66 Members of Congress Request Stopping Credible Fear Screenings By CBP
Coming to the United States under duress, as is usually the situation for asylum seekers, is a tough position to be in. And figuring out how to navigate one’s position within the United States immigration system at the same time can make the possibility of gaining access to the country seem impossible. This is especially true if a non-citizen in this position also does not know the English language and cannot clearly communicate with officials or understand the rules and what they need to do.
Under the Immigration and Nationality Act (INA), certain noncitizens may be determined to be inadmissible to the country by the Department of Homeland Security (DHS). These individuals who are inadmissible will be immediately removed from the country. Though, if a noncitizen is applying for asylum because they are in great fear of being persecuted or tortured should they have to go back to their home country, they may avoid removal and, instead, be admitted into the country.
Suppose you have questions about coming to the United States and are unsure how to do so and what your options are. In that case, the Atlanta refugee and asylum attorneys at Shirazi Immigration Law Inc. can help. Admission to the U.S. might not be out of reach, and a pathway to lawful entry could exist.
Credible Fear Screenings for Asylum Seekers
If you have indicated that you fear returning to your home country because you believe you will be mistreated and victimized, then your fears must be validated by an asylum officer. This happens by way of a Credible Fear Screening.
When an asylum screener interviews you and they decide that your fears are real and believable, then a couple of things can happen.
- You may have to go on to a second interview. The results of this additional interview will determine if your removal will be withheld and if you will be granted asylum.
- You may be given a Notice to Appear in court before an immigration judge (IJ). The IJ would decide if you can stay and if you will be given asylum.
On the other hand, should your screening result in finding that your fear of persecution is not credible, then it is your responsibility to request that the IJ review this determination. If you fail to do so, you may be removed. If the IJ reviews your case and upholds a negative credible fear determination, you can also be removed in this situation.
As you can see, the outcome of the credible fear screening is a big deal for non-citizens wanting asylum. This is why several congressional leaders recently asked the Biden administration to stop making immigrants who are in the possession of U.S. Customs and Border Protection (CBP) be put through such stressful interviews soon after they are in custody. The congressional leaders claim that doing so is unfair and inhumane, and does not allow for asylum seekers to have the benefit of due process.
Call an Atlanta Immigration Attorney Today
If you have questions or need assistance navigating the U.S. immigration system, the Atlanta, GA, immigration lawyers at Shirazi Immigration Law Inc. can assist you.
For a consultation to discuss your needs and case, please call Shirazi Immigration Law Inc. today at 404-523-3611.