Although many people assume that credible fear and reasonable fear are essentially the same thing, there are subtle differences that you need to be aware of if you plan to petition for asylum.
Claiming Asylum
Individuals who claim asylum in the United States must prove that they have a well-founded fear of future persecution in their country based on the following:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
The asylum seeker doesn’t necessarily need to have experienced persecution in the past to establish a well-founded fear of persecution, but only has to prove that there is a pattern of persecution against people who are similar to them.
Credible Fear Interviews
Whether you are an affirmative or defensive asylum applicant, you will need to attend a credible fear interview with an asylum officer. The purpose of the interview is to pre-screen asylum seekers and to ask questions that will establish whether the applicant will likely be persecuted if they return to their home country.
If the applicant can establish credible fear, then they will be allowed the opportunity to plead their case in front of an immigration judge. However, it is important to note that there aren’t any set standards for proving a significant possibility of persecution.
Reasonable Fear Screenings
Individuals who are subject to deportation from the U.S because they are aggravated felons or have prior orders of removal reinstated must attend reasonable fear screenings. If the asylum officer finds an individual’s claims to be valid, then they are eligible for withholding of removal. Applicants must prove that there is a reasonable possibility they will be persecuted or tortured if sent back to their country of origin. Similar to credible fear, there is no mandatory bar for reasonable fear candidates.
Consult with an Asylum Attorney Today
Our lawyers at Musa-Obregon Law PC are committed to advocating for the rights of our immigrant clients. We strive to deliver top-notch legal representation and offer a wide range of services to ensure our clients have the best representation possible. If you or a loved one needs assistance petitioning for asylum, then please reach out to our law firm today.
Give us a call at (888) 502-8461 to schedule your case evaluation with a member of our firm.