In recent times, it is quite common for many immigrants to arrive at the borders of the United States with the objective of entering the United States. In another blog we explained what happened when an immigrant tried to enter the country without having a document that authorized him to do so, a visa, an advance parole or a permanent residence. If the immigrant, upon arrival at the border, requests protection under the asylum laws, the immigration officers will conduct an interview to demonstrate that there is a basis for presenting the asylum process; this is the credible fear interview. In today's blog we will be explaining what it is and what to do during it.
The credible fear interview is nothing more than an interview carried out by the immigration officer at the border point to determine whether the person who wishes to enter the country to request asylum is afraid of persecution and torture in the event of returning to their home country. This first determination of credible fear forms the basis of the asylum claim.
The person in charge of conducting the credible fear interview is the immigration officer at the border point through which the immigrant wishes to enter the country. Since the procedure when trying to enter the country is to place the immigrant in an automatic deportation process, the credible fear interview is the first step in the application for asylum.
During this credible fear interview, the immigrant must prove that they have a high possibility of being able to present their asylum case in the immigration court, and that they also have a credible and well-founded fear of being a victim of torture, arrest, or aggression in their country of origin based on the categories to request asylum, or that they have already been a victim of similar actions by the authorities of their country.
The immigration officer conducting the interview has the final say in passing this credible fear interview, and the burden of proof falls on the applicant, who will have to demonstrate their fear of returning to their home country.
If the immigration officer denies the grounds for the credible fear petition, the immigrant will have to request that his case be heard by an immigration judge. If the immigrant does not make this request, they will be put into expedited deportation immediately. Once the immigration judge analyzes the bases of the immigrant's credible fear, if the judge decides that such fear does not exist, the immigrant will be immediately placed in deportation proceedings, since there is no appeal or review of the judge's decision ( some cases could be reviewed, but under exceptional circumstances).
The reasons that the immigration officer and / or judge might deny you credible fear are varied. If you have committed a serious non-political crime anywhere in the world, have tortured or persecuted someone anywhere in the world; has committed acts of terrorism, belongs to, helps or finances a terrorist organization, there is reason to believe that you may be a threat to national security, or its allegations were simply not coherent or convincing enough for the immigration officer or the judge, they could refuse to approve your interview, and they would place you in removal proceedings immediately.
If you need help with your immigration case, call us today so our experts can evaluate your case, and show you the best strategy to follow. The first consultation is free. In Y. Morejon Attorney, P.A. we work immigration cases, and we can help you with yours. At our firm, your problem is our problem.
Legal Disclaimer
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.