Lived in Another Country? When Being Firmly Resettled Bars Your Right to Asylum in the U.S.

A person is barred from receiving asylum in the U.S. if an immigration judge or asylum officer finds that he or she was already firmly resettled in another country.

When you complete the Form I-589 application for asylum, it will ask you whether you have ever traveled through or resided in another country (besides the one from which you are requesting protection) before coming to the United States. It will also ask whether you've ever applied for residence or asylum in any other country besides the United States.

The reason for these questions goes back to the firm-resettlement bar. But what does the legal term "firmly resettled" really mean? Many people pass through other countries when fleeing their own, and might even stay there awhile before entering the United States.

What Turns One's Time in a Third Country Into "Resettlement"

Simply passing through another country on your way to the U.S. is not enough to warrant a refusal of asylum; nor spending longer there, if it didn't lead to any legal right to remain.

USCIS and the Department of Homeland Security (DHS) are primarily interested in whether you could have applied for asylum in the third country or whether you have a right to live there now, perhaps because of a previous asylum or other immigration application.

Only if you have or were offered some type of permanent status while in a country you spent time in before arriving in the U.S. (such as citizenship, the equivalent of a green card, or some other status that allows an indefinite stay) will you be barred from receiving asylum in the United States.

If you did not apply for asylum or any status in countries where you temporarily stayed, the immigration judge or asylum officer reviewing your case should not find that you were firmly resettled there.

You might explain to the judge or asylum officer that your plan was always to come to the United States, and that you stayed in other countries for only as long as you had to, until you could continue to your final destination. The longer someone's stay, the more likely the asylum officer or immigration judge is to question whether the person did, in fact, receive some sort of status there.

It would also help if you did not have any significant ties to the countries in which you passed through, such as property, employment, or family members with permanent status living there. (See 8 C.F.R. Section 208.15(a).)

Be prepared to explain why you did not seek refuge or other status in the countries where you spent time, especially if you have those types of ties to the country.

What If You Sought or Were Offered Refuge in Another Country Before Entering the U.S.?

If you applied for asylum in another country but your application was denied, the U.S. government will want to know why you didn't qualify.

If your asylum request was approved, or if you received a realistic offer of permanent residence by some other means, you will likely be required to return to that country.

If you have a pending asylum case in a third country and are still awaiting a final decision, you will need to provide details of that request to either USCIS (if submitting an affirmative application) or DHS (if applying in Immigration Court). Your application for U.S. asylum will likely be placed on hold until you receive a final determination on your earlier asylum request from the other country.

If it is eventually established that you have a right to live in another country, your U.S. asylum application will in all likelihood be denied. The fact that you might not wish to live in that country will not be taken into account, as was spelled out in a 2020 case from the Board of Immigration Appeals. (See Matter of K-S-E-, 27 I&N Dec. 818 (B.I.A. 2020).)

If you are worried about proving that you were not firmly resettled in another country, definitely consult with an experienced immigration lawyer.