CREDIBLE FEAR INTERVIEW VS REASONABLE FEAR INTERVIEW

The asylum officer will first ask you questions about your background. Then, they will ask about your fear of returning to your home country. You will give a reason for your fears, then answer follow-up questions.

Then, they will ask why you are being persecuted. They will ask questions related to persecution based on your race, ethnicity, religion, nationality, political opinion, or membership in a certain group. It’s important to note that if you cannot tie your asylum request to persecution based on one of those categories, your request will likely be denied. Additionally, if your answers are inconsistent in any way, these inconsistencies may be used to discredit you.

Then, your interviewer will ask whether or not you have faced mistreatment or torture by an official government organization in your home country. Additionally, they will ask if there are any mandatory bars that would prevent you from applying for asylum. This includes whether or not you have committed any aggravated felonies.

Finally, the interviewer will summarize the proceedings before allowing you to make any additional comments. The interviewer should also ask your attorney if they have any questions for you. Once the interview is over, they will determine whether or not your story merits a finding of credible or reasonable fear.

What Is Credible Fear?

Credible fear has been defined to mean that, taking into account the credibility of the statements made by the person in support of their claim and such other facts as are known to the interviewing officer or immigration judge, there is a significant possibility that the person could establish eligibility for asylum, withholding, or CAT.

Credible fear is a believable fear of prosecution or torture that a detained non-citizen faces upon return to their home country. In contrast to reasonable fear, credible fear applies to non-citizens who have not been previously removed from the country. It is an easier standard to meet than the standard for reasonable fear.

When Do Credible Fear Interviews Take Place?

Credible fear interviews occur after you have been placed into expedited removal and then into ICE detention. Your interview will occur while in detention, within 10 days after your case is referred to the asylum office. Though, some interviews have been taking longer to schedule, given the backlog of requests.

Preparing for the Credible Fear Interview

Having an experienced immigration law firm prepare you for your interview can make the difference between staying in this country or being returned to your country of origin. We often hear from people who have already had their interviews, and they were not even aware. They are told they have a phone call and think nothing formal is happening, but an asylum officer is actually interviewing them on the other side of the country.

With the help of your attorney, you can prepare for your credible fear screening process and increase your chance of successful approval. Upon being retained, we schedule a visit with you or your loved one to explain to them the credible/reasonable fear process and the standard being adjudicated by the asylum officer.

We also notify the asylum office that we would like to be present during the actual interview. In our numerous years of experience, we have found that the best way to prepare is a mock interview. One of our experienced team members can play the role of the asylum officer and ask the questions likely to be asked during the interview. This will give you or your loved one an opportunity to understand how best to present their case to the asylum officer.

Before the interview happens, the asylum officer will read the notes they have regarding your situation. Often, they know very little about your case, so you must be prepared to tell your entire story again. If you originally claimed asylum, you need to keep all of your facts and details straight. We recommend writing down your story to maintain consistent testimony throughout the process. It is rare for applicants to have ample documentation or concrete evidence of their claims, so a high-quality testimony is crucial.

While you only have 48 hours to prepare, you will likely have more time to prepare than that. In many cases, detainees will wait days or weeks before their interview happens. The sooner you hire an experienced law firm, the longer you or your loved one can prepare for your interview.

What Happens After a Credible Fear Interview?

After a credible fear interview, the interviewer can make one of two findings: positive or negative. A positive finding means that there is a reasonable or credible fear of persecution or torture if the individual returns to their country of origin. At this point, they may attend an asylum merits interview and apply for asylum before an immigration judge. This begins the asylum process.

A negative finding means that there is no reasonable or credible fear of persecution or torture if the individual returns to their country of origin. At this point, they may appeal the decision to an immigration judge. If they choose not to appeal, or if the appeal is unsuccessful, they may be subject to deportation or removal proceedings.

Can You Appeal a Credible Fear or Reasonable Fear Interview?

In general, there are two ways in which you can appeal an interview denial. The first option is requesting a review of your case by an immigration judge. The second is requesting a new interview from the asylum office. Our office has successfully gotten negative reviews overturned in front of an immigration judge. If your loved one’s interview was denied, please call our office immediately at 602-910-4040.

How to Pass a Credible or Reasonable Fear Interview