News & Insights

1. What Is Expedited Removal?

Expedited removal is a fast-track process used by U.S. immigration officials to determine whether someone should be removed from the country without a full hearing before an immigration judge. It typically applies to individuals who:

• Entered without inspection (crossed the border without proper documentation).
• Are apprehended within 100 miles of the border and have been in the U.S. for less than 14 days.

In this process, your rights are limited compared to someone who has already been living in the U.S. for a longer time. You have no right to a full removal hearing unless you qualify for an exception, such as claiming asylum.

2. The Credible Fear Interview

If you express a fear of returning to your home country, you have the opportunity to undergo a credible fear interview with an asylum officer. This interview is your one chance to explain why you are afraid to return.

Key Points to Know About the Credible Fear Interview:

• Honesty Is Crucial: Be truthful and consistent in sharing your story.
• Be Clear and Specific: Explain your fear of persecution or harm in detail, using examples or incidents that support your claim.

Definition of Credible Fear:

Credible fear means a significant possibility that you could establish eligibility for asylum during a full hearing.

3. What Happens If You Pass the Credible Fear Interview?

• If the asylum officer determines that your fear is credible:
  • You will no longer be in expedited removal.
  • You will be allowed to make a full asylum claim.
  • You may be released to live with friends or family in the U.S. while waiting for your hearing.
  • You will attend a regular removal hearing before an immigration judge near your place of residence.

4. What Happens If You Fail the Credible Fear Interview?

• If the asylum officer determines your fear is not credible:
  • You may be issued an expedited removal order and returned to your home country.
  • You can request a review by an immigration judge, but this process is quick, and the judge often makes a decision based on limited information.
  • If the judge agrees with the asylum officer’s decision, your removal order will likely stand.

5. Tips for Preparing for a Credible Fear Interview

• Gather Your Thoughts: Think through your story and the specific reasons why you fear returning home.
• Know the Legal Standards: Credible fear must show a possibility of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• Seek Legal Advice: If possible, speak with an immigration attorney or advocate for guidance.
• Practice: Practice explaining your story clearly and concisely.

6. Rights and Next Steps for Women and Children

In many cases, women and children who pass the credible fear interview are released to live with relatives or friends while awaiting their court hearings. This release often includes certain conditions, such as checking in with immigration authorities or wearing an ankle monitor.