How To Prepare for Your Credible Fear Interview

The credible fear interview is a crucial step in the asylum application process. It determines whether a person fleeing their home country has a legal ground to claim asylum under United States immigration law. A credible fear interview is essential for asylum seekers.

This article provides an overview of credible fear interviews and how to prepare for them. This FindLaw article helps explain the importance of credible fear interviews and the nuances of the Convention Against Torture.

Understanding the Importance of the Credible Fear Interview

When you arrive at the U.S. border or port of entry, you often need legal authority to enter the country. An exception exists for those with a well-founded fear of persecution in their home country. When this happens, an asylum officer performs a comprehensive interview.

If the person without proper documentation at the port of entry says they fear returning to their home country, an Immigration and Customs Enforcement (ICE) officer does preliminary questioning. The ICE officer determines the validity of their claim. If the fear is credible, an asylum officer conducts a comprehensive, credible fear interview. This interview assesses whether the person qualifies as an asylee based on the harm they face in their home country.

The asylum officer evaluates various aspects of the person's situation. For instance, this includes the nature of their fear of return and the reasons behind it. The credible fear process aims to understand the legitimacy and gravity of the persecution claims.

What Is Credible Fear of Persecution?

Credible fear of persecution involves proving a significant possibility of harm during the Asylum Merits Interview. Here, you can prove that you have faced reasonable fear of persecution. Or you have a justified fear of facing persecution because of your religion, race, nationality, membership of a social group, or political opinion.

Credible Fear Interview Triggers

A person subject to expedited removal proceedings who raises an asylum claim can explain their fear to an asylum officer. During the interview, the officer decides whether there's a significant possibility of harm against the person if they return.

Some refugees are hesitant to make a claim. So, immigration policy and procedures need Department of Homeland Security (DHS) officers to ask questions to identify anyone who has a credible fear of persecution or torture. In that case, you may seek asylum claims before a USCIS asylum officer or an immigration judge with the Department of Justice, Executive Office of Immigration Review (EOIR). Once you get referred to an immigration judge, they will hear your asylum case.

How To Establish Credible Fear of Persecution or Torture

The following are timeline milestones during credible fear screening:

1. The initial interview is where an asylum officer interviews you. Here, you must explain why you fear returning to your home country. The fear of persecution or torture should be based on your religion, race, nationality, membership of a particular social group, or political opinion.
2. You show a significant possibility of facing persecution or torture. You have to show that there is a possibility of you facing persecution or torture if you travel back to your home country. This involves showing testimony or evidence that supports your claim.
3. You submit evidence. You may submit evidence, including reports, news articles, personal testimonies, witness statements, and other documents supporting your claim. This may also include medical or police reports and human rights reports.
4. You then establish consistency and credibility. Your story must be consistent. Any inconsistencies or lack of credibility in your testimony could negatively affect the assessment of your case.
5. Be informed of the conditions that could cause a bar to your asylum application. This may include if you committed serious crimes or are a threat to the security of the United States.

If you are unsure if you or a loved one qualifies, talk to an immigration attorney with experience in asylum adjudication.

What Happens if the Asylum Officer Finds Credible Fear?

If an asylum officer determines your fear is credible, the U.S. Citizenship and Immigration Services (USCIS) may take one of the following actions:

1. Keep and consider your asylum application in a second interview, known as the Merits Interview. The USCIS may also look at your eligibility for protection under the Convention Against Torture (CAT) or withholding removal proceedings. Here, an asylum officer decides if you are eligible for asylum.
2. The USCIS asylum officer may also issue a Notice to Appear before an immigration judge. Here, an immigration judge will consider your claim for asylum, CAT protection, or withholding of removal claims.

When you file an Application for Asylum and Withholding of Removal (Form I-589) with the immigration court, the asylum case will enter into a "defensive" asylum process.

What Happens if the Asylum Officer Does Not Find a Credible Fear?

If an asylum officer finds you do not have a credible fear of persecution or torture, you may ask for a review by an immigration judge. If you don't ask for review or if the immigration judge agrees with the asylum officer's negative credible fear determination, ICE may proceed with your removal process. In general, the decision (or adjudication) of the immigration judge is final. This means it's not subject to further review.

The immigration judge may arrive at a positive credible fear determination. This means the judge decides against the decision of the asylum officer who didn't think you had credible fear. If that happens, the following are possible:

1. The immigration judge may issue a referral of your case back to the USCIS for an Asylum Merits Interview. This will allow the USCIS to reconsider your asylum application.
2. You get a Notice to Appear before an immigration judge. The immigration judge evaluates your claims for asylum, protection against CAT, and withholding of removal.

You should understand what the Convention Against Torture means for noncitizens seeking asylum.

Understanding the Convention Against Torture

The United Nations adopted the Convention Against Torture on Dec. 10, 1984. It protects people from being "subjected to torture and other cruel, inhuman or degrading treatment of punishment."

The convention is particularly relevant in the asylum process in the following aspects:

1. Protects against torture as a basis for asylum claims. When you arrive at the U.S. border and express fear of returning to your home country, the credible fear interview assesses whether these claims are valid. Showing a real risk of harm from torture or inhuman treatment in their home country is a basis for an asylum claim.
2. Non-Refoulement Principle. According to Article 3 of the convention, no state must expel, deport, or send back a person to another state if there are substantial grounds to believe that doing so would subject them to torture.

The Convention Against Torture is a mandate to states not to deport people who credibly show risk of torture or persecution.

Seek Legal Help from an Immigration Attorney

The process of seeking asylum in a foreign country is challenging. Its rules and legal complexities can be hard to understand, especially for those who don't have a legal background. That's why you must seek the legal advice of an immigration law attorney. They can help protect your rights throughout the process.

Immigration attorneys can also provide other legal services. This includes helping you with an adjustment of status to that of a permanent resident. Or they can provide legal representation if you are facing deportation. An immigration attorney can advocate for and guide you in filing your asylum claims.