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Fear screenings in the U.S.: CFI & RFI in 2025
CFI (credible fear) and RFI (reasonable fear) are front-end screenings under INA §235(b)(1) expedited removal. They evaluate risk of persecution or torture and determine whether a case proceeds to an Asylum Merits Interview (AMI) with USCIS or to an Immigration Judge (EOIR). Standards differ: for CFI it is a significant possibility of success; for RFI it is a reasonable possibility of persecution/torture.
“Credible fear” means a significant possibility the applicant will establish eligibility for asylum, withholding, or CAT at a full merits stage. A positive CFI can lead to AMI with USCIS or a hearing before an Immigration Judge (EOIR).
How the fear interview works: step by step
1) Initiation
Upon apprehension, if the person expresses fear, USCIS conducts CFI/RFI screening. A positive CFI may remain with USCIS for an Asylum Merits Interview (AMI).
2) Interview
Often by phone/video with an interpreter. Officers assess facts, nexus to a protected ground (race, religion, nationality, PSG, political opinion) or CAT torture risk; prior removal/criminal history is key for RFI.
3) Determination
Positive: AMI (USCIS) or EOIR hearing. Negative: limited-time review by an Immigration Judge; if affirmed, removal may follow.
4) Timelines
Timing depends on USCIS/EOIR workload. AMI can accelerate some positive CFI cases, yet court backlogs remain high.
CFI vs RFI: key differences
Practice: preparation, rights, and what to do after a denial
CFI/RFI process — steps
Encounter & fear expression
If the person expresses fear during expedited removal processing, the case is referred to USCIS for CFI/RFI screening.
USCIS interview
Interview (often phone/video) with an interpreter. Officers assess past harm or risk, nexus to a protected ground, or CAT risk; prior orders/criminal history are relevant to RFI.
Determination
Positive (CFI): AMI with USCIS or EOIR. Positive (RFI): EOIR for withholding/CAT.
If negative
Request IJ review within the short deadline. If affirmed, removal may follow; USCIS may reconsider if substantial new evidence arises.
Outcome: positive
- CFI → AMI (USCIS) or EOIR;
- RFI → EOIR (withholding/CAT).
Outcome: negative
- Ask for IJ review within the deadline;
- Short memo: factual/legal errors, any new evidence.
What makes a stronger claim
Facts & nexus
Specify actors, dates, places, and link harm/risk to a protected ground or CAT; explain why internal relocation is unsafe or unreasonable.
Evidence & consistency
Medical records, police/court filings, threats, media, witness statements. Cross-check names/dates/locations; explain discrepancies promptly.
Counsel & interpreter
Right to counsel at own expense and a free interpreter. Prepare a brief timeline and key exhibits.
This material is for information only and is not legal advice.
