Asylum Seekers Arriving in the United States
Individuals who arrive in the United States and request protection from persecution
may apply for asylum under U.S. immigration law. People seeking asylum may arrive
at an official port of entry, such as an airport or land border crossing, or they
may be apprehended after crossing the border without inspection.
Under U.S. law, a person may request asylum regardless of their immigration status
or method of entry. However, the procedures that follow can vary depending on how
and where the person arrives.
Arrival at a Port of Entry
A port of entry is a location where individuals may legally request admission to
the United States. These locations include international airports, seaports, and
land border crossings.
If an individual arrives at a port of entry and informs a U.S. Customs and Border
Protection (CBP) officer that they fear returning to their home country, the
individual may be referred for an initial screening to determine whether they
have a valid asylum claim.
Expedited Removal Process
Many individuals who arrive at the border without valid entry documents may be
placed into a process called expedited removal. This procedure allows immigration
authorities to quickly remove certain individuals who do not have authorization
to enter the United States.
However, if the individual expresses a fear of persecution or states an intention
to apply for asylum, immigration officials must refer the person for a screening
interview with a trained asylum officer.
Credible Fear Interview
The screening interview is known as a credible fear interview.
This interview is conducted by an asylum officer from U.S. Citizenship and
Immigration Services (USCIS).
During the interview, the asylum officer evaluates whether the applicant has a
“credible fear” of persecution or torture if returned to their home country.
A credible fear exists when there is a significant possibility that the person
can establish eligibility for asylum, withholding of removal, or protection
under the Convention Against Torture.
The officer will ask questions about the applicant’s background, the harm they
experienced or fear, and the reasons they believe they would be persecuted in
their home country. The interview may take place while the applicant is in
immigration detention.
Results of the Credible Fear Screening
After the interview, the asylum officer will make one of two determinations:
- Positive Credible Fear Determination – The applicant may proceed
with an asylum case before an immigration judge or through further asylum
processing. - Negative Credible Fear Determination – The applicant may be
removed from the United States unless they request review by an immigration judge.
Next Steps After a Positive Determination
If the asylum officer determines that the applicant has a credible fear of
persecution or torture, the case usually proceeds in one of two ways:
- The applicant is placed in removal proceedings and may present their asylum
claim before an immigration judge. - In some cases, the asylum application may remain with USCIS for a more
detailed asylum merits interview.
At the next stage of the process, the applicant may submit additional evidence,
testimony, and supporting documentation explaining why they qualify for asylum.
Legal Standard for Asylum
To qualify for asylum, an applicant must demonstrate that they are unable or
unwilling to return to their home country because of persecution or a well-founded
fear of persecution based on one or more protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
These categories are defined by U.S. immigration law and international refugee
protections.
Evidence in Asylum Cases
Asylum seekers may present evidence supporting their claim, including:
- Personal testimony describing past persecution
- Witness affidavits
- Medical or police reports
- Country condition reports documenting human rights abuses
- News articles or expert testimony
The immigration judge or asylum officer evaluates both the credibility of the
applicant and the supporting evidence when making a decision.
Importance of Legal Representation
Although individuals may apply for asylum without an attorney, immigration law
is complex and asylum cases often require detailed legal arguments and
documentation. Many applicants choose to work with an experienced immigration
attorney or accredited representative who can assist with preparing the case,
collecting evidence, and representing the applicant during interviews or court
hearings.
Summary
When asylum seekers arrive in the United States and express fear of returning
to their home country, they may be referred to a credible fear screening by
a USCIS asylum officer. If they demonstrate a credible fear of persecution,
they may pursue a full asylum claim before an immigration judge or through
further asylum processing. The asylum process is designed to determine whether
an individual qualifies for protection under U.S. immigration law and
international refugee principles.