Foreigners applying for asylum at the United States port of entry must get past an initial background screening in order to actually present a complete and convincing asylum case to an immigration judge for a decision.
Many nonresidents of the U.S., attempt to enter the country without documentation or by using false documentation. The U.S. immigration laws require that they be placed in a deportation process known as “expedited removal,” in which they will be sent home without a hearing unless they request asylum. In response to the large number of these asylum seekers, the U.S. Department of Homeland Security (DHS) has implemented an interview process known as credible fear interview screening.
Instead of being immediately sent home, noncitizens or unlawful individuals who are in the country can apply for asylum or withholding or removal if they are able to establish a credible (believable) fear of persecution or torture if they returned to their home country.
You Will Be Facing Custom and Border Protection Officers
When a Custom and Border Protection (CBP) officer holds a noncitizen for not having the required immigration documents or for attempting to commit fraud to enter the U.S. CBP officers will ask whether the person has a fear of returning to their home country. A person who says “No” will be removed from the U.S. If the individual expresses a fear of persecution or torture, CBP officers will set up a credible fear interview with an asylum officer.
Getting Ready for the Credible Fear Interview
Detainees should be given a minimum 48 hours to prepare for the interview unless they relinquish their right for the waiting period. In most instances, the person must wait several days or even weeks before the interview takes place.
CBP agents who orchestrate the credible fear interview will receive notes about the date the person being interviewed entered the U.S., the place of entry into the U.S. and whether the person initially claimed fear of persecution or torture.
It is important for anyone who is being interviewed to keep detailed notes about his or her story and to be consistent in his or her testimony throughout the entire process. Few applicants have documents or other evidence of their claim, so the quality of their own testimony becomes crucial.
Tips for Getting Ready for the Credible Fear Interview Screening
Preparation for the credible fear screening process is critical. It is important that you do not hold back when discussing the details of your case with immigration officers. You may have come from a country where you cannot trust law enforcement or government officials. But interviewers and DHS attorneys may seek to disfavor your story if later on in the process you begin to add important details that you failed to include in your first interview.
Secondly, keep detailed notes about your experiences and fear of returning to your home country. Those details will help you remember the dates and other details and will help maintain consistency of your story.
Ultimately, if you get the opportunity, contact a local attorney before your credible fear interview to help you prepare for the interview process. Though it can be challenging finding a legal representative while in detention, use the list of free legal services that the government provides, contact family members and ask them to assist in finding an attorney who can reach you at the detention center.
An Immigration Attorney Will Fight For You
You have a better shot at obtaining asylum if you are able to get in contact with your nearest immigration law firm. An attorney will not only help you prepare for a credible fear interview but will also assist you in completing the required forms and will keep you and your loved ones updated. The Gambacorta Law Office will stand by you until the end of the asylum application process. Give us a call today at 1-847-786-2599.