This page covers one stage of an affirmative asylum case: the interview with a USCIS asylum officer. For the three ways asylum is decided, the one-year deadline and the fees, see asylum for Guatemalans in the US. For how a reschedule or a missed interview affects your work-permit count, see the 180-day asylum clock.

Quick summary:

  • An interview is no longer certain. Since July 28, 2026 (interim final rule, 91 FR 47101), an asylum officer may refer an affirmative case to an immigration judge without an interview in the situations the rule lists. DHS says the rule only applies to people who do not maintain a lawful basis to remain in the United States.
  • Bring your own interpreter if you cannot do the interview in English. USCIS provides none, except for people who are deaf or hard of hearing.
  • To reschedule, call 1-800-375-5283 before the interview, on the day, or within 10 days after missing it, and show exceptional circumstances.
  • Missing it can lead to dismissal (if you keep a lawful basis to stay) or referral to immigration court (if you do not).
  • No decision on the day. USCIS gives it later, at the asylum office or by mail.

This page does not apply to an Asylum Merits Interview after a positive credible fear finding, or to a defensive case already in immigration court. The USCIS process page excludes both from its affirmative steps.

Since July 28, 2026: referral without an interview

DHS published the interim final rule Affirmative Asylum Referrals Without Interview on July 28, 2026, effective the same day. It adds 8 CFR 208.9(a)(2). Under it, an asylum officer may refer an affirmative application to an immigration judge without interviewing you, based on a review of the record and other relevant evidence. The rule’s summary says “USCIS still offers an interview prior to a grant or denial” of asylum. DHS also says that filing an application “does not guarantee an interview with USCIS”.

PointWhat the rule says
When an officer may refer without interviewWhen the applicant is barred from applying for asylum, barred from a grant of asylum, does not merit a grant as a matter of discretion, or is not eligible on the merits of the claim (8 CFR 208.9(a)(2))
Who it applies toDHS says the rule only applies to people who do not maintain a lawful basis to remain in the United States
Who it does not affectInterviews where the applicant is not barred, not ineligible on the merits and may merit a grant as a matter of discretion; and interviews where the applicant maintains a lawful basis to remain
Is referral mandatory?No. DHS says the rule permits but does not require it, and does not stop USCIS from complying with legislation or settlement agreements that require interviews
Cases already pendingDHS applies the change to affirmative applications already pending with USCIS and to new filings
Referral letterMust still state the basis for the referral. The credibility assessment is now required only in denial letters (8 CFR 208.19)
CommentsDHS took written comments until September 28, 2026

In the rule’s preamble, DHS adds two points for pending cases:

  • Supplementing your file. Applicants with pending cases can supplement their application on their own if they have evidence they have not yet submitted. DHS said it was considering a request for evidence or a public web alert to remind pending applicants of this.
  • Interview waiver notices. DHS says the Asylum Division may still issue revised notices where an application was filed 10 years after the last entry or has no entry date. Earlier versions said that not signing the waiver would result in an interview. DHS says the rule applies to people in the backlog who may already have received one.

A Federal Register search for the rule’s title on October 22, 2026 returned the interim rule and one correction published August 31, 2026, which fixes a cost-benefit table. It returned no final rule.

When USCIS schedules interviews

USCIS says it schedules affirmative interviews on two tracks at once.

  • First track: newest cases first. USCIS says it generally follows this priority order:
    1. Cases whose interview was rescheduled at the applicant’s request or for USCIS needs.
    2. Applications pending 21 days or fewer.
    3. All other pending applications, from newer to older.
  • Second track: oldest cases first. USCIS says it assigns some of its asylum officers to the backlog, starting with the oldest applications.

You can send an urgent scheduling request in writing to the asylum office with jurisdiction over your case. Asylum office directors may consider it case by case. If you live far from an asylum office, USCIS says the interview may be at a circuit ride location, which it describes as often a USCIS field office. The scheduling page was last updated March 29, 2024, before the 2026 rule.

What to bring

BringDetails (USCIS)
IdentificationAny passports you have, other travel or identity documents, and Form I-94 if you received one on arrival
Original documentsThe originals of birth certificates, marriage certificates or other documents you filed with your I-589
A copy of your I-589Plus any material you submitted, in case the asylum office is missing something
InterpreterIf you cannot continue in English (rules below)
Spouse and children under 21Only those you included as derivatives when you filed, with their own identity, travel or supporting documents
Certified translationsEvery document not in English needs an English translation the translator certifies as complete and correct, and the translator must certify they are competent to translate that language into English
Attorney or representative (optional)At no cost to the US government. You and the attorney or representative must file Form G-28

You must list every family member on the I-589, but USCIS says only the family members you included as derivatives need to come to the interview.

Interpreter rules

  • USCIS provides no interpreter, except for applicants who are deaf or hard of hearing. They can submit a disability accommodation request online before the interview.
  • Your interpreter must be at least 18 and fluent in English and a language you speak fluently (8 CFR 208.9(g)).
  • These people cannot interpret for you:
    • your attorney or representative;
    • a witness testifying for you;
    • a representative or employee of your country’s government.
  • If you cannot speak English and do not bring a competent interpreter, USCIS cancels and reschedules the interview and treats it as a delay caused by you. If you have filed Form I-765 and there are outstanding delays you caused, USCIS says it will deny the I-765.
  • USCIS uses contract interpreters by telephone to monitor your interpreter. They may interject if the interpretation is not adequate, accurate and neutral.

For interpreters in immigration court, which follows different rules, see Mayan-language interpreters in US immigration court.

If your attorney cannot come

Filing a G-28 does not stop the asylum office from going ahead without your attorney. If the office denies your reschedule request and the attorney is unavailable, you can do one of two things:

  • sign a waiver and do the interview without the attorney; or
  • accept referral to immigration court, which USCIS treats as a failure to appear.

USCIS says you are responsible for making sure your attorney or representative is there. For free or low-cost help, it points to EOIR’s list of free legal service providers by state, its Avoid Scams page and your local office. See also how to avoid notario fraud.

What happens at the interview

  • Length. USCIS’s preparation page says the interview will generally last at least an hour. Its process overview says about 1 hour. Both say the time may vary by case.
  • Oaths. You take an oath to tell the truth, and your interpreter takes an oath to interpret accurately.
  • Questions. The officer verifies your identity and asks biographical questions, the reasons you are applying, and questions about any bars to asylum.
  • Witnesses. You may bring witnesses to testify for you.
  • Confidentiality. What you say is confidential. In general it cannot be shared without your written consent or the Secretary of Homeland Security’s authorization, with the exceptions in 8 CFR 208.6.
  • Closing statement. At the end, you and your attorney or representative can make a statement or add information.

USCIS says: “A decision on your case will not be made at the asylum interview”. The officer then decides three things:

  • whether you are eligible to apply;
  • whether you meet the refugee definition in INA section 101(a)(42)(A);
  • whether a bar under INA section 208(b)(2) applies.

A supervisory officer reviews that decision.

Rescheduling: the exceptional circumstances standard

How to ask. Call the USCIS Contact Center at 1-800-375-5283 before the interview, on the day, or within 10 days after you failed to appear. Give the reason and any evidence. USCIS answers in writing.

What counts. You must show exceptional circumstances. USCIS cites the examples in INA section 240(e)(1):

  • battery or extreme cruelty to you or your child or parent;
  • serious illness of you or your spouse, child or parent;
  • the death of your spouse, child or parent.

The list is not closed, and each case is weighed on its facts. USCIS adds: “Less compelling circumstances will not be classified as exceptional circumstances”.

What to send. A written explanation that describes the circumstances in detail, within 10 calendar days of a missed interview. Include supporting documents, such as medical records, police reports, or birth or death certificates, with certified English translations. Keep proof that you sent it.

Possible results:

  • The office finds exceptional circumstances and sends an Interview Reschedule Notice.
  • It does not find them. If the interview date has not passed yet, it issues a Denial of Asylum Interview Reschedule Request and you must attend.
  • It sends a Request for Additional Information.

A second request needs another written explanation. USCIS asks for documentary evidence with every request.

Wrong address. If USCIS did not mail the notice to the latest address you gave it through the address-update procedures, it reschedules without requiring exceptional circumstances.

Work permit. USCIS warns that a reschedule request may affect your work-permit eligibility. The asylum clock page shows how.

If you miss the interview

If 10 calendar days pass and the asylum office has no reschedule request from you, or you do not establish exceptional circumstances, USCIS says:

Your situationWhat USCIS does
You maintain a lawful basis to remain in the United StatesDismisses the asylum application and sends a Dismissal of Asylum Application, Failure to Appear
You do not maintain a lawful basis to remainRefers the application to an immigration judge and sends a Referral Notice for Failure to Appear
You are in an authorized period of paroleDecides case by case whether the purposes of parole have been served, whether to end your parole and whether to refer your case to an immigration judge

The amended 8 CFR 208.10 excuses a missed interview in two cases:

  • the notice was not mailed to the current address you had given USCIS before it was mailed, unless the officer decides you had reasonable notice anyway;
  • you show the failure was the result of exceptional circumstances.

USCIS warns that you must attend every immigration court hearing, or you may be ordered removed. See your first immigration court hearing.

After the interview: the decision

USCIS’s process page says: “In most cases, you will return to the asylum office to pick up the decision 2 weeks after the asylum officer interviewed you”. USCIS says it may take longer, and that it will normally mail the decision, if any of these apply:

  • you are in valid immigration status;
  • you were interviewed at a field office;
  • you have pending security checks;
  • your case is under headquarters review.

The amended 8 CFR 208.19 says you must appear in person to receive the decision unless the asylum office director allows mail. You can follow the case in USCIS Case Status Online with your receipt number.

DecisionWhat USCIS says it means
Grant of asylumA letter and a completed Form I-94. It covers your spouse and minor children who were present in the US, were included on the application, and whose relationship you established. A grant does not expire, but USCIS may terminate it on the grounds in INA section 208(c)(2)
Referral to an immigration courtWhen USCIS cannot approve the case and you are in the US illegally. “A referral is not a denial of your asylum application”. You receive a letter and a Form I-862, Notice to Appear; you do not re-file, and the judge decides independently
Notice of Intent to Deny (NOID)When you have valid legal status but are found ineligible. You have 16 days to respond in writing, with new evidence, or both
Final denialIf you do not answer the NOID within 16 days, or your answer does not overcome it. You cannot appeal the officer’s decision. You can reapply, but only by showing changed circumstances

The decisions page was last updated May 31, 2022, before the 2026 rule.

Sources

All checked October 22, 2026.

Frequently Asked Questions

Will USCIS interview me after I file Form I-589?

Not in every case. Since July 28, 2026, an interim final rule (91 FR 47101) lets an asylum officer refer an affirmative application to an immigration judge without an interview, based on the record, where the applicant is barred from applying, barred from a grant, does not merit a grant as a matter of discretion, or is not eligible on the merits. DHS says the rule only applies to people who do not maintain a lawful basis to remain in the United States, and that USCIS still interviews before any grant or denial.

Does USCIS provide an interpreter for the asylum interview?

No, except for applicants who are deaf or hard of hearing, who can ask for an accommodation in advance. If you cannot do the interview in English you must bring an interpreter who is at least 18 and fluent in English and in a language you speak fluently. Your attorney, a witness, or a representative or employee of your country’s government cannot interpret for you.

How do I reschedule my asylum interview?

USCIS says to call the USCIS Contact Center at 1-800-375-5283 before the interview, on the day, or within 10 days after a missed interview, give the reason and any evidence. You must show exceptional circumstances, and asking to reschedule may affect your work-permit eligibility.

What happens if I miss my asylum interview?

If 10 calendar days pass without a reschedule request, USCIS says it dismisses the application if you maintain a lawful basis to remain in the United States, refers it to an immigration judge if you do not, and decides case by case whether to end parole and refer the case if you are a parolee.

Do I get a decision at the interview?

No. USCIS says a decision will not be made at the interview. Its process page says that in most cases you return to the asylum office to pick it up 2 weeks later, and that it normally mails the decision if you are in valid status, were interviewed at a field office, have pending security checks or your case is under headquarters review.

Is a referral to immigration court a denial?

USCIS says a referral is not a denial. It sends a letter and a Form I-862, Notice to Appear, you do not have to re-file, and the immigration judge decides the claim independently.