Thinking about Advance Parole for studying abroad?

SORRY, this post is no longer accurate, given the results of the November 2016 presidential election.  We don’t know what President-elect Trump will do, but given the statements he has made, no DACA recipient should count on getting back into the U.S. after January 20, 2017.  DO NOT GO ANYWHERE with (or without) Advance Parole […]

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Necessary and impossible: effective interviewing practices.

Use open-ended questions. YES, even in a detention center. YES, even when you’re in a hurry. 1. Be aware of personal space. Respect your narrator’s personal space. Make yourself comfortable, too. If you need to pull back from someone who is “in your face,” do so. Be aware that people have different expectations about what […]

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Ask for credible or reasonable fear interview

Sample simple Credible OR Reasonable Fear Interview Request A woman or child can give this to her deportation officer, and the officer should forward it to the Asylum Office. REDACTED Request for credible fear interview to Asylum Office for child old Return to Credible and Reasonable Fear Interviews in the context of family detention

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Children and credible fear interviews? WHAT?

Why are we even talking about children and credible or reasonable fear interviews?? We don’t normally think about children and these interviews. When children come alone, they are not in the immigration process, but as Unaccompanied Minors. As you know, between 2009, when the last bout of family detention ended, until June, 2014, ICE had […]

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“Passing” or “failing” a credible fear interview

By “passing,” we mean that an Asylum Officer had found that a person had demonstrated a significant possibility of establishing, at a full merits hearing, at least a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, OR a probability of torture in which the government […]

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“Passing” or “failing” a reasonable fear interview

We say that someone has “passed” her reasonable fear interview when she has convinced an asylum officer, usually by sharing a detailed and consistent narrative of what happened to her in her home country and why she is afraid to go back, that there is a “reasonable possibility” that she will be persecuted (on the […]

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Expedited removal (in the context of family detention)

Expedited Removal is the process by which Customs & Border Protection (CBP) or Immigration Control & Enforcement (ICE) may summarily execute an order of removal of a person without that person having any right to counsel or seeing an immigration judge, UNLESS person asks for asylum or expresses fear of removal. Expedited Removal can take […]

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Why the credible or reasonable fear interview is critical

A “positive fear finding” by an Asylum Officer stops the Expedited Removal or Reinstatement of Removal high-speed express train. It allows the woman to apply for asylum, withholding of removal, and/or deferral of removal under the Convention Against Torture (CAT), if she has moved off the “Expedited Removal” tracks. It allows a woman on the […]

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Do children have credible fear or reasonable fear interviews?

– Yes, a child has a right to her or his own interview – However, the Asylum Office has not typically conducted these interviews, and as of November 2014, Asylum Office was declining to interview children, who were present with their mothers. – By December, 2014, the Asylum Office began to grant credible fear interviews […]