Firm Resettlement in Asylum Applications

What is “Firm Resettlement” and how will it affect my asylum application?

The Immigration and Nationality Act (INA) bars asylum if you were “firmly resettled” in another country prior to arriving in the United States. You are considered to be firmly resettled if prior to your arrival in the U.S., you entered into another country and while you were in that country, received an offer of permanent resident status, citizenship or other type of permanent resettlement.

 

What are the exceptions to the firm resettlement rule and can I still apply for asylum?

There are a few exceptions to firm resettlement that might still allow you to apply. For example, if entry into the other country was a necessary consequence of flight from your home country, or you remained only as long as necessary and didn't develop significant ties.  You can also show that the conditions of residence were so substantially or consciously restricted that you were not able to firmly resettle, due to restricted housing availability, restricted ability to gain employment or hold property, or restricted access to other rights and privileges such as travel, education, public benefits, and naturalization rights.

You may be able to apply for asylum even if you were made an offer of permanent residence in another country.  If you have any questions or concerns about whether this is an option for you, please feel free to call our experienced Los Angeles immigration lawyers for a free initial consultation.

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