

First of all, Kier Joffe lawyers will help you fill the asylum form. Next, they will help you prepare an in-depth affidavit. It is necessary for the applicant to provide all the documents they have with them that may show that they have a strong case. The attorney you hire will help you with these things too. In case you’ve got some newspaper posts and articles that have covered your story, you should provide them too.

The best Buenos Aires asylum attorney will also help you organize copies of medical copies that you may have that can contribute positively to your case. In case you don’t have personal records of this kind, the asylum lawyer will help you get other kinds of proof. Once these documents are submitted to the immigration offices, you will get an interview. This is another area where the lawyer can help – they are preparing people for these interviews. According to the Argentinean law, asylum seekers are allowed to go to the appointment/interview with their asylum lawyers.

In case the claim is denied, the case is sent to the immigration court. Needless to say, a good asylum lawyer will help you in this situation too. They can re-organize the proofs and look for other proofs that may help your case.

As you can see, hiring a professional asylum lawyer in Argentina is a smart thing to do regardless of your situation as an asylum seeker. Kier Joffe attorneys have the necessary experience, knowledge, and tools to help you win this case. Of course, no one can guarantee that you will get approved, but with their help, you will increase the chances.

Whenever you need legal services like this in Argentina, feel free to contact Kier Joffe law office.

Getting and Applying for Permanent Residency in Argentina

What you’ll need for applying for permanent residency in Argentina

These are the persons who can apply for permanent residency in the Argentine Republic:

  1. Parent/s of a child born in the country or a naturalized citizen who is still not an adult (younger than 18 years)
  2. Spouse of an Argentine citizen, be it native or naturalized.
  3. Child of an Argentine native or naturalized Argentine citizen.
  4. Parent of a permanent resident of Argentina
  5. Spouse of a permanent resident of Argentina
  6. Student
  7. Pensioner
  8. Financier
  9. Business person/entrepreneur
  10. An immigrant with a certain amount of capital (investment needed)
  11. Staff working for an Argentinean company with a contract
  12. Owner of a non-Argentinean company

 

Paperwork related to permanent residency application

 

The following is a list of documents that every person who wants to apply for permanent residency in Argentina must provide:

A birth certificate from your country of origin (not a hospital copy). Keep in mind that you have to provide an apostilled certificate, translated by a certified translator and verified by a certified translator in Argentina.

Passport. Make a hardcopy of every page, even the blank pages in the passport. In case the passport is not biometric, you will have to translate it. Carry the original passport with you when submitting the application.

A record check from FBI or corresponding national agency (only for applicants older than 16 years). This record check must be apostilled and not older than six months. Translate it in the same way as the birth certificate. Province, regional or state criminal check is not acceptable.

 

Antecedentes Penales or Argentinean criminal record check for persons that are 16 years old or older. Visit the federal police and explain the situation. You will get fingerprinted and after that, you’ll have to download payment coupons from the official immigration site. Use these downloadable coupons in the Banco National to pay the fee. Deliver this packet with the coupons inside to the address highlighted in the forms.

– In case you are applying via “family status” due to the fact that you are married to an Argentine national or you have a child (under 18 and not married) who was born in Argentina, you’ll have to submit the spouse’s/child’s DNI (national identity document) and copies of every page in this document. Bring the original documents with you.

– In case you are applying because you have a child born in this country, you’ll have to provide a copy of the birth certificate of the child and the original document too. In case you are applying because you are married to an Argentinean citizen, take the original marriage certificate and a copy of it.

Photographs. Remember that passport photographs are inadequate because they are large. The photos used in DNI are smaller. In addition, they require a small turn of the head. You can take photos like this in professional photo shops in Argentina. Ask them to take DNI photos. Bring two photographs like this with you.

– Once you submit all the documents and papers and get a confirmation that everything is fine, the authorities will give you payment coupons. Head to the Banco Nacional and pay the fee (600 ARS). Get back to the office with the coupons right away and give these coupons to the immigration officer.

– An invoice of a public service with your name on it or a certificate of domicile. In case you don’t have any utility bills with your name on them, you should get a certificate of domicile from the nearest police station.

 

When you finish these formalities, you will get a CERTIFICADO DE RESIDENCIA PRECARIA (A certificate for permanent residency). Thanks to this certificate you will get a wide range of rights including:

– The right to be paid for work legally

– The right to obtain housing

– The right to study legally

– The right to exit and enter Argentina with this document

Keep in mind that CERTIFICADO DE RESIDENCIA PRECARIA is not the same thing as DNI. In addition, you can’t get a DNI with this document. This certificate gives you the abovementioned rights. At the same time, the authorities are processing the request for permanent residency. The document lasts for 6 months. Before the document expires, go to the nearest immigration office and ask for a renewal. In some cases, the local military base (Gendarmeria) has officers like this.

There is an official government site where individuals can check the status of their request. But, this website is not updated regularly.

Getting and applying for permanent residency in Argentina: a few useful tips

 

– De-stress. There is no doubt that this can be a stressful process, but there is no need for that. Sit back and relax and think about other things. The Argentinean authorities are not the fastest ones and there is nothing that you can do to speed up the process. Find a way to de-stress and relax.

– Ask for help. In some cases, your Argentinean friends can help you with this process, but it’s a better idea to look for professional help. The best option is to hire an experienced immigration lawyer in Argentina like Kier Joffe. These professionals know the laws and regulations and they can do their best to accelerate this process and get you a permanent residency without any hassles.

–  Prepare yourself. In case you didn’t provide one document, this mistake can slow down the process of application. In some cases, it can take weeks to get that document and some of the existing documents may expire. Double check the documents and obtain them as soon as possible.

– Stay informed. Once you submit the paperwork there is really nothing that you can do in this process. However, making phone calls from time to time and asking for the status of your request is a smart idea. In some cases, you will be asked to bring a document that is missing even though they said that everything was fine. Remember that they won’t call you if a document is missing.

Argentina Real estate attorney

Buying and selling or even renting real estate property involves much more than finding someone who wants to sell or rent a property you like, pay the sale price or rent, shake hands and then move in. If it were that easy, we would have no need for an Argentina real estate lawyer.

What is Real Estate Law?

Real estate law comprises of the statutes and regulations that govern the rights and interests of stakeholders in real estate, and involves both commercial and residential properties. The law provides protection for these stakeholders who include sellers, buyers, landowners, realtors, estate brokers, developers, builders, contractors, surveyors and real estate agents. 

There are several legal issues that arise in real estate, they are: sale and purchase of properties, leasing and other transfers of properties; verifying of title to property; representation in settlement of property claims or exercising of property rights; tenancy agreement and landlord-tenant issues; property development and construction approvals; zoning, environmental issues, agriculture and land use; mortgages, foreclosures and auction; securitization of real estate investments; etc.

What Does an Argentina Real Estate Attorney Do?

Your Argentina real estate lawyer will be the one to handle the transactional aspect of your real estate involvement. The lawyer would draft all related legal documents, negotiate prices and close transaction deals.
One major reason people involve a lawyer in their real estate dealings is the investigations that would be carried out by the lawyer for the client before concluding transaction. This investigation called due diligence will include an inspection of the property to ensure the physical features are not contaminated thereby causing damage to the environment; and a review of all documents attached to the property to ensure they are in order and in compliance with relevant statutes.
Reviewing of the property’s documents will lay bare the title of the seller, and help the lawyer ascertain whether it is genuine or not. The property document review will also inform on whether there are any encumbrances on the property like mortgage, easements, liens and also tax liens.
To validate a real estate transaction, certain filings have to be made in some government agencies. Your Buenos Aires real estate lawyer will make sure all the appropriate documents are filled and necessary stamps and verification obtained.
Of course, when you get involved in a real estate dispute, your lawyer will represent you, whether in arbitration or in court. There are several instances where real estate disputes may arise such as a breach of contract, arrears in rent, foreclosure, disclosure or deposit issues, zoning compliance and boundary disputes among others.

What Can Happen Without an Argentina Real Estate Attorney?

While it isn’t mandatory to have an attorney represent you in an Argentina real estate transaction, benefits abound that would save you from little mistakes which could invalidate your real estate transaction.
Without an attorney, the other party could fail to fulfill certain obligations like making full disclosures, clearing the title of encumbrances, obtaining certain certifications and permits, keeping property safe, not diverting deposit for other illegal means and other obligations required by law.
Without a lawyer, you could become liable to fines where you unknowingly contravene relevant laws. The absence of a lawyer could increase your chances of being duped by dubious person claiming to act on behalf of a nonexistent company. Your lawyer would definitely have carried out an investigation on the genuineness of the company.
So, save yourself unnecessary headache and hire an Argentina real estate attorney to represent you. Contact us to schedule a consultation with one of our lawyers. Although there is no guarantee having a lawyer with you will totally exclude you from any litigation or dispute, however, the presence of a lawyer in your dealings would drastically mitigate the development of any annoying situation.

Argentina Debt Collection Lawyer

It’s always annoying when a creditor finds out that a debtor has suddenly become unavailable or unreachable. If this describes your current situation, then you might be in need of an Argentina debt collection lawyer.

There are however certain conditions that must be met before taking the route of getting a debt collector lawyer involved. Ensure you have explored all available means of claiming your money. Are your records and documents in order? Usually the correct order is to first send a letter, then a follow up letter (where there was no response to the initial letter, and finally a demand letter before calling on your lawyer. Failure to follow this order could hinder your successful claim to your money if matter goes to court.

What Does a Buenos Aires Debt Collection Attorney Do?

Argentina debt collection lawyer will help a creditor come up with legal strategies that will get the loaned money back. In addition, where paper work (demand letter, court processes) is involved in Buenos Aires debt collection, your lawyer will handle that for you and also represent you in court if necessary. Your lawyer will also help you choose the best option to get your money back in record time, whether through a debt collection agency or through the courts. Since some consumers and debtors have been protected from being bothered by debt collection agencies, your lawyer will help ensure you are not violating any law in that aspect.

How Do I Know If I Need an Argentina Debt Collection Attorney?

As a creditor, you will need a lawyer to if you wish to recover your money within legal grounds, especially when you begin to see any of the following signs.

  • Debtor has willingly refused to pay back loan owed.
  • Debtor is avoiding contact and evading calls.
  • Debtor is in arrears of mutually agreed upon instalmental payment plan.
  • Debtor fails to pay interest.

Your lawyer will then help you decide on the best legal option to take to recover your money.

How Much Does an Argentina Debt Collection Attorney Cost?

This depends on your attorney’s billing method. So, your pay will be according to how your attorney operates, that is if an hourly billing, a contingency fee or a flat fee. Contingency fees are usually favoured by creditors who will be getting money.
Are you in need of an Argentina debt collection attorney? Contact us today to schedule a consultation.