Definition of “firm resettlement.”

CFR · 2024-01-01 · US · Title 8

(a) An alien is considered to be firmly resettled if, after the events giving rise to the alien's asylum claim: (1) The alien resided in a country through which the alien transited prior to arriving in or entering the United States and— (i) Received or was eligible for any permanent legal immigration status in that country; (ii) Resided in such a country with any non-permanent but indefinitely renewable legal immigration status (including asylee, refugee, or similar status but excluding status such as of a tourist); or (iii) Resided in such a country and could have applied for and obtained any non-permanent but indefinitely renewable legal immigration status in that country; (2) The alien physically resided voluntarily, and without continuing to suffer persecution in any one country for one year or more after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, provided that time spent in Mexico by an alien who is not a native or citizen of Mexico solely as a direct result of being returned to Mexico pursuant to section 235(b)(2)(C) of the Act or of being subject to metering would not be counted for purposes of this paragraph; or (3)(i) The alien is a citizen of a country other than the one where the alien alleges a fear of persecution and the alien was present in that country after departing his country of nationality or last habitual residence and prior to arrival in or entry into the United States, or (ii)

official document · source cfr-2024 · id 8:§ 1208.15