We are open and available.  However, due to precautions related to COVID-19, we are temporarily unavailable for in-person consultations or meetings. We are accepting payments and documents ONLY at our Longmont location and electronically, and we have expanded our options for remote consultations and meetings. Our Aurora office is temporarily unstaffed and not accepting payments or documents. Please call or email us to schedule a phone consultation, video conference, or for assistance with submitting documents and payments.
  1. Home
  2.  – 
  3. Immigration Law
  4.  – What is credible fear and how can it impact immigration?

What is credible fear and how can it impact immigration?

| May 19, 2020 | Immigration Law

As you immigrate to the United States, some processes may be unfamiliar and confusing to have to go through.

One such process is the credible fear interview, where you will answer inquiries about persecution in your homeland.

What it is

In some instances, immigration questioning includes topics like fear of interrogation for information from third parties, or even torture. The definition of credible fear includes instances where you would be under significant physical threat of torture if you go back to the same area as before. The Convention Against Torture act allows for an official to reject your potential removal from the United States if you face torture when you return to your homeland.

Interviews

After seeking asylum, there will be an interview with a government official as you answer questions about your life situation. At this point, you will talk about what threats you face and state your case for why you should get covered under the credible fear act. However, some people may not feel comfortable doing this for fear of retribution from the people they are fleeing from.

The process

The Department of Homeland Security does pull aside each expedited person and ask for further details as you continue the process. The significance of these questions get explained to each person, and then you receive a list of trusted pro bono legal advisors you can choose from in order to help defend you.

From there, you must defend your case in court. Learning more about what to expect at the hearing and why fear of persecution is so specifically defined can help you build a convincing case for immigration.