USCIS may now refer certain asylum applications to immigration court without an interview
An interim final rule in effect since July 28, 2026 lets USCIS send certain affirmative asylum applications to the immigration court without interviewing the applicant.
The Department of Homeland Security amended its regulations so that USCIS may refer certain affirmative asylum applications to the Executive Office for Immigration Review, the immigration court system, without an interview. USCIS still offers an interview before it grants or denies asylum.
The rule also removes the requirement that the letter explaining a referral include an assessment of the applicant's credibility. The rule took effect on the day it was published, and DHS accepted public comments on it.
People with an affirmative asylum application (Form I-589) pending at USCIS.
- Source
- Federal Register · 91 FR 47101
- Published
- July 28, 2026
- In effect from
- July 28, 2026
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