FIRM RESETTLEMENT AND TPS ELIGIBILITY

 

Are you looking for temporary protection status in the U.S. but have been offered citizenship in another country besides your country of birth? Is your country of residence prior to entering the U.S. different from your country of birth?

You may be considered firmly resettled and no longer eligible for TPS based on being a national of your country of birth. Read more to find out if you are firmly resettled and no longer qualify for Temporary Protected Status (TPS).

 

Overview of Firm Resettlement 

 

Firm Resettlement is a basis to disqualify applicants for Temporary Protected Status (TPS) based on their entry and offer of permanent status in a third country before arriving in the United States. The parts of firm resettlement are as follows:

 

• Entry into a third country before entering the U.S.
• Offer or receipt of status (acceptance of the offer is not required)
• And the status offered must be permanent (permanent residence or citizenship) 

 

If these conditions are met, you would be considered “firmly resettled” and are no longer eligible for protections under Temporary Protected Status. Thus, if you are considering applying for TPS, you cannot be firmly resettled in a third country before arriving in the U.S. 

 

However, there are several exceptions to Firm Resettlement. You may be able to overcome “firm resettlement” if you can show you meet the following exceptions:

 

• The entry was a necessary consequence of flight from persecution
• The stay was only for as long as necessary to make further travel arrangements
• Restrictive conditions
• The conditions of the residence were so “substantially and consciously restricted” that the individual could not be resettled. This could be demonstrated by providing examples of the rights and privileges of other residents: housing/ employment, the right to obtain property, travel, education, etc.

 

Overview of Temporary Protected Status (TPS) and Habitual Residence 

 

Temporary Protected Status (TPS) allows eligible nationals or habitual residents of designated countries to be eligible for temporary legal stay in the United States for designated periods determined by the Secretary of Homeland Security. To be considered a habitual resident or an eligible national for TPS you must be able to provide at least one of the following: 

• Passport showing your picture, name, and date of birth
• Birth certificate accompanied by photo identification
• A visa issued by a foreign consulate
• Any national identity document from your country of origin bearing your photo and/or fingerprint

For more information on TPS read our article, Who is Eligible for TPS?. 

 

Firm Resettlement on TPS Eligibility 

 

If you’re firmly resettled in another country, you will not be eligible for TPS. Thus, if you are seeking to apply for TPS you must be able to demonstrate that you are

1) A citizen/ habitual resident of a TPS designated country

2) You have not been offered citizenship or the equivalent in a nation that is not the US or your country of origin. 

 

Why Hire an Immigration Attorney 

 

Determining whether you are firmly resettled in another country can be difficult. Navigating through alternative routes of lawful residence in the United States is even more challenging. An immigration attorney can help you through the entire process and will ensure that your application is completed on time and without errors. If you want to learn more about firm resettlement, contact us for an assessment or consultation.