We answer readers' questions about "Credible Fear" and political asylum in the United States.

While a short time ago the "wet foot, dry foot" policy was the lifeline for all Cubans entering the United States illegally, it goes without saying that the situation has changed substantially.

Following Cuban immigration reform, a process that allowed any Cuban to travel abroad, many more islanders suddenly had the opportunity to reach the United States and apply for residency. In response to this, and especially to the crisis that occurred in Costa Rica with hundreds of Cubans stranded waiting to enter the United States, it was only natural that Obama would end that policy at any moment, as he did at the end of his term, amid the thaw between the United States and Cuba.

Then, Donald Trump's hardline policies have placed ever greater barriers to Cuban emigration, whether legal or irregular, leaving virtually only one option for those who manage to reach the U.S.-Mexico border: to allow themselves to be arrested and claim "credible fear," a popular phrase that very few understand. We'll talk about this, and particularly about how this condition is demonstrated, today, answering some of the questions our readers have asked us.

YunierM: I don't quite understand what the differences are between political asylum and credible fear.

Answer: Requesting asylum is the right granted to any person who arrives at the US border and can demonstrate that there are reasons why they cannot return to their country of origin, due to a credible fear of persecution.cucion or torture.

It must be understood that it is not enough to request asylum arguing that you suffer or could suffer persecucion or torture, in and of itself, will not automatically guarantee your permanence or that you will not be deported. Rather, it is the beginning of a process that can lead to asylum or deportation, in the best and worst cases, respectively.

Irina: What is meant by “credible fear” in the United States?

Answer: There are different categories such as “credible fear of persecution”cuc"ion" which is a possibility that you have to demonstrate in an oral hearing, before an immigration judge, that if you are returned to your country, you will be persecuted for reasons of race, religion, nationality, or for belonging to a group or association, or for professing a certain political opinion.

On the other hand, the “credible fear of persecution”cuc“ion” is equivalent to you being able to demonstrate before an immigration judge that you would be tortured if you were deported to your country of origin.

LeitoDelCerro: What is that interview like to demonstrate credible fear?

Answer: Let's start by explaining that this interview is conducted based on the fear that a person expresses of returning to their country of origin due to persecution.cucions, harassment, imprisonment or torture.

Before the credible fear interview at the border, a preliminary interview is conducted with a CBP (Customs and Border Protection) agent. This agent must determine whether or not credible evidence of fear exists in your case.

Essentially, this agent determines whether the immigrant can proceed to the second level. However, if you disagree, you can appeal, as we'll see later.

The next level, and what many consider the decisive moment in the process, is the famous credible fear interview, which will be conducted by an Asylum Officer from the USCIS (U.S. Citizenship and Immigration Services).

It's simply an interrogation to understand how you're doing in your country of origin, and above all, to check whether you've been persecuted, imprisoned, or tortured. If the asylum officer approves you, you then receive a hearing before the immigration court, where you can then apply for asylum in the United States.

Boris: Do officers themselves conduct credible fear interviews?

Answer: As we explained before, asylum officers will interview you as long as you've completed all the steps correctly. First, you must explain to Customs and Border Protection (CBP) that:

1. You wish to apply for asylum
2. What does Perseus fear?cucion or torture
3. Who fears returning to his country.

If you present this situation and properly explain why you fear returning to your country, the CPB will detain you and must provide you with information about the "credible fear" process.

Upon arrest, and within 48 hours of arriving at the detention center, you will be provided with documentation about the process and a list of low-cost or even free legal counsel. You will then be interviewed by the Asylum Officer.

Manuel: What do I do if I am stopped at the border and the officer does not accept my credible fear evidence?

Answer: If you are detained upon entering the United States and the asylum officer does not find that you are under “credible fear” of persecution,cucion or torture, you can request that an immigration court review your circumstances.

On the contrary, if you do not request such a review before the immigration judge, Immigration and Customs Enforcement (ICE) may immediately remove you from the United States.

AP Méndez: What happens if I entered through Canada and not Mexico?

Answer: If you are from Canada, the competent authorities will have to decide whether you should apply for protection in Canada and not in the United States. For more information on this topic, read the "US-Canada Safe Third Country Agreement."

CubanitoRK: Who will make the final decision about my case?

Answer: The asylum officer does not make a final determination about whether you are subject to a mandatory bar to asylum or waiver of removal. They will only identify whether there are any conditions in your case that disqualify you from asylum or waiver of removal.

You will not be able to rely on credible fear if:

1. There is defensible evidence that you are a real threat to the national security of the United States of America.
2. There are compelling reasons to presume that you committed major non-political crimes outside the United States.
3. Presumption that he has been involved in terrorist activities, or has incited such activity, or that he belongs to such an organization.
4. He is an ex-convict, after committing a higher-degree crime.
5. You have persecuted other citizens for racial, religious, national, social group, or political reasons.
6. He was living in another country for a long period of time

WandaB: What if the asylum officer determines that I have “credible fear” when I arrive?

Answer: In this case, you will not have the last word either; the Asylum Officer simply determines that you suffer from a “credible fear” of persecution.cucion or torture, and as such will refer you to an Immigration Judge so that after the oral hearing he can address your request and then decide.

WandaB II :What will the Immigration Judge require of me?

Answer: Provide as much evidence as you have on hand to demonstrate that you are eligible for political asylum or other protection within the United States.

You may be interested:

If you want to immigrate to the United States: What should you know about the new asylum rule?

How to apply for asylum at the US border based on "credible fear"?

The United States interrupts its asylum interviews with Cuban emigrants.