The Credible Fear Process

What does a credible-fear screening decide—and what does it not decide?

Credible-fear screening is an early protection screening used in some expedited-removal cases. It is not a full asylum hearing and does not decide whether a person will ultimately receive asylum. It asks whether there is a significant possibility the person could establish eligibility in a later proceeding.

What can trigger screening

A screening commonly occurs when a person placed in expedited removal tells an immigration officer that they fear persecution or torture, fear return to their country, or want to seek asylum. The officer refers the person for an interview with a USCIS asylum officer. Not every person apprehended without status follows this process; the applicable procedure depends on how DHS processes the case.

Reasonable-fear screenings are different. They can apply in certain reinstatement or other streamlined removal procedures. Do not assume that information about one screening applies to the other.

USCIS: Questions and Answers About Credible Fear Screening · USCIS: Reasonable Fear Screenings

The asylum officer conducts a screening interview

The asylum officer asks about the fear of return and the facts supporting it. The screening is focused and is not the same as a full merits interview or a hearing before an immigration judge. Tell the truth, explain what happened and why you fear return, and ask for clarification if you do not understand a question.

The legal standard for credible fear of persecution is a significant possibility that the person could establish asylum eligibility in a later merits interview or immigration-court proceeding. Credible fear of torture uses a significant-possibility screening tied to the separate more-likely-than-not torture standard. Passing the screening does not mean the person has proved the final claim.

USCIS: Questions and Answers About Credible Fear Screening

What can happen after a positive finding

A positive credible-fear finding allows the claim to move to a fuller review, but it is not an asylum grant. Under current USCIS procedures, some people may be scheduled for an Asylum Merits Interview with USCIS; others may receive a Notice to Appear and present asylum, withholding, or CAT claims to an immigration judge. The route can depend on current procedures and case circumstances, and the policy is subject to change. Screening may happen while a person is in custody, so ask for qualified legal help as soon as possible.

If the case goes to immigration court, the person must follow the hearing notice, file required applications on time, and attend every hearing. A judge makes a separate decision after considering the full record.

USCIS: Obtaining Asylum in the United States · Asylum process · Removal proceedings

What can happen after a negative finding

If the asylum officer finds no credible fear, the person may request review by an immigration judge. The request must be made promptly and according to the instructions given with the decision. The judge reviews the screening determination; this is a limited review, not a full asylum trial.

If review is not requested or the judge agrees with the negative finding, DHS may proceed with expedited removal. A person facing this result should ask for a qualified representative immediately and follow the written instructions. The Board of Immigration Appeals generally does not review credible-fear determinations.

USCIS: Questions and Answers About Credible Fear Screening · Find an immigration lawyer

Official sources

Related resources

This page is general information, not legal advice. Immigration rules, court procedures, and enforcement policies can change. Deadlines and options depend on your case and the notices you received. Talk with a qualified immigration attorney or DOJ-accredited representative about your situation.