Asylum Case Can Go to Immigration Court Without USCIS Interview

• USCIS can refer asylum cases without an interview.
• Court proceedings do not automatically mean deportation.
• Residency requires evaluating each case file.

A pending asylum case can go to immigration court without an interview with USCIS. The change makes reviewing the case file especially important for Cubans who are waiting to regularize their status.

Rule 91 FR 47101, in effect since July 28, 2026, allows certain cases to be referred to Immigration Court but does not require all applications to be transferred.

It applies to new and pending applications that do not yet have a scheduled initial interview. USCIS must determine, based on the case file, that the applicant does not meet the requirements or does not merit discretionary approval.

The rule allows referrals involving individuals who lack a legal basis to remain in the United States. USCIS still requires an interview before approving or denying asylum.

Cubans With Parole: Why They Should Review Their Case File

Do you have a pending asylum application with USCIS? Your case could end up in court.

https://t.co/5DAEucXWgV

— CiberCuba – Noticias de Cuba 🇨🇺 (@CiberCuba) October 14, 2026

Attorney Liudmila Marcelo warned about these risks in comments reported by CiberCuba. Her warning was directed especially at Cubans who applied for asylum while seeking work authorization.

According to the material provided, Marcelo recommended withdrawing certain applications to avoid complications. This recommendation should be understood in the context of an individual evaluation based on the person’s documents and background.

For those who entered through humanitarian parole, the review should include the entry document, the validity of their authorizations, and any notices received from immigration authorities.

A work permit and an application for protection serve different purposes. Before making changes to the case, it is advisable to examine what supports the asylum application and what other options are available.

Immigration Court: What Happens to Residency

Referral to immigration court does not mean automatic deportation. The applicant can defend the asylum petition before a judge and request other protections when applicable.

It is also incorrect to say that going to court always eliminates the possibility of obtaining residency. The competent authority depends on the person’s immigration classification and the specific procedure involved.

USCIS generally retains jurisdiction over adjustment of status applications for people classified as arriving aliens, even when they are in removal proceedings, although there are exceptions.

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For a Cuban seeking to apply under the Cuban Adjustment Act, this distinction can be crucial. The review should determine which authority can decide the residency application.

Pending Asylum Case: What to Review Before Making Decisions

Before requesting withdrawal, the applicant should seek an evaluation that considers the need for protection, available alternatives, and the consequences for pending proceedings.

It is advisable to gather copies of Form I-589, receipts, parole documents, the residency application, and any Notice to Appear, known as an NTA, to reconstruct the status of the case file.

If there is an immigration court proceeding, the official EOIR system can be consulted. The agency warns that the tool does not display every case or all available information.

The decision requires more than a general warning: it requires reviewing the case file and defining a strategy. For families, understanding the process can help them respond promptly to official notices.

SOURCE: cibercuba