The two-step process will start with a Credible Fear Interview (CFI) conducted electronically at U.S. embassies, consulates or third party licenced facility. If the asylum seeker's claim is found credible, they will receive documents allowing legal entry into the U.S. for a court hearing to fully adjudicate their case.
The two-step process ensures the safety of asylum seekers by allowing them to apply from their home country or safe third country.
It also helps streamline the system, reduces pressure on U.S. borders, and ensures that only credible claims proceed to a in-country hearing.
Yes. If the asylum seeker's credible fear interview (CFI) is found to be credible, they will be given a court date in the US, issued entry documents, and a travel voucher to attend the formal asylum hearing .
By allowing applications from outside the U.S. and eliminating the need for dangerous travel, the new system will prevent asylum seekers from falling victim to human traffickers or other forms of exploitation. The process will be safer, more organized, and more humane.
Under 8 U.S. Code § 1158, Section (a)(1) of the Immigration and Nationality Act (INA), any individual physically present in the U.S. or arriving at a designated port of entry can apply for asylum. However, asylum seekers cannot apply from outside the U.S., forcing many to undertake expensive, dangerous and perilous journeys to apply for asylum. Years may go by before their case is heard.
By conducting initial screenings outside the U.S. and using technology for remote interviews, the new system aims to filter out non-credible claims early. This will free up resources and streamline cases that proceed, significantly reducing the backlog in U.S. immigration courts.
If an applicant's claim does not meet the criteria for credible fear, they will not be granted entry to the U.S. The decision can be appealed, but they must do so through the designated legal channels.