Firm Resettlement Bar

What is Firm Resettlement Bar and why is important to know about it?

Firm Resettlement is a bar for asylum. The Federal Code as well as the Court have defined and explained this legal doctrine. As recent as December 18, 2025, the Board of the Immigration of Appeals (BIA) published Matter of L-T-A (BIA 2025). This case is an expansion and further explaniation regarding what was established on Matter of A-G-G- (BIA 2011).

Under 8 C.F.R. section 1208.15 firm resettlement is defined as:

An alien is considered to be firmly resettled if, prior to arrival in the United States, he or she entered into another country with, or while in that country received, an offer of permanent resident status, citizenship, or some other type of permanent resettlement unless he or she establishes:

Exception to Firm Resettlement:

a.     That his or her entry into that country was a necessary consequence of his or her flight from persecution, that he or she remained in that country only as long as was necessary to arrange onward travel, and that he or she did not establish significant ties in that country; or

b.     That the conditions of his or her residence in that country were so substantially and consciously restricted by the authority of the country of refuge that he or she was not in fact resettled. In making his or her determination, the asylum officer or immigration judge shall consider the conditions under which other residents of the country live; they type of housing, whether permanent or temporary,  made available to the refugee; the types and extent of employment available to the refugee; and the extent to which the refugee received permission to hold property and to enjoy other rights and privileges, such as travel document, that includes a right of entry or reentry, education, public relief, or naturalization, ordinarily available to others resident in the country.

On Matter of A-G-G- (BIA 2011), the BIA sets forth a four-step framework for deciding cases involving firm resettlement:

1.     DHS bears the burden of presenting prima facie evidence of an offer of firm resettlement.

Prima Facie evidence of Firm Resettlement may include direct evidence of a Firm Resettlement offer or indirect evidence such as family ties, business and property connections, and whether the respondent enjoys the same legal rights to work and enter and leave the country as those who are permanently settled. Sall v. Gonzales, 437 F.3d 229, 235 (2d Cir. 2006)

2.     The Respondent may seek to rebut DHS’ prima facie evidence of an offer of firm resettlement by showing by preponderance of the evidence that such an offer has not, in fact, been made or that… he would not qualify for it.

The Immigration Judge will consider the totality of the evidence presented to determine whether the respondent has rebutted DHS’ evidence.

3.     If the Immigration Judge finds that the respondent firmly resettled, the burden then shifts to the respondent to establish than an exception to firm resettlement ser forth in the regulations applies by a preponderance of the evidence.

What constitutes an offer of firm resettlement:

• Some cases an offer of firm resettlement consists of a pathway to becoming a permanent resident or citizen of a third country, the regulation also contemplates

• an offer of “some of other type of permanent resettlement”.

  Some other type of permanent resettlement may not always include written document, much less formal state-issued identification card.

Evidence expected from DHS to meet its burden:

• Official documents issued by the third country showing the offer of firm resettlement- direct evidence

• Treaties between the Respondent’s home country and the proposed third country showing that in fact there are collaborations and agreements between both countries allowing their citizens to live, work, own properties, and travel within and out of the third country.

• The respondent’s own testimony in regard to his live in the third country

• Respondent’s ties to the third country such as work, living conditions, properties, business, family members, years of residence in the third country, among others.

Important consideration under Matter of L-T-A- (BIA 2025)

• "The refuge country does not need to offer permanent resident or citizenship to the individual to constitute firm resettlement, under the term “some other type of permanent resettlement”.

• Evidence that a respondent had a legal right to enter, live, work and own property indefinitely in the country of proposed resettlement demonstrates that the respondent was offered “some type of permanent resettlement” for purposes of firm resettlement bar.