Applied for Asylum? Here’s How the New USCIS Rule Could Change Your Case

Some asylum applicants could now be sent directly to an immigration judge without first attending an interview with USCIS, a change that modifies one of the most important stages of the asylum process.

The U.S. Citizenship and Immigration Services (USCIS) has updated the affirmative asylum process and will now be able to refer certain cases directly to an immigration judge without first conducting an interview with the applicant, according to a new rule issued by the Department of Homeland Security (DHS).

Why it matters: The USCIS asylum rule changes do not eliminate the right to apply for asylum, but they do change the path some cases will take. As a result, submitting a complete and well-documented application from the very beginning will be more important than ever.

Some asylum applicants will no longer have a USCIS interview

USCIS asylum rule changes: How it affects you – PHOTO: Shutterstock

Until now, most people applying for affirmative asylum—meaning those who were not already in removal proceedings—were scheduled for an interview with a USCIS asylum officer to explain their case before the agency made a decision.

If the officer did not grant asylum, the case was then referred to an immigration judge, who reviewed the application again during removal proceedings.

Under the new USCIS asylum rule changes, the agency may now skip that interview and send certain cases directly to an immigration judge whenever it considers doing so appropriate.

What’s changing: Not every asylum applicant will have the opportunity to present their case during a USCIS interview before appearing in immigration court.

Effective immediately: The rule took effect immediately, although the federal government will continue accepting public comments before issuing a final version.

Submitting a strong application from day one is now even more important

The new procedure means that the documents submitted with an asylum application could carry even greater weight.

If an applicant does not receive a USCIS interview, the first opportunity to explain the case in detail may be before an immigration judge.

For that reason, immigration attorneys and organizations that assist asylum seekers generally recommend carefully preparing all supporting evidence before filing the application, including documentation, personal statements, and any evidence supporting a well-founded fear of persecution.

Keep in mind: Maintaining an updated address with USCIS will be essential to ensure you receive any notice regarding a possible referral to immigration court.

Avoid scams: USCIS reminds applicants that notaries public in the United States are not authorized to provide legal immigration advice.

The rule changes the process—not the right to seek asylum

USCIS will apply new rules for asylum in the U.S., allowing some cases to be sent directly before a migration judge. https://t.co/hegzCrdHwU

— Mag. (@Mag_ECpe) July 31, 2026

The new rule applies only to affirmative asylum, which is the process used by individuals who voluntarily file an asylum application with USCIS and are not currently in removal proceedings.

This does not mean that every asylum application will automatically be referred to an immigration judge, nor does it eliminate asylum interviews altogether. It also does not mean that applications will automatically be denied.

Instead, the USCIS asylum rule changes give the agency the authority to send certain affirmative asylum cases directly to immigration court without first conducting an interview.

Who is affected: Individuals filing affirmative asylum applications with USCIS.

What remains the same: The asylum application form has not changed, and the new rule does not create any additional filing fees.

USCIS says the goal is to reduce system backlogs

According to USCIS, the purpose of the rule is to reduce the growing backlog of asylum cases and eliminate duplicate reviews by both the agency and immigration judges.

USCIS Director Joseph Edlow stated that, for years, the asylum system has been used «to create delays and obtain work authorization, rather than for legitimate protection claims.»

The agency says the new process will allow it to devote more resources to applicants who genuinely need protection based on a fear of persecution, while the Department of Homeland Security continues to accept public comments before publishing the final regulation.

In the coming months, asylum applicants will need to pay even closer attention to every document submitted with their applications from the very beginning of the process.

Although the government says the USCIS asylum rule changes are intended to speed up case processing, the new procedure could significantly change how thousands of immigrants prepare and present their requests for protection in the United States.