What Will Happen to Your Asylum Interview? USCIS Changes a Key Step in the Process

• USCIS changes asylum interviews
• Some cases will go to immigration court
• The interview is no longer mandatory

Applying for affirmative asylum in the United States no longer guarantees that you will have an interview with an immigration officer before your case can go before a judge, following a change announced by U.S. Citizenship and Immigration Services (USCIS).

The new rule makes asylum interviews discretionary, meaning USCIS may decide to send certain cases directly to an immigration judge without first conducting the interview that has been a central part of the process for years.

• Why it matters: For applicants, the change could mean that the documentation and evidence submitted from the beginning will become even more important, as some may have to explain their circumstances directly to a judge for the first time.

What Will Happen to Your USCIS Asylum Interview After the Change?

Until now, people applying for affirmative asylum—those who were not in deportation proceedings—were generally scheduled to speak with a USCIS asylum officer and explain why they were seeking protection in the United States.

If the officer did not grant asylum, the case could subsequently be referred to an immigration judge, who would review the application again as part of a defensive process in court.

Under the new rule, the interview is no longer guaranteed, and USCIS may refer certain cases directly to an immigration judge when the agency determines that doing so is appropriate.

This does not mean that interviews will disappear completely or that all applicants will automatically be sent to immigration court. Instead, USCIS will now have discretion to decide when an interview should take place.

USCIS May Send Some Cases Directly to an Immigration Judge

The change primarily affects so-called affirmative asylum, meaning applications voluntarily filed with USCIS by people who are not currently in removal proceedings.

According to official estimates cited in information about the measure, approximately 132,000 affirmative asylum applicants per year could be affected by the change.

The rule took effect immediately, although the Department of Homeland Security (DHS) will continue accepting public comments before issuing a final version of the regulation.

The change also does not eliminate the right to apply for asylum in the United States, alter the form used to submit an application, or create new costs for applicants.

A Complete Case File Could Become More Important From Day One

If USCIS decides not to conduct an interview, an applicant may have to present and explain their case in detail for the first time before an immigration judge.

For this reason, preparing a complete and consistent application from the outset, accompanied by available documents and evidence, may be especially important under the new procedure.

Every asylum case has unique circumstances, so legal advice can help determine which documents and arguments are appropriate for a particular situation.

Attorney Jesús Reyes recommends not waiting until the last minute: early preparation can make a difference in both affirmative asylum cases and defensive asylum cases before immigration court.

It will also be important to keep your address updated with USCIS so you can receive notifications related to your case and any potential referral to immigration court.

USCIS also reminds applicants that notaries in the United States are not authorized to provide immigration legal advice.

USCIS Says the Change Seeks to Reduce Delays in Asylum Cases

USCIS explained that one of the goals of the measure is to reduce the backlog of pending applications and prevent duplicate proceedings between asylum officers and immigration judges.

USCIS Director Joseph Edlow said that for years, the asylum system has been used “for purposes of delay and employment authorization, not legitimate claims for protection.”

The agency maintains that the change will allow it to devote more resources to applications from people who need protection because of fears of persecution and speed up case resolutions.

For people who already have a pending application or are considering filing one, the key point will be to pay close attention to the initial preparation of the case: having an asylum application no longer necessarily means there will be an USCIS asylum interview before the case can end up before an immigration judge.

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SOURCE: USCIS / Telemundo / MundoNow