NOTE: This information is from JUNE 7, 2024. We try to update it when there are important changes but it could have changed because U.S. immigration laws change quickly. This information is educational and is not legal advice.

What is in this article?

• What is a Credible Fear Interview?
• How to get a Credible Fear Interview
• What is the Process for Credible Fear Interviews?
• What happens during the interview?
• What Kinds of Fear and Facts Are Relevant in a Credible Fear Interview?
• Why Might an Officer Say You Are Not Eligible for Asylum Even Though You Express Fear?
  

People at the U.S.-Mexico border can be deported very  quickly if they do not show they are allowed to apply for asylum or other status. This process is called “expedited removal”. To decide if a person can even stay in the United States long enough to apply for asylum or other status, the U.S. government gives interviews called Credible Fear Interviews (CFIs) or Reasonable Fear Interviews (RFIs). Most of the time, these interviews are given when a person says that they are afraid to return to their home country. 

What is a Credible Fear Interview?  

A Credible Fear iInterview is a meeting between a person and an officer of the United States. In this meeting, the person explains why they are afraid to return to their country. 

Many times, a credible fear interview is the first step to protect a person’s right to apply for asylum or other status like “withholding of removal” or “protection under the Convention Against Torture.” 

How to get a Credible Fear Interview 

To get a credible fear interview, you need to tell an officer from the United States right away that you are afraid to return to your home country. The officer will not ask if you are afraid – you must say that you are afraid. You should tell the truth when talking about your fear to return home.  It is important that you do not wait for an officer to ask directly if you are afraid to return. You should tell this to the first U.S. government officer that you speak to and maybe other officers later too.

Saying that you are afraid to return should give you the chance to have a Credible Fear Interview or Reasonable Fear Interview. This interview is a first step to try to apply for asylum or other status in the United States.

What is the Process for Credible Fear Interviews?

Credible Fear Interviews or Reasonable Fear Interviews are done by a government official called an Asylum Officer. The Credible Fear Interview will not be video-taped or audio-recorded or shared with anyone outside of the U.S. government. If you are deported,  the U.S. government will not share what you said in the interview with your country’s government.

Many adults who speak Spanish and who entered the United States without permission are having their Credible Fear Interviews while they are detained in CBP custody. CBP (or U.S. Customs and Border Protection) is an agency of the United States. Interviews are done over the phone and happen very quickly after the person is detained - sometimes within just a few hours. People who are waiting for an interview should be given an opportunity to make a phone call. In the phone booths, there should be a list of free lawyers they can try and contact. Someone waiting for an interview should request a phone call during typical business hours (Monday-Friday, 9AM-5PM). They should call them so that they can receive advice, but the interviews are moving so fast that it may be impossible to speak with a lawyer. Someone can request a reschedule of their interview should they want more time to speak with a lawyer, but the interviewing officer might not choose to allow them extra time.

Other adults will have their interview in ICE (U.S. Immigration and Customs Enforcement) custody. Interviews are done over the phone, and can happen within days or weeks. People in ICE custody should have access to public phones and private legal visitation calls. Officers at the ICE detention centers should be able to provide a list of free lawyers in the area.

Some parents entering  with minor children are told to do their Credible Fear Interviews outside of custody and after they move to the city where they will live in the United States. This is called the Family Expedited Removal Management Program (FERM) and interviews are scheduled very quickly, sometimes within days. We strongly recommend calling a lawyer before going to this interview.  

Click HERE to find a list of private immigration lawyers.

Click HERE to find a list of free immigration lawyers.

What Happens during the Interview?

A credible fear interview has 3 to 5 parts, depending on how you entered the country. Here are some of the questions:

1. Basic questions about you  (for example, your age, home country, and nationality).
2. Questions about why you are afraid to return to your country and, sometimes, if you are also afraid to return to Mexico. 
3. Questions about your past - for example, if you committed a crime, harmed another person, or are a terrorist. 
4. If you entered without an appointment, you may also be asked why you couldn’t use the CBP One app. 
5. If you entered without an appointment or without permission, you may also be asked about important facts that might help you qualify for asylum even though most people who enter this way are not eligible for asylum. For example:
   • If you experienced a recent, serious medical emergency or violence in Mexico that prevented you from waiting for an appointment
   • If you were recently threatened with severe harm in Mexico that prevented you from safely waiting for an appointment
   • If you have ever been a victim of human trafficking

As of June 2024, it will no longer matter if you speak a language not available on the CBP One App or if you could not use the App due to a technical error or difficulty.It also may not matter whether you applied for and were denied asylum in another country. This is because a June 2024 rule makes most people who enter without appointments ineligible for asylum. You can still tell an official you are afraid and try to qualify for other status such as withholding of removal or protection under the Convention Against Torture if you enter on or after June 5, 2024 without an appointment. For more detail, see this article about what is going on at the border after the June 2024 rule.

During an interview, you have to convince the asylum officer that you have a good chance of winning your case in order to even be allowed to stay in the United States and apply for status. If the officer believes you have shown the required chance of winning, then, you can stay in the United States and apply for asylum or other status in court, before an immigration judge. 

Reasonable Fear Interviews

Reasonable Fear Interviews are similar to Credible Fear Interviews but are harder to pass. Most of the time, the government gives them to people who were deported from the United States before and now want to enter the country again. Generally, these people do not qualify for asylum, but if they pass the interview, they are allowed to stay and apply for other protections from deportation in court, such as withholding of removal or protection under the Convention Against Torture. Withholding of removal or protection under the Convention Against Torture are limited forms of immigration status for people who can show it is more likely than not that they would be persecuted or tortured if deported. These statuses prevent deportation but do not offer the same long-term benefits as asylum.

As of June 2024, the difference between Credible Fear Interviews and Reasonable Fear Interviews has become very confusing. If you entered the United States at the Mexican border without an appointment on or after June 5, 2024 and say that you are afraid to return home, you will receive a Credible Fear Interview. However, to pass the interview you will need to show nearly a 50% chance of winning a case for withholding of removal or protection under the Convention Against Torture. With only certain exceptions, you will not be eligible for asylum. For more information about the June 2024 rule, see here.

What Kinds of Fear and Facts Are Relevant in a Credible Fear Interview?

To pass a Credible Fear Interview, you have to show that you have a good chance of winning your case.  To qualify for asylum, you have to show that you suffered persecution (or serious harm) OR that you have a valid fear of suffering persecution in your home country. To qualify for withholding, you have to show that you are more likely than not to suffer persecution in the future if forced to return.

Persecution includes physical harm, sexual abuse, other types or harm, or serious, credible threats of harm. The harm has to be because of something related to your identity like your political opinion, race, religion, your sexual orientation, etc. General violence or poverty does not qualify you for asylum. 

Sometimes, the Credible Fear Interview will focus on the harm you suffered or fears in Mexico (instead of, or in addition to, the harm suffered or feared in your home country), even if you are not from Mexico. This is because people of some nationalities - including Cuba, Haiti, Nicaragua, and Venezuela - can be deported to Mexico instead of their countries of origin. 

More information about asylum can be found here.

Why Might an Officer Say You Are Not Eligible for Asylum Even Though You Express Fear?

You can fail the interview when the officer believes: 

1. Your story is not credible
2. The harm is not bad enough
3. The harm is not for a protected reason. For example, the harm happened because of general violence in your home country and not because of something related to your identity like your political opinion, race, religion, etc. 

Even if you do not qualify for asylum, you can still qualify for other protections from deportation called “Withholding of Removal” or relief under the Convention Against Torture (CAT). To qualify for “Withholding of Removal”, you have to show there is more than a 50% chance you will suffer persecution or harm for the same protected reasons required for asylum.  

To qualify for relief under the Convention Against Torture (CAT), you have to show there is more than a 50% chance you will suffer torture if deported. You also have to show the government in your home country would torture you or would ignore who is torturing you. 

To be allowed to stay in the United States long enough to apply for CAT or withholding protections, you have to pass the Reasonable Fear Interview by showing it is very likely (but not more likely than not) that you will qualify for that status if you are allowed to apply. 

To learn more about what happens after a CFI, including how to ask for review if there is a negative decision, please see this article.