Minnesota Asylum Firm Resettlement Attorney

If you have come to the United States to seek protection from persecution in your home land, but you have “firmly resettled” in a third country, you are not eligible for protections under asylum, withholding of removal, and conviction against torture. That said, because the term “firm resettlement” can be complex, and difficult to fully define it is important that you consult an experienced and well qualified immigration attorney.

The official definitions of firm resettlement differ for asylum and refugee cases. In both asylum and refugee instances, the firm resettlement must have taken place before you were admitted or arrived in the United States. You must also have received an offer of either citizenship, or permanent residency from that country. In refugee cases, you must have travelled to and arrived at that country while fleeing persecution.

Although these are the general rules, there have been exceptions made to the firm resettlement bar that actually allow an applicant to apply for either asylum or refugee status. The two primary exceptions being that the third country has such restrictive conditions that a firm resettlement has not been possible, examples of this include:

  • Either being harmed or receiving a threat by a persecutor in the third country
  • An inability on the governments part to ensure that you will receive benefits
  • Government withholding a refugees travel documents

The second exemptions only applies to asylum applicants, and it states that if no significant ties were made to the third party ten firm resettlement has not been established. These include:

  • The applicants entry into the country was only of consequence of their fleeing persecution
  • They (the applicant) only remained there as long as necessary to arrange continued travel

Because the issue of firm resettlement is so complex it is important that you speak to an experienced and well qualified immigration lawyer. They will be able to shed more insight into how your specific case fits, and if you are at all eligible for asylum in the United States.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your case.

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