Questions & Answers: Credible Fear Screening
Individuals Seeking Asylum
If the asylum officer does not find that you have a credible fear of persecution or torture, you may request that an IJ review that determination. If you do not request review by the IJ or the IJ agrees with the determination, Immigration and Customs Enforcement (ICE) may remove you from the United States.
For more information, see the “Obtaining Asylum in the US” link to the right.
Q. Under What Circumstances Do Asylum Officers Conduct Credible Fear Interviews?
If you say you fear return, CBP detains you and provides you information about the credible fear process.
After you are detained, you will be given:
If you are arriving from Canada, we will decide if you must seek protection in Canada instead of the United States. More information about this process can be found in the “U.S. - Canada Safe Third Country Agreement” link to the right.
Q. What is a Credible Fear of Persecution?
Q. What Is a Credible Fear of Torture?
Q. Are There Any Mandatory Bars to Establishing a Credible Fear of Persecution or Torture?
You may not be granted asylum or withholding of removal if:
See Sections 208(b)(2)(A) and 241(b)(3)(B) of the Immigration and Nationality Act (INA) and 8 CFR 208.16(d). If a mandatory bar applies, but you establish that you will be tortured in the country of return, the Immigration Judge will grant you deferral of removal. See 8 CFR 208.17.
Q. What Will Happen if the Asylum Officer Finds I Have a Credible Fear?
Q. What Will Happen Before the Immigration Judge?
The Immigration Judge will consider whether you are barred from a grant of asylum or withholding of removal. If a bar applies, but you established that you would be tortured in the country of return, the Immigration Judge will grant deferral of removal.
Q. What Will Happen if the Asylum Officer Does Not Find a Credible Fear?
Last Reviewed/Updated: 06/18/2013