What Should I Do If A Family Member Is Detained Crossing Into USA Without Permission?

If your loved one’s from Mexico, more than likely, he or she’s going to be simply picked up, turned around and sent right back home. However, if he or she is from any other country in the world, then he will be placed into what’s called the “expedited removal” process.

Expedited removal is a process by which the government detains you and then it contacts your home country to get you a passport or travel document. Once the passport is obtained then you’re simply put on the next flight home and sent right back to your home country. The only way to get out of the expedited removal process is to request asylum in the United States or to express fear of returning to your home country.

The way to request asylum in the United States is to express fear of returning to your home country and request what’s called a “credible fear” interview. You need to do this at every opportunity because a lot of the agents that are processing individuals entering the United States have so many cases to handle that they may not initially take your case seriously if you are saying that you’re afraid, so it’s important to repeat and insist that you need a credible fear interview and that you should not be sent home to your home country.

In the credible fear interview, you’ll have a chance to talk to an asylum officer about your case. You’ll be able to explain why you’re afraid, who you’re afraid of, what’s happened to you that’s made you afraid, whether your family has been harmed, whether the government can protect you from future harm or whether you can return and live in any other part of the country.

You may be able to have an deportation attorney present at a credible fear interview. However, most likely the attorney will only be able to be present by telephone. This is because most of the detention centers in the United States are located in remote areas. The attorney may be far away and will not have time between the time he or she is notified of the credible fear interview to travel to the detention center to actually be physically with you. However, he or she can be present by telephone and sometimes this is very helpful.
Documents are not required at the credible fear interview. However, it can be helpful if you do have documentation regarding your claim, such as police reports, newspaper articles, letters from friends or family about what’s happened, etc.

Having a positive credible fear interview doesn’t give you asylum in the United States. However, it does give you the opportunity to ask for asylum before the immigration judge. It is the immigration judge, not the immigration officer, in these cases that can grant asylum. So most of the time, if your credible fear interview has a positive outcome, you’ll be allowed to exit detention and present your case before the court after you’ve had some time to prepare it with evidence, documentation, and testimony.

What’s most important about the credible fear interview is to be truthful and thorough. You don’t want to leave out major events that have occurred that left you feeling fearful for your life in your home country. Try to remember to include everything that you possibly can, that resulted in you having fear of returning to your home country and needing asylum in the United States. However, don’t exaggerate your story or embellish your story. Be as truthful as possible so that later when you present your asylum case to the court, it matches as closely as possible the story that you told the officer during the credible fear interview.

Crossing the Texas-Mexico border without a visa is extremely dangerous. The best way to request asylum in the United States if you need protection here, is to simply approach the immigration agents that work on the international bridge between Texas and Mexico, rather than trying to cross in illegally into the United States. Such crossings have resulted in many deaths and do not help your case. What’s best for your case is to simply request asylum from the Mexican side of the border to the immigration agents that work on the bridge. Please be careful and let us know if we can help.

Jennifer Walker Gates On G+