Stage 4: Understanding the Judge's Decision
Requesting & Completing a Credible Fear Interview
What is a credible fear interview?
A credible fear interview (CFI) is a screening process used by the United States government to assess whether an asylum seeker has a genuine and serious fear of returning to their home country. It is usually the first step in requesting asylum and typically takes place shortly after a person arrives in the United States.
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To qualify for a credible fear interview, a person must:
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Enter the U.S. without legal entry documents (such as a visa or parole document), or be stopped at a port of entry (like a border crossing or airport) by an immigration official, and
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Tell a U.S. immigration officer that they are afraid to return to their home country.
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Once someone expresses fear, they should be referred to an asylum officer who will conduct the credible fear interview. The officer asks detailed questions to determine whether the fear is:
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Serious and believable, and
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Based on a protected ground under immigration law such as race, religion, political opinion, nationality, or membership in a particular social group (e.g. LGBTQ+ individuals, survivors of domestic violence, etc.)
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If the asylum officer finds that the person has a credible fear, they are allowed to continue with a full asylum application in immigration court.
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Important Note: Policy Changes and Why It Matters Now
In the past, credible fear interviews were generally conducted at the time of entry or shortly afterward. However, as immigration policies and enforcement priorities shifted under different presidential administrations, many recent arrivals (2020 – 2025) were not given CFIs upon entry. Instead, they were issued a Notice to Appear (NTA) and placed directly into removal proceedings in immigration court.
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Now, under the Trump administration, there is a noticeable increase in case dismissals and expedited removals .
If you did not receive a credible fear interview when you entered the United States, and your case has been dismissed or you are taken into detention, it is critical that you immediately express your fear of returning to your home country to immigration authorities.
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Clearly and firmly stating your fear can trigger the credible fear process and help protect your legal right to seek asylum.
How do I request a credible fear interview?
If you are afraid to return to your home country, it is very important to speak up and clearly express your fear to immigration authorities as soon as possible. This is how you begin the process of requesting a Credible Fear Interview (CFI).
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You can request a credible fear interview at any point when you are:
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At the border or a port of entry (like an airport or land crossing),
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In U.S. Customs and Border Protection (CBP) custody,
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In Immigration and Customs Enforcement (ICE) detention,​
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You should clearly say “I am afraid to go back to my country.” Repeat this loudly and often.
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Make sure to be persistent. If the officer ignores or dismisses your fear, repeat it. Don’t give up.
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If You Are Already in Detention or Immigration Court
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If you were not given a credible fear interview when you arrived and are now in detention or are facing dismissal of your case, or expedited removal, you should tell any immigration official immediately that you are afraid to return and that you are requesting a credible fear interview.
How do I succeed at a credible fear interview?
The credible fear interview is your chance to explain to an asylum officer why you are afraid to return to your home country. Although officers are supposed to ask follow up questions based on your answers, they are often rushed or looking for reasons to deny your case. That’s why it’s up to you to clearly tell your story, in your own words, with as much detail as possible.
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Your goal is to show not only that you’re afraid, but also that your fear is connected to a protected ground—such as your race, religion, nationality, political opinion, or membership in a particular social group (for more information on particular social group visit….).
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What to Say When Asked If You’re Afraid
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When the officer asks why you’re afraid to return, it’s best to give a brief but clear summary of your fear. Think of 2–3 sentences that explain what you fear, who you fear, and why you fear it. This helps the officer know what to ask about in more detail.
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If You’ve Been Harmed in the Past
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If you were harmed in your home country, you must describe:
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What happened,
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When it happened,
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Who harmed you,
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What was said or done during the harm. If they called you racist names, slurs, or other bad words, use the words they said. This can help show the motivation behind why you were harmed.
The officer will also ask if you reported the harm to the police or government. If you did not, explain why—especially if the authorities were involved in the harm and/or the police are corrupt or ignore people like you.
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Be specific. Don’t just say “everyone knows the police are corrupt.” Instead, give a personal example—for instance, if a friend, family member, or neighbor who reported something to the police and then faced retaliation or the report was ignored.
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If You Haven’t Been Harmed Yet, But Are Afraid You Will Be
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If you haven’t been hurt in the past but fear being harmed in the future, explain:
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Why you fear this harm,
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Who might hurt you,
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What has happened to others like you, and
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Why the government will not protect you.
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Again, use examples based on personal knowledge or direct experience whenever possible.
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Be Ready to Answer: “Why Can’t You Live Safely Somewhere Else in Your Country?”
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The officer may ask this question more than once. Be prepared to explain why nowhere in your country is safe for you. If you’ve already tried moving and were still threatened, say so. If the people who want to harm you have connections across the country, explain that too. If your country has tribal or clan based villages where newcomers are investigated and questioned, say that. Asylum officers are not experts on your country of origin, so they do not know the complexities of why you cannot live somewhere else in your country.
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Tips to Remember
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Tell your story clearly, using real examples—include dates, names, threats, injuries, and specific events.
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Explain why you personally are in danger, not just that your country is violent
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Mention if the police or government refused to help you or were involved in the harm.
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Be consistent. If you’re nervous, take a breath. Stick to what you know and remember.
If you don’t remember something, say so. Do not guess at an answer.
What is a reasonable fear interview?
A reasonable fear interview is generally a process for ….
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individuals who were previously ordered removed from the United States, who were removed from the United States, and who upon reentry to the United States are subject to a reinstatement of that previous order of removal.
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A reinstatement of removal is executed by the issuance of the Form I-872 Notice of Intent/Decision to Reinstate Prior Order of Removal.
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It is also for individuals, who are not legal permanent residents, who have committed one or more aggravated felonies after his or her admission to the United States, and he or she is subject to an administrative order of removal.
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An Administrative Order of Removal is executed by the issuance of the Form I-851A.
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If you are subject to a Reinstatement of Removal or an Administrative Order of Removal, but you are afraid of persecution or torture upon return to your home country, upon expressing that fear you will be entitled to a reasonable fear interview.
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Being subject to a Reinstatement of Removal or an Administrative Order of Removal means you will have more limited options for relief.
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You will not be eligible to apply for asylum
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You may still be eligible to apply for:
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withholding of removal, or
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Protection under the Convention Against Torture (CAT).
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A grant of withholding of removal or deferral of removal only ensures you will not be returned to your country of feared persecution or torture. You could still be removed to a third country, if that country accepts you. If you are able to remain in the United States, you will not have a path to a green card or citizenship. Further, if you are granted withholding of removal or deferral of removal your spouse or children cannot derive anything from your status.
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A reasonable fear interview is conducted to determine if you are eligible to apply for withholding of removal or deferral of removal. A reasonable fear interview is similar to a credible fear interview, in how they are both conducted, and how each one is requested. An asylum officer also conducts a reasonable fear interview; however, a reasonable fear interview is subject to a higher screening standard. In a reasonable fear interview, you must establish a “reasonable possibility” of persecution or torture which is the same standard used in asylum cases to establish a well-founded fear.
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If an asylum officer finds you have established a reasonable fear, the case will be referred to an Immigration Judge for a full hearing. The Immigration Judge will only consider whether you are eligible for withholding or deferral of removal. You will not be allowed to apply for any other forms of relief.
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If an asylum officer finds you have not established a reasonable fear, you have the right to request an Immigration Judge review the decision.. If you don’t request for the Immigration Judge to review the asylum officer’s negative decision, ICE will remove you from the United States.
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If you request a review of the decision, and the Immigration Judge agrees with the asylum officer’s negative decision, ICE will still remove you from the United States. However, it is always best to request an Immigration Judge to review a negative decision of an asylum officer. Asylum officers don’t have the same legal training, and as such, they do not always have the same understanding of the law as Immigration Judges. Sometimes asylum officers will make mistakes or make decisions which are contrary to the law. The Immigration Judge is there to catch those mistakes and reverse those decisions when necessary. To make sure you are being afforded the rights you are entitled to, you should always request for an Immigration Judge to review a negative decision. If upon review, the Immigration Judge disagrees with the asylum officer’s negative decision, the Immigration Judge will reverse the asylum officer’s decision.
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If that happens, the Immigration Judge will place you in proceedings to determine if you are eligible for withholding of removal or deferral or removal only and you will be scheduled for a hearing.
How do I request a reasonable fear interview?
The process of requesting a reasonable fear interview is similar to requesting a credible fear interview. Which is to say, if you fear persecution or torture upon return to your home country, it is very important to tell an immigration officer. It is important to note, an immigration officer no longer has to ask you if you are afraid to return to your home country. This means you must tell the immigration officer about your fear, even if they do not ask. If you do not say you are afraid you will not receive a reasonable fear interview, and you may be removed without being given a chance to talk about your fears.
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You can ask for a reasonable fear interview at any time. If you are in ICE detention or CBP custody, you should clearly state that you are afraid to return to your home country. . You can even insist you are afraid to return to your home country, and you have a legal right to have an interview with an asylum officer. Say it clearly, firmly, and repeatedly until it is understood that you are afraid to return to your home country and need to have a reasonable fear interview.
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If you are detained, it is especially important to keep telling immigration officers that you are afraid to return to your home country. If you are detained, and upon expression of your fear, ICE should refer your case to an asylum office within 10 days after you have expressed a fear to schedule an interview. However, if you are serving a prison sentence for a criminal violation, if it is a long sentence, you might not get a reasonable fear interview until close to the end of your criminal sentence.
Stage 4 Questions
Stage 3: Understanding the Judge's Decision​
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What are the different decisions that the judge could make?​​
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What does it mean if the government offers you one of these alternative options?
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How long do I have to appeal the judge's decision?
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What are my options if my appeal is unsuccessful?
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What is an order of removal or order of deportation?
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What happens if I enter the US again after I am deported?
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Can I voluntarily self-deport?
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How do I contact a loved one who is in detention?
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Requesting & Completing a Credible Fear Interview
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What is a credible fear interview?
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How do I request a credible fear interview?
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How do I succeed at a credible fear interview?
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What is a reasonable fear interview?
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How do I request a reasonable fear interview?