Credible Fear Interview
A credible fear interview (CFI) is a threshold screening conducted by a USCIS asylum officer to determine whether an individual who has been placed in expedited removal has a credible fear of persecution or torture if returned to their home country. The standard is whether there is a "significant possibility" that the person could establish eligibility for asylum — a relatively low bar compared to the full asylum standard.
The process typically begins when someone is apprehended at or near a U.S. border and expresses a fear of returning to their country, or indicates an intention to apply for asylum. They are then referred for a credible fear interview, which usually takes place while the individual is in detention.
During the interview, an asylum officer asks about the individual's background, the harm they experienced or fear, and the reasons they cannot return. The interview is non-adversarial — there is no government attorney present — and the applicant may have a consultant (though not necessarily an attorney) present.
If the asylum officer finds that the individual has a credible fear, they are placed in full removal proceedings before an immigration judge, where they can apply for asylum, withholding of removal, or protection under the Convention Against Torture. If the officer does not find credible fear, the individual can request review by an immigration judge, who makes an independent determination.
Historically, credible fear passage rates have been relatively high — often 70-80% or more — though they fluctuate with policy changes and adjudication standards. Critics debate whether the standard is appropriately calibrated: some argue it is too easy to pass, while others contend it is a necessary safeguard to prevent refoulement (returning someone to a country where they face persecution).
Related Terms
Asylum
Protection granted to individuals who can prove they face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Must be applied for within one year of arrival (with exceptions).
Withholding of Removal
A form of protection similar to asylum but with a higher burden of proof ("more likely than not" persecution). Does not provide a path to a green card and only protects against removal to the specific country of feared persecution.
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
CBP (Customs and Border Protection)
The DHS agency that patrols U.S. borders, operates ports of entry, and processes encounters with people entering or attempting to enter the U.S. without authorization.