With the reopening of the southern border of the United States after the pandemic, and the repeal of the Migrant Protection Protocols (MPP), every day more immigrants are arriving at the borders of the United States. In today's blog we want to give a brief overview of what to expect when you present yourself at a border point in the United States. The explanations and advice on this blog are general, since each case is particular, and your experience may be different.
First, know that, if you want to enter the United States, without having the necessary documents that authorize entry to the country, be it a visa, an advance parole, an entry authorization, or a Green Card, immigration will automatically put you in deportation proceedings. Anyone who tries to enter the country without being authorized to do so will be subject to an expedited deportation or removal process.
If you are a victim of violence, threats, torture, mistreatment, arrests, and other actions against yourself, your family, for reasons of your race, ethnicity, religion, nationality, political opinion, or for belonging to a social group; then you can apply for asylum when entering the border. For more information on the asylum process, and how to apply, visit our blog and our YouTube channel.
The first step in the asylum process is going to be the credible fear interview. The credible fear interview is conducted at the border point, by an immigration officer, to determine if there are grounds for the asylum claim. Its objective is to show that the applicant is afraid to return to his country of origin because he has been a victim of violence, threats, torture, mistreatment, arrests, and other actions against his person, or his family, for reasons of his race, ethnicity, religion, nationality, political opinion, or belonging to a specific social group.
Once the credible fear interview is completed, the immigration officer conducting it decides whether to approve it or not. If it is approved, the next step will be to make a determination on whether the immigrant will request asylum while in detention, or if it will authorize them to enter the country so that they can present their asylum application from within the United States. In the event that the immigration officer denies the credible fear, the immigrant will have the right to request that the judge review the officer's decision. If the judge determines that, if there is a credible fear, then it will be the judge's authority, also, to determine whether to release the immigrant or keep him / her detained during their asylum process. Against the judge's decision, there is no right of review or appeal (unless there are special circumstances).
Both the immigration officer and the judge can order your release from the detention center. But for this the immigrant will have to request it. Release from the detention center may be authorized either on parole, under your own recognizance, by bail, or supervised release (referring to the shackle).
Once released from custody, you must submit your application for asylum. Many immigrants have the misconception that the credible fear interview and asylum application are the same process, and they are not. You will have one year to present the complete and substantiated asylum application, in front of the court that is hearing your case, and in front of USCIS.
If you need help with your immigration process, do not hesitate to call us. In Y. Morejon Attorney, P.A. the first consultation is free. We will evaluate your immigration case and help you obtain the benefit you are looking for. In Y. Morejon Attorney, P.A. We provide personalized advice, and we understand how delicate each process can be. In our office, your problem is our problem.
Legal Disclaimer
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.
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