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USCIS can send asylum cases directly to immigration court without an interview

Jul 27, 2026 · Agency policy

Under an interim final rule effective immediately on July 27, USCIS may refer affirmative asylum applications directly to an Immigration Judge without first interviewing the applicant. USCIS says the change is meant to reduce the backlog. The agency is accepting public comments and plans to issue a final rule later.

What this may mean: Filing an affirmative asylum application can now lead to removal proceedings without an asylum interview. Talk to an attorney before you file, and keep USCIS informed of every address change.

Sources: DHS announcement

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