Reasonable Fear Interview in Perris: Protection After a Prior Removal Order
Understanding the RFI process for individuals with previous deportation orders who face persecution
Quick Answer
For individuals in Perris who have previously been deported or have a prior removal order but face serious harm if returned to their home country, the Reasonable Fear Interview (RFI) provides a critical opportunity for protection. This specialized process allows those with prior orders to access Withholding of Removal or protection under the Convention Against Torture. SoCal Immigration Services helps Inland Empire residents navigate this complex process.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For individuals in Perris who have previously been deported or have a prior removal order but face serious harm if returned to their home country, the Reasonable Fear Interview (RFI) provides a critical opportunity for protection. This specialized process allows those with prior orders to access Withholding of Removal or protection under the Convention Against Torture. SoCal Immigration Services helps Inland Empire residents navigate this complex process.
What Is a Reasonable Fear Interview?
When Does RFI Apply?
- You have a prior removal order being reinstated
- You previously had expedited removal
- You re-entered the U.S. after being deported
- You express fear of harm if returned
Purpose of the Interview:
The asylum officer determines whether you have a reasonable fear of persecution or torture if returned to your country. If you pass, your case goes to Immigration Court for a full hearing.
Important Limitations:
Through the RFI process, you can only pursue:
- Withholding of Removal
- Protection under the Convention Against Torture (CAT)
You cannot pursue asylum through this process because a prior removal order bars you from asylum eligibility.
- •Screening for those with prior removal orders
- •Conducted by USCIS asylum officer
- •Determines if fear of return is reasonable
- •Leads to Immigration Court if passed
- •Only Withholding and CAT available, not asylum
- •Prior order remains in effect during process
- •Lower standard than full hearing
How You End Up in the RFI Process
Reinstatement of Removal:
If you were previously deported and returned to the United States without authorization, your prior removal order can be reinstated. This means:
- No new hearing is required to deport you
- The old order is simply put back into effect
- However, if you express fear, you get an RFI
Expedited Removal:
If you arrived at the border or were found near the border within 14 days of entry without proper documents, you may have been placed in expedited removal. If you expressed fear during that process, you should have received a credible fear interview. But if you had a prior order, you receive an RFI instead.
Expressing Fear:
At any point during the reinstatement process, if you tell an immigration officer that you fear returning to your country, you must be given a Reasonable Fear Interview. It is critical to express this fear clearly and promptly.
The Timeline:
1. You are encountered by immigration enforcement
2. Prior removal order is identified and reinstated
3. You express fear of returning
4. You are scheduled for a Reasonable Fear Interview
5. Interview conducted (usually within days to weeks)
6. Decision issued
- •Prior removal order reinstated upon return
- •Express fear to immigration officer
- •RFI scheduled instead of credible fear
- •Interview conducted by asylum officer
- •Usually happens relatively quickly
- •Detention is common during process
- •Clear expression of fear is essential
The Reasonable Fear Standard
The Legal Standard:
You must show a reasonable possibility that you would be persecuted on account of a protected ground OR that you would be tortured if returned to your country.
For Withholding of Removal:
You must demonstrate a reasonable possibility that:
- You would be persecuted
- Based on race, religion, nationality, political opinion, or membership in a particular social group
- By the government or groups the government cannot control
For CAT Protection:
You must demonstrate a reasonable possibility that:
- You would be tortured
- By or with the acquiescence of a government official
- No protected ground nexus required
What Reasonable Possibility Means:
This is a relatively low standard - lower than the more likely than not standard you would need to ultimately win your case. However, you must present a believable, coherent claim that shows real danger exists.
Credibility Matters:
The asylum officer will assess whether your account is believable and consistent. Even at this screening stage, credibility is important.
- •Reasonable possibility of persecution or torture
- •Lower standard than full hearing
- •Persecution must be on protected ground
- •Torture requires government involvement
- •Credibility evaluated at interview
- •Coherent, believable account required
- •Supporting evidence helps but not required
Preparing for Your Reasonable Fear Interview
Know Your Story:
- Be prepared to explain why you fear returning
- Identify who would harm you
- Explain why they would target you
- Describe any past harm you experienced
- Connect your fear to a protected ground if possible
Understand the Process:
- The interview is non-adversarial (no government attorney arguing against you)
- An asylum officer conducts the interview
- You will have an interpreter if needed
- You can have a lawyer present (but may be hard to arrange if detained)
- The interview usually lasts 1-2 hours
What to Bring:
- Any documents supporting your claim
- Evidence of past persecution
- Country condition evidence if available
- Medical records of injuries if applicable
- Photos or other corroborating evidence
Mental Preparation:
- Be honest and consistent
- Speak clearly and in detail
- Do not exaggerate or make false claims
- If you do not know something, say so
- Take your time to answer completely
- •Practice telling your story clearly
- •Gather any available evidence
- •Understand who would harm you and why
- •Connect fear to protected ground if possible
- •Be prepared to explain past persecution
- •Stay calm and speak clearly
- •Be honest even if details are difficult
- •Ask for interpreter if needed
What Happens During the Interview
Before the Interview:
- You will be taken to an interview room
- An interpreter will be provided if needed
- Your attorney can be present (if you have one)
- The asylum officer will introduce themselves
- You will be placed under oath
During the Interview:
*Opening Questions:*
- Basic biographical information
- Immigration history questions
- Questions about your prior removal
*Core Questions:*
- Why do you fear returning to your country?
- Who would harm you?
- Why would they harm you?
- What has happened to you in the past?
- What would happen if you returned?
- Is there anywhere in your country you could safely relocate?
*Follow-Up Questions:*
- Details about specific incidents
- Questions to clarify your account
- Questions about your protected ground
After the Interview:
- The officer may give you a decision orally
- Or the decision may come in writing later
- If you pass, your case goes to Immigration Court
- If you do not pass, you can request review by an Immigration Judge
| Phase | What Happens | Duration |
|---|---|---|
| Preliminaries | Oath, introductions, interpreter check | 10-15 minutes |
| Background | Bio information, immigration history | 15-20 minutes |
| Fear Claim | Why you fear return, past persecution | 30-60 minutes |
| Follow-Up | Clarifying questions, details | 15-30 minutes |
| Conclusion | Any final statements, next steps | 5-10 minutes |
Possible Outcomes of the RFI
Positive Finding (You Pass):
If the asylum officer finds that you have a reasonable fear of persecution or torture:
- Your case is referred to Immigration Court
- You will appear before an Immigration Judge
- You can apply for Withholding of Removal and/or CAT protection
- You will have a full hearing on the merits
- The prior removal order is temporarily held in place
Negative Finding (You Do Not Pass):
If the asylum officer finds that you do not have a reasonable fear:
- You can request review by an Immigration Judge
- This review must happen within a short timeframe
- The judge reviews the asylum officer's determination
- If the judge agrees, you may be deported
- If the judge disagrees, your case goes to Immigration Court
Requesting Judge Review:
You should almost always request Immigration Judge review of a negative decision. The judge takes a fresh look at whether your fear is reasonable. Many negative findings are overturned by judges.
Timeline Considerations:
This process often happens while you are detained, which adds urgency and stress. Having someone on the outside who can help gather evidence and coordinate with an attorney is valuable.
- •Positive finding sends case to Immigration Court
- •Negative finding can be reviewed by judge
- •Always request judge review if denied
- •Many negative findings are overturned
- •Full hearing happens in Immigration Court
- •Prior order held in place during proceedings
- •Detention often continues during process
- •Evidence gathering is important even after RFI
The Immigration Court Process After RFI
What You Can Apply For:
- Withholding of Removal (INA 241(b)(3))
- Convention Against Torture protection
- You CANNOT apply for asylum
Court Process:
1. Master Calendar Hearing - Initial appearance, set hearing date
2. Filing Deadline - Submit your application (Form I-589) and evidence
3. Individual Hearing - Present your case, testify, submit evidence
4. Judge's Decision - Oral or written decision on your claim
Burden of Proof:
At the full hearing, you must prove your claim by a preponderance of the evidence:
- For Withholding: More likely than not you would be persecuted
- For CAT: More likely than not you would be tortured
This is higher than the reasonable fear standard you met at your interview.
Key Differences from Asylum Cases:
- Prior removal order bars asylum
- Cannot get green card through Withholding or CAT
- No derivative status for family members
- Protection is country-specific
- Must meet higher standard of proof
- •Apply for Withholding and/or CAT
- •Asylum not available with prior order
- •Higher burden of proof at full hearing
- •Must prove more likely than not
- •File Form I-589 with evidence
- •Full hearing before Immigration Judge
- •Can appeal to Board of Immigration Appeals
- •No green card through these protections
Common Challenges in RFI Cases
Detention:
Most individuals in RFI proceedings are detained, which creates difficulties:
- Limited access to attorneys
- Hard to gather evidence from detention
- Stressful environment
- Family may not know where you are
Lack of Legal Representation:
There is no right to a free attorney in immigration proceedings. Many people face their RFI without legal help.
- Know your rights even without an attorney
- Ask family to contact immigration services
- Some nonprofits provide pro bono help
- Our team can help families prepare
Prior Removal Order:
The existence of your prior order creates limitations:
- Cannot apply for asylum
- Criminal re-entry charges possible
- Prior order affects credibility perception
- Must explain why you returned
Evidence Gathering:
Obtaining evidence while detained is difficult:
- Ask family to gather documents
- Country condition reports can be obtained
- Medical records from past persecution
- Contact witnesses who can provide statements
Trauma and Stress:
- Recounting persecution is painful
- Detention adds psychological stress
- Interpreters may not capture nuance
- Take time to tell your story fully
- •Detention limits access to help
- •No right to free attorney
- •Prior order bars asylum
- •Evidence gathering is difficult
- •Trauma makes testimony hard
- •Family support is crucial
- •Nonprofit help may be available
- •Clear communication is essential
Rights During the RFI Process
At the Interview:
- Right to an interpreter in your language
- Right to have an attorney present (at no cost to the government)
- Right to present evidence supporting your claim
- Right to make a statement about your fear
- Right to a fair evaluation by the asylum officer
If You Receive a Negative Decision:
- Right to request Immigration Judge review
- This request must be made promptly
- Right to a hearing before the judge
- Right to explain your fear to the judge
General Rights:
- Right to be free from torture or cruel treatment
- Right to contact your consulate (but you can decline if you fear your government)
- Right to make phone calls (rules vary by facility)
- Right to receive medical care
Important:
Exercise your right to request Immigration Judge review if you receive a negative finding. Many people who are initially denied pass after judge review.
- •Right to interpreter at interview
- •Right to have attorney present
- •Right to present evidence
- •Right to Immigration Judge review
- •Right to contact consulate (can decline)
- •Right to medical care
- •Right to phone calls
- •Right to fair evaluation
How Family Members Can Help
Immediate Steps:
- Find out where they are being held
- Contact an immigration service provider
- Gather any documents that could help their case
- Be ready to receive collect calls from detention
Evidence Gathering:
Family members can collect:
- Country condition reports and news articles
- Evidence of past persecution (photos, documents)
- Medical records if available
- Affidavits from people who know the situation
- Identity documents
Coordination:
- Stay in regular contact with your family member
- Share information with their attorney or representative
- Attend hearings when possible
- Prepare for potential bond hearings
Emotional Support:
- Regular communication is important
- Add money to commissary account if possible
- Send letters and photos
- Let them know you are working on their case
Contact Our Office:
SoCal Immigration Services helps families navigate the RFI process. We can:
- Evaluate the case based on available information
- Help gather and organize evidence
- Prepare family members to support the case
- Coordinate with the detained individual
- •Locate where family member is held
- •Contact immigration service provider
- •Gather evidence from home country
- •Collect country condition reports
- •Stay in regular communication
- •Add funds to commissary
- •Attend hearings when possible
- •Provide emotional support
Why Choose SoCal Immigration Services in Perris
Our Experience:
- Understanding of RFI procedures and standards
- Knowledge of Withholding and CAT protection
- Experience with detained individuals
- Familiarity with local Immigration Courts
Our Services:
- Case evaluation for detained individuals
- RFI preparation assistance
- Evidence gathering and organization
- Family coordination and support
- Immigration Court hearing preparation
- Appeal assistance if needed
Our Approach:
- Arabic and English speaking staff
- Compassionate understanding of trauma
- Responsive communication with families
- Coordination with detention facilities
- Thorough case preparation
Serving the Inland Empire:
We understand the fear and urgency of facing deportation to a dangerous country. Our team works quickly and thoroughly to give your case the best chance of success.
- •Experienced with RFI process
- •Arabic-speaking staff available
- •Help for detained individuals
- •Family coordination services
- •Evidence gathering support
- •Court hearing preparation
- •Appeal assistance available
- •Compassionate service
FAQFrequently Asked Questions
Q:What is the difference between a Credible Fear Interview and a Reasonable Fear Interview?
A: A Credible Fear Interview is for individuals without prior removal orders who are in expedited removal and can pursue asylum. A Reasonable Fear Interview is for individuals with prior removal orders whose orders are being reinstated. Those in RFI can only pursue Withholding of Removal and CAT protection, not asylum. The legal standard is also different - credible fear is a significant possibility of persecution, while reasonable fear is a reasonable possibility.
Q:Can I apply for asylum if I pass my Reasonable Fear Interview?
A: No. Even if you pass your RFI, you cannot apply for asylum because your prior removal order bars you from asylum eligibility. You can only apply for Withholding of Removal and/or protection under the Convention Against Torture (CAT). These provide important protection from deportation but do not lead to a green card.
Q:What happens if I fail my Reasonable Fear Interview?
A: If the asylum officer finds that you do not have a reasonable fear, you can request review by an Immigration Judge. You should almost always make this request. The judge will review your claim and determine whether you have a reasonable fear. If the judge agrees with the asylum officer, you may be deported. If the judge disagrees, your case goes to Immigration Court for a full hearing.
Q:How do I prepare for a Reasonable Fear Interview while in detention?
A: Preparation while detained is challenging but possible. Practice explaining your fear clearly and in detail. Think about who would harm you, why they would harm you, and what has happened in the past. If family can help, ask them to gather any evidence - country condition reports, news articles, documents, photos. Try to stay calm and be ready to tell your story honestly and completely.
Q:Can I have a lawyer at my Reasonable Fear Interview?
A: Yes, you have the right to have an attorney present at your RFI. However, because most people are detained during this process and there is no right to a free attorney, many people do not have representation. If family members can contact an immigration attorney or service provider, they may be able to arrange representation or at least help you prepare.
Q:How long does the Reasonable Fear Interview process take?
A: The timeline varies but is generally faster than other immigration processes. Once you express fear, you should receive your interview within days to a few weeks. The decision often comes the same day or shortly after. If referred to Immigration Court, the court process takes longer - usually several months, though it can be longer depending on the court's schedule.
Q:What if I have criminal charges for illegal re-entry?
A: Many individuals with reinstated removal orders also face federal criminal charges for illegal re-entry under 8 U.S.C. 1326. The RFI process is separate from any criminal case. Even if you are convicted of illegal re-entry, you may still be able to pursue Withholding or CAT protection if you pass your RFI. However, certain convictions can bar these forms of relief, so legal analysis is important.
Q:Can my family members be protected through my Reasonable Fear case?
A: Unlike asylum, Withholding of Removal and CAT protection do not provide derivative status for family members. Each person who fears persecution or torture must file their own claim and prove their own case. If family members are also at risk, they should pursue their own applications for protection.
Facing a Reasonable Fear Interview?
If you or a loved one has a prior removal order but fears returning to your home country, the RFI process is critical. Our Perris team helps individuals and families navigate this complex process. Contact us immediately for assistance.
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