A new interim rule lets USCIS send some affirmative asylum cases directly to immigration court, without an interview first — here is what actually changes for applicants, and what doesn’t.

Read this article in another language: Türkçe · Español · Français · العربية

There are two very different doors into the U.S. asylum system. USCIS just changed what happens behind one of them, and the distinction matters enormously for anyone with a pending case.

Affirmative vs. Defensive Asylum, in Brief

An affirmative asylum claim is filed by someone who is not currently in removal (deportation) proceedings — typically through Form I-589 with USCIS, followed historically by an interview with an asylum officer. A defensive claim is raised as a defense to removal, before an immigration judge, after the government has already started proceedings against someone. Defensive cases have always gone straight to immigration court. What changed is what happens to some affirmative cases.

What the New Rule Does

Under the new interim final rule, USCIS now has the authority to refer certain affirmative asylum applications directly to immigration court, bypassing the asylum-officer interview altogether. Previously, USCIS generally interviewed affirmative applicants first, either granting asylum outright or referring the case onward for a separate immigration court review. Under the new process, some cases can skip straight to that second stage.

Critically, being referred this way does not eliminate an applicant’s ability to pursue asylum — the claim can still be presented and decided by an immigration judge during removal proceedings. What changes is the forum and the format: a judge-supervised, adversarial court process instead of a one-on-one interview with an asylum officer.

Why USCIS Made This Change

USCIS says the prior process could result in a single case being reviewed twice — once by an asylum officer, then again by an immigration judge if not granted — and that this duplication has contributed to a growing backlog of pending asylum cases. The agency describes the current asylum caseload as straining its adjudicatory capacity, and frames the rule as a way to direct resources toward timely decisions. The rule took effect immediately, but USCIS is accepting public written comments for 60 days before finalizing it, and could revise the policy based on that feedback.

The right to seek asylum hasn’t changed. Where — and how formally — you have to make your case just did.

What Doesn’t Change

This rule does not apply to defensive asylum claims, which already go through immigration court. It does not end affirmative asylum processing altogether — USCIS interviews will still happen in many cases. And it does not strip anyone of the underlying right to seek asylum; it changes the pathway some claims take to get a decision.

Key Dates

What You Should Do Now

• Check your case status — if you have a pending affirmative asylum application, confirm with counsel whether this rule could apply to you.
• Keep every document current — country-conditions evidence, declarations, and corroborating records matter even more in immigration court.
• Don’t miss a court date — failing to appear in removal proceedings can result in an in-absentia removal order.
• Get representation early — immigration court is not the place to appear without counsel if it can be avoided.

This article is provided by Ozek Law Firm, LLC for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. It describes an interim final rule announced by USCIS in July 2026 that is open for public comment and subject to change before a final rule is issued. For advice about your specific situation, please consult a licensed attorney.

Ozek Law Firm, LLC · 4500 East West Highway, Suite 150, Bethesda, MD 20814 · +1 (202) 854-8545 · info@ozeklaw.com · www.ozeklaw.com
Consultations in English, Turkish, and Spanish.