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What Is ‘Credible Fear’ in an Asylum Interview?

The journey is far from over for many people who arrive in the United States seeking protection. If you have arrived at the border or a port of entry without proper documents, you may be placed in an expedited removal process. Before you can even begin to make your asylum case, you must pass a critical screening interview. This first step is called a credible fear interview, and it is one of the most vital moments in your immigration journey.

Understanding what ‘credible fear’ means and what happens during this interview can feel overwhelming, especially when you are in a new country and facing an uncertain future. At Gilliam Law, we are passionate about demystifying this process. Everyone deserves to understand their rights and how best to present their case. This interview is your first chance to tell your story, and we want you to be prepared.

What Does “Credible Fear” Actually Mean?

The legal standard for “credible fear” is specific. According to U.S. immigration law, there is a “significant possibility” that you could establish your eligibility for asylum. This is a lower standard of proof than what you will need to win your full asylum case later. At this stage, you do not have to prove your entire case; you only have to show that your claim is believable and has a solid chance of succeeding.

Think of it as a preliminary screening. The U.S. government is trying to determine if your fear of returning to your home country is legitimate enough to allow you to proceed with a complete asylum application before an immigration judge.

The Credible Fear Interview Process

You will be detained after you arrive in the U.S. and express a fear of returning to your home country. A U.S. Citizenship and Immigration Services (USCIS) asylum officer will then be scheduled to conduct your credible fear interview. For many individuals held in or near Chicago, this interview is often conducted over the phone while you are still in custody.

The interview is not a formal court hearing. It is a sworn statement where the asylum officer will ask you questions about your identity, your journey to the United States, and, most importantly, why you are afraid to return to your country. It is your opportunity to explain the harm you have suffered or the danger you believe you will face.

What Is the Asylum Officer Looking For?

During the interview, the asylum officer will seek to determine if your testimony meets the credible fear standard. They are looking for a few key things:

  • Is your fear believable? You need to give a clear, consistent, and detailed account of the situation. The officer will assess your credibility based on how you respond to the questions.
  • Is there a real possibility of harm? You must show that the harm you fear is serious. It could be physical violence, torture, unjust imprisonment, or other severe violations of your human rights.
  • Is the harm connected to a protected ground? This is a critical legal point. Your fear of harm must be connected to one of the five protected grounds for asylum: your race, religion, nationality, political opinion, or membership in a particular social group. You must show that you would be targeted for one of these reasons.

You must articulate not just that you are scared, but who you are scared of and why.

How to Prepare for Your Interview

While you will have very little time to prepare, there are things you can do to present the strongest possible case.

  1. Be Honest and Consistent: The most important thing is to tell the truth. Do not exaggerate or invent details. Any inconsistencies can be used to damage your credibility.
  2. Be as Detailed as Possible: Provide specific examples. Instead of saying “I was threatened,” explain who threatened you, when they threatened you, what they said, and why you believe they targeted you.
  3. Explain Why You Cannot Be Safe at Home: The officer will want to know if you could move to another part of your country to be safe. You should be prepared to explain why that is not a safe option.
  4. Try to Stay Calm: This is incredibly difficult, but try your best to answer the questions clearly. It is okay to be emotional, but make sure you communicate your story’s key facts.

Why You Need the Help of a Skilled Lawyer

Facing a government interview alone, especially from a detention center, can feel hopeless. The asylum officer who interviews you is trained to spot inconsistencies and weaknesses in a story. Immigration attorneys in Illinois bring a unique and powerful perspective to these critical moments.

They know what questions officers will likely ask and what they seek in your answers. This insight enables them to help you prepare you for your interview, enhancing the chances of a favorable outcome. They can help you understand how to tell your story clearly and persuasively, focusing on the details that matter most from a legal standpoint.

We Are Here to Fight for You

Your credible fear interview is the gateway to your asylum case and future in the United States. You do not have to face this challenge by yourself. At Gilliam Law, we are passionate about defending the rights of immigrants and asylum seekers.

The dedicated Illinois immigration lawyers on our team are passionate about using this experience to give you the best possible chance of passing this crucial first hurdle. Contact us at 866-511-3422 if you or a loved one is facing a credible fear interview in Chicago, and we will use our unique insight and experience to help you.

 

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