“Noncitizens of the US, especially those from south of the border, attempt to enter the US without documentation (a visa or green card) or with false documentation. Unless they ask for asylum, they will be sent home without a hearing under a deportation process called “expedited removal.”
Credible fear Interviews
Since many asylum requests exist, the Department of Homeland Security (DHS) has implemented a credible fear screening interview process.
In credible fear interviews, noncitizens can apply for asylum or withhold removal instead of returning home if they can prove that returning home would result in persecution or torture. For an immigration judge to approve or deny their asylum claim, they must get past this initial screening.
What is credible fear?
Credible fear is the belief that there is a much chance that the individual can be generally granted asylum, withholding, or CAT, considering the credibility of their claims and other facts known to immigration judges or interviewers.
A credible fear of torture or prosecution is the fear that a noncitizen detained upon returning to her homeland has. Credible fear is different from reasonable fear. It applies to noncitizens not removed from the country previously. This is a simpler standard than the reasonable fear one.
Asylum-Seeking Individuals
EOIR (the Executive Office for Immigration Review) offers asylum to people in expedited removal procedures who have a credible fear of persecution. If there is no credible fear of persecution, an IJ can revise the decision of an asylum officer. US Immigration and Customs Enforcement can remove you from the United States. You may not request a review if the IJ does not agree with the negative credible fear determination.
How Will Asylum Officers Conduct Credible Fear Interviews?
US Customs and Border Protection or (entering a country) and Customs Enforcement (ICE) manages and does interviews when you are subject to quickly-done removal:
- You intend to seek asylum.
- There is a fear of persecution or torture; or
DHS will provide information about the credible fear process if you intend to apply for asylum, persecution, torture, or fear return. During the credible fear process, you may undergo detention by DHS.
- Credible fear orientation;
- After arriving at a detention site, you must wait at least 48 hours;
- Providers of low-cost or free legal services
- Waiver of the 48-hour waiting period.
Credible Fear of Persecution
The credible fear of persecution is a “significant possibility” you can prove, credibly, in an Asylum Merits Interview or proceeding with an Immigration Judge that you have suffered persecution due to racial, religious, national, or political beliefs.
Credible Fear of Torture
A credible fear of torture is a reason to appear before an asylum officer or before an IJ. It is more likely that you will be tortured if you return home.
Does establishing a credible fear of persecution or torture have any mandatory requirements?
Although it is not required to prove a credible fear of persecution, it is possible. However, there are mandatory restrictions on asylum and withholding removal. During the credible fear determination process, asylum officers cannot determine if you are subject to a compulsory bar to asylum or withhold removal.
Upon hearing the credible fear decision, the asylum officer may note that withholding removal or a mandatory bar to asylum may apply in a future Asylum Merits Interview or immigration proceedings before an immigration judge. If you do not qualify for asylum or withholding of removal, you may not qualify for it.
- A member of a particular social group, religion, or nationality has suffered persecution by you;
- A particularly serious crime has taken place against you;
- It’s reasonable to believe you have committed a serious, non-political crime in another country.
- Having engaged in terrorist activity, being likely to engage in terrorist activity, inciting terrorist activity, or belonging to a terrorist organization;
- The resettlement process go smoothly; or
How Will an Asylum Officer Treat Me if I Have a Credible Fear?
Asylum Officer
A USCIS asylum officer who finds that you are credibly threatened with persecution or torture will either:
- During a second interview, keep important our asylum application and consider your eligibility for withholding of removal and CAT protection. This interview is commonly called an Asylum Merits Interview. Asylum officers will decide if you are eligible for asylum. An asylum officer will also determine if you are eligible for protection under CAT or withheld from removal based on your record before USCIS.
- Send a Notice to Appear to the IJ to discuss asylum, withholding of removal, and CAT protection. With Form I-589, Application for Asylum and Withholding of Removal, you begin the “defensive” asylum process.
Is it possible for USCIS to keep my asylum application after I claim to have a credible fear of an asylum officer?
Positive credible fear determinations will serve as asylum applications. To determine your eligibility for asylum, you will appear for a non-adversarial Asylum Merits Interview. Your Asylum Merits Interview will determine whether you are eligible or ineligible to get asylum at your Asylum Merits Interview. Based on your record before USCIS, an asylum officer will also determine if you qualify for withholding of removal or protection under CAT.
How Will I Know If An Immigration Judge Notices I Have a Credible Fear Following a Finding of Asylum?
Filing Form I-589 will allow you to request asylum, withhold removal, or CAT protection. To qualify for asylum in the United States, you must establish eligibility. The IJ will consider your eligibility to grant asylum or withhold removal. IJs will grant deferral of removal if a bar applies. But you have demonstrated that you will suffer torture in the country of return.
Can an Asylum Officer deny asylum if no credible fear exists?
You can request an IJ review if an asylum officer determines you do not face persecution or torture. An IJ who affirms the negative credible fear determination or does not request a review may remove you from the United States. IJ determinations that you have no credible fear of persecution or torture are generally not reviewed.
Process of credible fear
Generally, people detained at the border without proper documents cannot apply for immigration benefits or stay in the United States.
There is only one exception: a well-founded fear of persecution because of one’s race, religion, nationality, political opinion, or social status. Also, the person must prove that the government initiated the persecution or could not stop it.
Credible fear interviews determine whether an immigrant has a significant chance of being eligible for asylum. Interviewers will ask asylum applicants many questions about their fears, who they are afraid of, and why they are afraid. Asylum officers typically conduct video interviews. It is possible to participate by telephone with a lawyer. It is common for us to represent our clients during such interviews.
Appeal to the Immigration Court (EOIR)
An asylum applicant can request to appeal the ruling before an immigration court if the asylum officer finds that there is not a sufficiently credible fear of harm. Asylum seekers will remain in custody while they appeal the denial of asylum.
Typically, future courts affirm the denial of credible fear, and the person departs. In the CFI interview, even if the applicant convinces the asylum officer of their credible fear of persecution.
They are still deported by an immigration court, where they must prove to a judge that their “credible fear” is well-founded, which requires a higher standard of proof. They also face deportation if they fail to comply.
Consultation with Customs and Border Protection Officers
CBP officers will ask noncitizens whether they fear returning to their home country if they have the required immigration documents or are attempting to commit fraud to enter the US. It is illegal to remain in the United States if you say “no.” CBP officers will arrange a credible fear interview with an asylum officer if the person expresses fear of persecution or torture.
Credible Fear Interview Preparation
A good experience can prepare you for your interview and make the difference between staying and returning home to face torture or death. Many people didn’t know they would be part of the interview.
Your attorney can help you prepare for the credible fear screening process. This will increase your chances of approval. After being fully detained, we arranged a visit to discuss the credible fear process and the standard set by the asylum officer. We notified the asylum office that our presence would benefit the interview.
We have learned that mock interviews are the best way to prepare. Our team can pretend the role of an asylum officer and will ask the questions most likely related to the interview. This will allow you to understand better how to present your case before the asylum officer.
Although you only have 48 hours to prepare. There are likely to be more. You or your loved ones will need to prepare for interviews if you don’t hire a reputable law firm as soon as possible.
Asylum officers will receive notes about the person they are interviewing. The place of entry into the US, and whether they initially claimed persecution or torture. When conducting an interview, it is important for the person interviewing to keep detailed notes about the event and to remain consistent in their testimony. The quality of the applicant’s testimony becomes important when no documentation or proof of their claim exists.
What Happens at the Credible Fear Interview?
The asylum officer will ask questions via satellite or phone during the interview. To translate the questions into the native language of the detainee, an interpreter will be present.
The first set of questions will concern the detainee’s background, such as their birthdate, country of origin, and ties to the US. The next questions will focus on the detainee’s fears of returning home.
When the detainee mentions a reason, an interviewer asks follow-up questions about the detainee’s fear. The interviewer asks why the detainee is under persecution in the next questions. Interviewers ask detainees if they have ever been any fear or harmed. A person’s race, religion, nationality, or membership in a specific social group. If the fear is not included in one of these categories, an asylum application for a detainee will be rejected.
Any inconsistencies in the answer of the detainee will be used to discredit their story. If they answer “no” to all questions or change aspects of their answers in the next interviews or hearings, it will discredit the whole story. The interviewer will then ask whether government officials have mistreated the interviewee.
In the interview, the interviewer will ask about situations that would disqualify an applicant for asylums. Such as whether they have persecuted other people, committed crimes abroad, or tied in with terrorists or violent groups. Lastly, the interviewer will summarize and ask if the applicant has any questions. After the interview, the officer determines whether the applicant is credible in claiming persecution or torture at home.
An immigration judge determines whether a detainee has demonstrated a “significant probability” of being able to prove to their satisfaction that a return to their home country would result in persecution because of the detainee’s ethnic, racial, religious, national, or political views.
Procedures after the Interview
Following the interview, the interviewer will determine whether the detainee has a credible fear. A written decision and transcript of the interview will be generally provided to the detainee by the interviewer.
After being generally released on bond, a detainee who establishes a credible fear of persecution may apply for asylum. Detainees, without credible fear, can request a review of this decision by an immigration judge as a last resort to avoid being deported.
Bottom line
Credible fear Interviews require preparation. It is important to share your case with the government. It is possible to be suspicious of the law enforcement officers in your country. Interviewers and DHS lawyers may discredit your story if they find out that you have added important details to your second interview.
The second step is to keep detailed notes about your experiences and fear of returning. You can remember the dates and other details as you tell your story. For help preparing for your credible fear interview, speak with a local attorney if possible.
The asylum law in the United States can be very complex. Each case is unique. We recommend you seek legal advice. While you are fully entitled to a lawyer handling your case, legal representation in the United States is not always free. You should ensure that the lawyer you hire has vast experience in asylum matters.