Matter of D-X & Y-X 25I&N Dec. 664 (BIA 2012)
The Board of Immigration Appeals published a decision today finding that a facially valid permit to reside in a third country (even if fraudulently obtained) constitutes prima facie evidence of an offer of firm resettlement. In the case at hand, two chinese nationals had obtained residence permits in Belize. The female national had used the permit to travel to the U.S. and reenter Belize. The male national had worked in Belize. Therefore, the fact that the permits may have been fraudulent did not undercut the government’s showing of firm resettlement and the respondents were unable to establish an exception based on the facts.EQ