Credible Fear Interview

What It Means

The credible fear interview is the initial asylum screening for noncitizens placed in expedited removal under INA section 235(b)(1) who express a fear of return to their home country. The statutory standard, at INA section 235(b)(1)(B)(v), requires the applicant to demonstrate a "significant possibility" that they could establish eligibility for asylum in a full INA 240 proceeding, a threshold that is deliberately lower than the ultimate asylum standard (well-founded fear) to account for the limited time and resources available at the screening stage. Separate screening standards apply for withholding of removal and Convention Against Torture protection under 8 CFR 208.30. USCIS asylum officers conduct the interviews, typically by phone from Custody and Border Patrol holding facilities along the southwest border or from ICE detention centers in the interior. The applicant has the right to consult with a person of their choosing, though counsel is not provided at government expense. Historical credible fear positive rates have ranged from roughly 70% to over 90%, though the rate has fluctuated with policy changes, including the 2023 Circumvention of Lawful Pathways rule, which established a rebuttable presumption of asylum ineligibility for most applicants who did not schedule appointments through CBP One or seek protection in a transit country, and applied a heightened "reasonable possibility" screening standard for those subject to the presumption. Negative credible fear determinations may be reviewed by an immigration judge under 8 CFR 208.30(g)(2). The interview is a critical gatekeeping mechanism for the U.S. asylum system and a frequent subject of litigation and policy change.

Frequently Asked Questions

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