Comprehensive Overview of Immigration Law (COIL) Practice Exam

What may occur if Marie expresses a fear of return to Haiti at the port of entry?

1. She will be charged with criminal activity

2. She may be allowed to stay without further procedures

3. She will undergo a credible fear interview

4. She will be returned to Haiti immediately

The correct answer is: She will undergo a credible fear interview

When an individual like Marie expresses a fear of return to her home country at a port of entry, the correct process involves her undergoing a credible fear interview. This procedure is part of the asylum application process, which is triggered when someone indicates they fear persecution or harm if they return to their country. During the credible fear interview, an immigration officer assesses whether Marie has a significant possibility of establishing eligibility for asylum. This means that they will evaluate her claims of danger and persecution to determine if they warrant further review. If the officer finds that her fear is credible, she may be allowed to apply for asylum and potentially remain in the United States. The other outcomes described do not align with the standard practices in immigration law regarding individuals expressing fear of return. For example, being charged with criminal activity is unrelated to the circumstances of expressing fear during processing at a port of entry. Likewise, being allowed to stay without further procedures is not typically the case; there are specific procedures that need to be followed. Lastly, immediate return to Haiti would not occur if Marie has expressed fear, as that would contradict the legal obligations to assess those claims properly.