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The credible fear interview is essential in the US immigration system to assess if asylum seekers genuinely fear persecution or torture upon return to their home country based on race, religion, nationality... This article offers a detailed guide on the interview process, covering common questions and support services from organizations like Serving Immigrants.
For the credible fear interview to be approved, the applicant must demonstrate being at risk of sexual abuse, physical harm, or other significant harm. The Biden Administration justifies these restrictions by arguing they will benefit those with legitimate claims of protection while attempting to reduce the impact of unfounded applications that congest the system.
The United States Citizenship and Immigration Services (USCIS) considers "credible fear of persecution" as a real possibility that the applicant will face persecution if returned to their country, based on reasons such as race, religion, nationality, membership in a particular social group (including discrimination based on sexual orientation or disability), or political opinion. The final decision on eligibility is made by an asylum officer, who may reject the application if the testimony is deemed not credible or if the expressed fear is insufficient.
If the applicant's account convinces the immigration officer, they may determine that the person will not be deported and will receive "withholding of removal" status. While this does not guarantee asylum due to current restrictions, it does suspend deportation until an immigration judge makes a final decision on the case, including considerations for Form 444 and Form 870.
Questions vary depending on how the applicant entered the country and can be more or less extensive. Areas explored include:
The reasons motivating the fear of return, such as being a victim of trafficking, threats of violence, or persecution.
About criminal history, recent medical history, and any records of prior entries into the country, including Form 444 and Form 870.
About previous visas and immigration processes, including considerations for parole status.
Requiring information such as name, age, country of origin, and family status.
We recommend consulting experienced immigration lawyers to ensure an optimal outcome for your petition. If you need more information about this measure for your case or that of your loved ones, feel free to contact us. We will provide professional guidance for your asylum application.
Member of the American Immigration Lawyers Association (AILA); the South Florida and the Latin American Chapter of AILA
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Credible fear interviews are conducted after an immigrant receives a deportation order and is detained by ICE. This interview will take place during the detention period, usually within 10 days following the transfer of the case to the asylum office. However, due to high demand, some interviews may take longer to schedule.
If the asylum officer determines that there is no reasonable or credible fear, you can still request a review before an immigration judge. However, if you choose not to or if the immigration judge confirms the negative decision in your case, ICE will proceed with the deportation. If the immigration court overturns the initial negative decision, you will be entitled to a full hearing. During this hearing, your eligibility for withholding or deferral of deportation will be assessed. If a favorable decision is made in your favor at this stage, you can continue to appeal to the Board of Immigration Appeals if your asylum or withholding case is not favorable.
There are two ways to appeal the denial of an interview. The first option is to request a review of your case before an immigration judge. The second option is to request a new interview at the asylum office. If a family member of yours was denied the interview, we recommend that you call our office immediately at 305-924-1133.
An immigration process can mean a significant change in your life, so we recommend that you have the help of experienced immigration attorneys. We have extensive experience in immigration appeals, credible fear interviews, interview denial appeals, asylum cases, visas, and more. Our immigration attorneys are prepared to represent you and protect your rights as an asylum seeker. To request a consultation with one of our advisors, call 305-924-1133.
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