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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.

Uruguay Probate Lawyers – Why and when do you need one?

The truth is that using the services of Uruguay probate lawyers is not a must. However, it is a good idea to hire one if you live in or you are somewhat connected to Uruguay. This South American country has very complex probate laws and it is almost impossible to finish the legal procedure in the best way without hiring a lawyer.

How can Uruguay probate lawyers help you?

It doesn’t matter whether we are talking about Salto or Montevideo and Punta del Este probate attorneys, the fact is that they can be retained to help with proper estate planning activities even before death happens. In addition, people can always hire them upon the death of a certain person in order to help with the complicated property settlement procedures like creditor negotiations, filing wills via courts, and identifying legal heirs.

Uruguay probate lawyers are especially helpful when managing intestate properties of Uruguayan residents. So, whenever an individual dies and he or she doesn’t have a will, the court will start a probate case and typically they will assign an estate administrator.

Furthermore, this specific kind of lawyers in Uruguay is specialized in estate planning which has the ability to speed up the probate process. In some cases, their plans can help clients skip this process too.

It is good to remember that the testament and the last will are a strong tool which highlights the final desires of decedents. People can share information related to the kind of funeral procession they want and point out some details related to their burial site. Of course, this last will, lets them list their property/properties and give the name of all the beneficiaries who should get their belongings.

According to many experts, using the services of an experienced probate attorney in Uruguay is the best way to ensure properties are processed in a legal way. In addition, these professionals can also speed up the process by handling the property on behalf of the decedent. They can also assist the estate administrator and executor.

Uruguay probate lawyers are especially useful in cases where the last will or last wills of the decedent are contested. Whenever a family dispute is on the horizon, these attorneys are able to serve as mediators. What’s interesting is that in most cases they are able to negotiate the best terms for every party.

It’s also good to know that Uruguay probate lawyers can offer solutions to people with small properties. This means that they can make the process of transferring titled real estate as well as retirement accounts, bank accounts, investment portfolios and other financial assets, much simpler. Obviously, they can also help people with large properties.

A lot of people are not sure whether they should use a Will, but numerous cases have shown that dying without creating one in Uruguay can result in many different complications.

If you are looking for the best Montevideo and Punta del Este probate attorneys or the best Uruguay probate lawyers in general, you should know that Kier Joffe lawyer office is here to help you.

Real Estate Lawyers in Argentina

Real estate lawyers in Argentina are involved in the same activities as real estate lawyers around the globe. Namely, their main focus is placed on cases that include real estate transactions, property claims and land disputes. With the help of these lawyers, sellers and buyers of properties can get an answer to all their questions related to the legal concerns and aspects of property transactions. In addition, these lawyers are here to guide buyers and sellers through the complex process of real estate purchases and sales.

Things you should know about real estate lawyers in Argentina

Real estate lawyers in Argentina are providing legal services for real estate sales and purchases in the state of Argentina. Of course, there are some lawyers that are specialized in specific regions like real estate lawyers in Buenos Aires.

Generally speaking, there are two types of Argentinean real estate lawyers. First of all, there are litigation lawyers. These lawyers are working primarily on lawsuits related to real estate. The other type is transactional lawyers. These lawyers are focused on contracts and agreements associated with real estate. Before selecting a real estate lawyer, it is a good idea to decide which option is better for you. Of course, experience law offices have lawyers that have experience in all real estate matters. The majority of real estate lawyers and law offices like Kier Joffe law firm are providing a wide range of services like gathering documents, counseling, and advice for their clients and finalizing and talking about the terms of transactions and/or contracts.

In case you are planning to get involved in a real estate transaction in Argentina, then you must talk to a reputable Argentinean real estate lawyer. It is better to talk to a lawyer that has experience and knowledge in both residential and commercial real estate transactions. Knowledge and expertise is especially important in cases revolving around financing and development of properties, sales of properties, property investments, and construction details. Usually, well-known real estate lawyers know the common concerns and goals of clients.

Real estate lawyers are looking for both companies/organizations and individuals as clients. Businesses that want to use the services of real estate lawyers must pay special attention to the process of selection. They must look for a lawyer that understands the business goals and a lawyer that can represent the business in the best possible way.

A good lawyer in this field will prepare the contracts in a way that suits and favors the client. It is their job to do some research and see whether the property that the client wants to purchase is free of claims. In this way, you can avoid legal problems in the future.

There are many lawyers that provide such services across Argentina – from real estate lawyers in Buenos Aires to the ones in Cordoba. But, if you want to stay on the safe side, use real estate lawyers in Argentina that have experience, knowledge, expertise and excellent reputation. Kier Joffe Law Firm has over 75 years of experience. It’s worth mentioning that we also provide real estate services in all the Argentinean provinces:

Buenos Aires, Capital Federal, Catamarca, Chaco, Chubut, Cordoba, Corrientes, Entre Rio, Formosa, Jujuy, La Pampa, La Rioja, Mendoza, Misiones, Neuquen, Rio Negro, Salta, San Juan, San Luis, Santa Cruz, Santa Fe, Santiago del Estero, Tierra del Fuego, and Tucuman.

Acquisition of Argentine Citizenship by a Child Born Abroad

There are a few situations when children born abroad have the right to apply for an Argentine citizenship. There are also many reasons why a child should get a citizenship like this. Now let’s learn more about the acquisition of Argentine citizenship by a child born abroad.

It doesn’t really matter where a child is born when it’s born abroad – the child that has a father or mother that have Argentine citizenship can claim an Argentine citizenship. It is worth mentioning that age doesn’t play any role when it comes to this acquisition except that the procedure is different for adults and minors. It’s also good to know that the child can acquire an Argentine citizenship even when one or both parents are deceased.

Children that already have a citizenship from another country, don’t have to renounce their current citizenship in order to get an Argentinean one. There are two ways in which children can start this procedure – by getting in touch with the local Argentine embassy or consulate in the place where they are living or by traveling to Argentina and applying there.

The authorities in Argentina have made a simple procedure for those who want to acquire an Argentine citizenship even though they were born abroad.

First of all, they need to submit an original birth certificate of their father or mother who is an Argentine national. In order to get such certificate, it’s the best idea to use an online application. In case both parents are Argentine nationals, you will need two certificates. If one of the parents is a foreign national, a passport of that person is required.

The child (or his parents) must provide a document that will provide the identity. Finally, the applicant must provide two standards (4×4) photos.

The procedure we described applies to children born abroad in time when their parents were legally married. In case they were not married, the procedure is slightly different. If the mother is an Argentine citizen, you must provide a document that proves this citizenship at the time of the birth. In the case of the father, it must be proven that the father was present in Argentina, or that he was an Argentine national when the child was born or that he has valuable belongings (a real estate for example) in Argentina at that time.

Being an Argentine citizen is both a privilege and a responsibility. Regardless of the age of the child born outside Argentine, they have the right to acquire Argentine citizenship as long as at least one of their parents was an Argentine national when they were born. Keep in mind that how they have acquired their citizenship doesn’t matter – naturalization, by birth or by option). When applying for an Argentine citizenship in cases like this, it is crucial to obtain the required documentation and submit it in the right way. Hiring an attorney that has experience in this field is highly recommended.