Overcoming credible fear: finding hope and security in seeking asylum
- nidonylund
- Jan 26, 2023
- 4 min read
Asylum is a protection granted to people who cannot or do not want to return to their countries of origin due to a well-founded fear of persecution. It is a lifesaving measure that allows people to seek safety and protection in a new country. In the United States, asylum seekers must first pass a credible fear interview with an asylum officer, who will determine if they have a valid claim. This article will look at what credible fear is, why asylum seekers flee their countries, the challenges they face in the asylum process, and how they can find support.
Credible fear is the legal standard that a person seeking asylum in the United States must meet. It is the fear of being persecuted for reasons of race, religion, nationality, political opinion, or belonging to a certain social group. To be considered credible, the fear must be both subjectively and objectively reasonable. This means that the asylum seeker must show that they have a genuine fear of persecution and that their fear is factual and reasonable in the context of their country of origin.
When a person shows up at the US border and applies for asylum, they must pass a credible fear interview with an asylum officer. During the interview, the asylum officer will ask questions to determine if the person qualifies for asylum in the United States. If the asylum officer finds that the person's fear is credible, they will refer their case to an immigration judge who will make a final decision on their asylum status.
Asylum seekers are people who have fled their countries of origin for fear of being persecuted for reasons of race, religion, nationality, political opinion, or belonging to a certain social group. This fear can be due to various factors, such as armed conflicts, human rights violations, or government policies.
For example, people from Central American countries may flee due to gang violence, political instability, or natural disasters. People from the Middle East may be fleeing due to the ongoing conflicts in Syria, Iraq, and Afghanistan. And people from Africa may flee due to civil wars and political repression. In all cases, asylum seekers seek safety in a new country.
The asylum process can be a daunting and intimidating experience, as asylum seekers must navigate a complex legal system with language barriers, cultural differences, and strict policies. There are many challenges that asylum seekers face when applying for asylum, for example:
Language barriers: Asylum seekers often have a limited command of English, which can make it difficult for them to navigate the complex legal system.
Cultural Differences: Asylum seekers may not be familiar with the US legal system and may not understand the country's cultural and legal norms.
Documentation: Asylum seekers must present proof of identity and any supporting documents that demonstrate their fear of persecution.
Financial Constraints: The cost of the asylum process can be prohibitive for many asylum seekers, as they may lack the resources to pay for legal aid or other costs associated with the process.
Fear of the unknown: Asylum seekers may not be sure of their future in the United States, which can lead to feelings of anxiety and fear.
The asylum process in the United States consists of several phases beginning with the initial credible fear interview and ending with the final determination of the person's asylum status. Process steps include:
Initial Credible Fear Interview: This is the first step in the asylum process. During the interview, an asylum officer will ask the asylum seeker questions to determine if his or her fear is credible.
Deferred Action for Childhood Arrivals (DACA): If the asylum seeker is a child, they may be eligible for DACA, which provides protection from deportation.
Asylum Application: After the initial credible fear interview, the asylum seeker must file an application for asylum with the United States Citizenship and Immigration Services (USCIS).
Asylum Interview: After submitting the application, the asylum seeker will have an interview with an asylum officer to determine if they meet the eligibility requirements for asylum.
Asylum Hearing: If the asylum officer finds that the individual is eligible for asylum, they will be referred to an immigration judge for an asylum hearing.
Appeal: If the immigration judge denies the asylum application, the applicant has the right to appeal the decision.
In February 2020, the Department of Homeland Security (DHS) announced new rules for asylum seekers in the United States that take effect in 2022. The new rules limit the time asylum seekers can stay in the United States and require them to apply for asylum in the first safe country they arrive in. They also make it difficult to obtain work permits and limit access to public benefits.
The new rules have been widely criticized by advocates for asylum seekers, who argue that the restrictions will make it more difficult for people fleeing persecution to seek safety and protection in the United States.
Legal representation is essential for asylum seekers, as it can guarantee the protection of their rights throughout the asylum process. An experienced immigration attorney can help asylum seekers understand the process and build a strong case for asylum.
A lawyer can also advise on the best course of action and represent the asylum seeker in court. In addition, a lawyer can provide guidance on how to prepare for the asylum interview and can assist in the preparation of the asylum application.
Seeking asylum is a difficult and challenging process, but it is a necessary step for people fleeing persecution in their home countries. It is important to remember that asylum seekers seek safety and protection, and that they must be treated with dignity and respect.
The credible fear process is the first step in the asylum process, and it is essential that people understand their rights and the process. In addition, it is important that asylum seekers have access to legal representation, as it can help ensure that their rights are protected throughout the process.
For more information, call us at 713-678-0582 or 202-256-9541 for a free consultation with one of our immigration attorneys.
Comments