{"id":352738,"date":"2016-04-04T10:46:25","date_gmt":"2016-04-04T15:46:25","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/asylum-refugee\/credible-fear-interview-three-key-issues.html"},"modified":"2024-08-08T16:43:31","modified_gmt":"2024-08-08T21:43:31","slug":"credible-fear-interview-three-key-issues","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/asylum-refugee\/credible-fear-interview-three-key-issues.html","title":{"rendered":"How To Prepare for Your Credible Fear Interview"},"content":{"rendered":"\n
\n

How To Prepare for Your Credible Fear Interview<\/h1>\n\n
\n
\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

A credible fear interview helps determine whether an asylum seeker has a significant possibility of facing persecution or torture if returned to their home country. Preparing clear, consistent testimony and gathering supporting evidence can strengthen your claim during this initial screening.<\/p>\n\n <\/div>\n\n\n\n

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\u00a0ground to claim asylum<\/a>\u00a0under\u00a0United States immigration law. A credible fear interview is essential for asylum seekers.<\/p>\n

This article provides an overview of credible fear interviews and how to prepare for them. You’ll learn about the importance of credible fear interviews and the nuances of the Convention Against Torture<\/a>.<\/p>\n

You can also enlist experienced legal help with your asylum claim. An immigration attorney<\/a> can guide you through the process and help you prepare clear, consistent testimony for your credible fear interview.<\/p>\n

The Credible Fear Interview Is Important<\/h2>\n

When you arrive at the U.S. border or port of entry, you often need\u00a0legal authority to enter the country<\/a>. 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.<\/p>\n

If the person without proper documentation at the port of entry says they fear returning to their home country, an\u00a0Immigration and Customs Enforcement (ICE)<\/a>\u00a0officer 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.<\/p>\n

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.<\/p>\n

What Is Credible Fear of Persecution?<\/h2>\n

Establishing a credible fear of persecution is essential if you are seeking to file an asylum application in the United States.\u00a0<\/p>\n

Credible fear of persecution<\/a>\u00a0involves 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.<\/p>\n

Credible Fear Interview Triggers<\/h2>\n

A person subject to expedited removal proceedings who raises an\u00a0asylum claim<\/a> can explain their fear to an asylum officer. During the interview, the officer decides whether there’s a significant possibility of harm to the person if they return.<\/p>\n

Some refugees are hesitant to make a claim. So, immigration policy and procedures need\u00a0Department of Homeland Security<\/a>\u00a0(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,\u00a0Executive Office of Immigration Review<\/a>\u00a0(EOIR). Once you get referred to an immigration judge, they will hear your asylum case.<\/p>\n

How To Establish Credible Fear of Persecution or Torture<\/h2>\n

The following are critical points during credible fear screening<\/a>:<\/p>\n

    \n
  1. The initial interview\u00a0is where an asylum officer interviews you.<\/b> 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.<\/li>\n
  2. You show a significant possibility of facing persecution or torture.\u00a0<\/b>You have to show that there is a possibility of you facing persecution or torture<\/a> if you travel back to your home country. This involves showing testimony or evidence that supports your claim.<\/li>\n
  3. You submit evidence.\u00a0<\/b>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.<\/li>\n
  4. You then establish consistency and credibility.\u00a0<\/b>Your story must be consistent. Any inconsistencies or lack of credibility in your testimony could negatively affect the assessment of your case.<\/li>\n
  5. Be informed of the conditions\u00a0that could cause a bar to your asylum application.<\/b> This may include if you committed serious crimes or are a threat to the security of the United States.<\/li>\n<\/ol>\n

    If you are unsure if you or a loved one qualifies, talk to an\u00a0immigration attorney<\/a>\u00a0with experience in asylum adjudication.<\/p>\n

    What Happens if the Asylum Officer Finds Credible Fear?<\/h2>\n

    If an asylum officer determines your fear is credible, the\u00a0U.S. Citizenship and Immigration Services (USCIS)<\/a>\u00a0may take one of the following actions:<\/p>\n