Best Asylum Lawyers in El Salvador

About Asylum Law in El Salvador, El Salvador

The constitution of El Salvador guarantees asylum as a fundamental human right. In accordance with the 1951 Refugee Convention and its 1967 Protocol, El Salvador constitutes asylum seekers as those fleeing persecution on account of race, religion, nationality, political opinion, or membership of a particular social group. El Salvador also upholds refuge based on the broader definition present in the 1984 Cartagena Declaration, extending to people who have fled their country due to widespread violence, foreign aggression, internal conflicts, or systemic violations of human rights.

Why You May Need a Lawyer

Seeking asylum can be a complex and time-consuming process, often involving a wide range of legal documents, procedural requirements, and detailed explanations of one's personal circumstances. An experienced asylum lawyer can assist by explaining the process, preparing and reviewing the necessary documentation, and advocating on your behalf during legal proceedings. The counsel of a lawyer is particularly helpful when facing potential challenges such as language barriers, documentation errors, and understanding the intricacies of asylum law and policies in El Salvador.

Local Laws Overview

Asylum seekers in El Salvador must submit an asylum application to the General Directorate for Migration (Dirección General de Migración). This should include proof of identity and specific reasons for seeking asylum based on the internationally recognized grounds. The application is reviewed and a decision is made by the National Refuge Commission (Comisión Nacional para el Refugio). The applicant has the right to legal representation and to appeal decisions made on their application.

Frequently Asked Questions

What is the process for seeking asylum in El Salvador?

After arrival, an individual should apply for asylum at the nearest immigration office. The request will be reviewed by the asylum office and during this period, the individual would be granted a temporary stay. The decision would be made within 90 days.

Can I work while my asylum application is being processed?

Yes, asylum seekers are allowed to work while their application is being processed. However, this necessitates receiving a work permit from the General Directorate for Migration.

What if my asylum application is denied?

If your asylum application is denied, you have the right to appeal the decision which must be filed promptly within the allowed time frame. Legal assistance can be very helpful during this time.

Can my family also apply for asylum?

Yes, if you are granted asylum, your spouse and children under the age of 18 also qualify for asylum status.

Can I apply for asylum from outside El Salvador?

No, you must be physically present in El Salvador to apply for asylum.

Additional Resources

You can find more information and assistance from organizations such as The UN Refugee Agency (UNHCR), The Salvadoran Foundation for the Development and Minimal Housing (FUNDASAL), and The El Salvador Red Cross. Legal assistance can also be sought from organizations like The Center for Justice and International Law (CEJIL).

Next Steps

If you require legal assistance, find a reputable asylum lawyer who is experienced in Salvadorian asylum law. Prepare all necessary paperwork and ensure to provide detailed, factual accounts of your experience and reasons for seeking asylum. Keep in touch with the aforementioned organizations for any updates or assistance you may need during your application process.