What is credible fear?

On Behalf of | Nov 24, 2019 | Firm News

For those in Georgia seeking asylum, the process may seem complicated at first. When you are in expedited removal proceedings, you may be able to see an immigration judge to screen whether you have a credible fear of persecution or torture. What is credible fear? The USCIS has a clear definition of credible fear. 

Credible fear of persecution means that there is a significant possibility that if you return to your country that you will face persecution because of your nationality, religion, race or membership to a social group. A credible fear of torture means the same, except that you fear torture for the same reasons. 

If CBP subjects you to expedited removal, you will need to tell officers that you are in fear of persecution, that you want to apply for asylum and that you fear any return to your country. An asylum officer will take your case and you will be subject to an interview. He or she will make his or her determination and if he or she finds that you have a credible fear, then he or she refers your case to an immigration judge. This will result in a full hearing where you can also seek legal representation. 

If in the unfortunate case that the asylum officer does not find a credible fear, you can still request that the case go under review from an immigration review. Do not forget to ask for a review of your case or you could face deportation. 

The above information is to educate on credible fear during the asylum process, it is not to be interpreted as legal advice. 



FindLaw Network