USCIS Can Refer Asylum Cases Without Interview (July 28, 2026)

TITLE: USCIS Can Refer Asylum Cases Without Interview (July 28, 2026)

WHAT HAPPENED: Starting July 28, 2026, U.S. Citizenship and Immigration Services (USCIS) will be able to send some affirmative asylum applications to the immigration court (EOIR) without interviewing the applicant first. USCIS still must interview you before it grants or denies asylum. The rule also removes the requirement that a referral letter include an assessment of your credibility.

WHO IT AFFECTS: People who have applied or will apply for affirmative asylum. Affirmative asylum means you filed your asylum application directly with USCIS while you are not in removal proceedings.

WHAT TO DO NOW:

1. Keep your mailing address and contact information current with USCIS.

2. Regularly check your case status on the USCIS website.

3. Speak with an immigration attorney if you are concerned or if you receive a notice about a referral.

4. This is an interim final rule with a request for comments; if you want to comment, find the deadline in the Federal Register notice (check the source). No immediate action is required unless you are contacted.

SOURCE: https://www.federalregister.gov/documents/2026/07/28/2026-15190/affirmative-asylum-referrals-without-interview

DISCLAIMER: General info from Homeland Security Department, not legal advice — check with an immigration attorney. English is authoritative.