When asylum seekers are permitted to present their applications for protection in the United States, their cases are often granted. That’s because the asylum law–as created by Congress–is fairly generous.
Our favorable humanitarian law conflicts with the Trump Administration’s goal of blocking people from obtaining asylum in the United States. Rather than attempting to amend the law, the Administration has implemented a series of procedural and administrative roadblocks to prevent applicants from having their cases evaluated on the merits.
Last week, USCIS issued some new rules for cases at the Asylum Office. The most noteworthy change relates to when evidence is due. Other new (or new-ish) rules concern rescheduling interviews and biometric appointments, and attorney attendance at interviews.
The most significant new rule states that evidence is now due 14 calendar days before the interview:
Starting Aug. 21, 2026, you must submit all evidence in support of your asylum application to the asylum office 14 calendar days before the date of your scheduled interview. Evidence submitted less than 14 calendar days from your scheduled interview may not be included with your asylum application, or we may reschedule your asylum interview. A rescheduled asylum interview due to late evidence submission may affect your eligibility for an employment authorization document (EAD).
Prior to August 21, 2026, most Asylum Offices accepted evidence that was filed at least 7 days before the interview. Requiring asylum seekers to submit their evidence 14 days in advance would not be a big deal if the Asylum Offices gave sufficient notice of the interview. Unfortunately, we often receive the notice only a few weeks before the interview. Unless this practice changes (which is doubtful), applicants will have little time between receiving the interview notice and the due date for submitting evidence.
An obvious solution to this problem might be to submit evidence now, so that the Asylum Office has the evidence even before they issue the interview notice. For people who filed their I-589 online, that is an option. However, for the large majority of applicants who filed by paper, it ain’t so easy to submit evidence before you receive the interview notice. That’s because the only way to submit additional evidence is by mail, and the Asylum Office frequently loses documents that are submitted early (they also sometimes lose documents that are submitted on time, and so you should bring an extra copy of your evidence to the interview + proof that you filed the evidence timely). I think the safer approach is to gather and organize your evidence, so it is ready to submit quickly once you receive the interview notice.
Perhaps you think the new 14-day rule makes sense, since it gives the Asylum Officer more time to review your evidence and prepare for the interview. Let me disabuse you of that notion. Asylum Officers usually don’t look at their cases prior to the interview, and in fact, officers rarely receive the file until after the applicant arrives for the interview and checks in. Indeed, it is common to attend an interview where the officer hasn’t looked at the evidence at all and often says as much during the interview.
The 14-day rule is also problematic for attorneys, who are busy and have many cases. A shortened time frame between the interview notice and the due date for evidence makes it more difficult for the attorney to complete the evidence and get it filed.
These difficulties are compounded by another rule change: It has become virtually impossible to reschedule an asylum interview. According to the new rule, effective August 21, 2026, “you must establish exceptional circumstances for USCIS to reschedule your asylum interview” (this same standard applies to people who want to reschedule a biometric appointment). USCIS has previously defined “exceptional circumstances” as including, but not limited to “Battery or extreme cruelty to you or your child or parent; serious illness of you or your spouse, child or parent; or the death of your spouse, child or parent.” But even if you have “exceptional circumstances,” it is still very difficult to get the Asylum Office to reschedule an interview. Most Asylum Offices will only accept reschedule requests by mail. It usually takes days or weeks for them to respond (if they respond at all), and so you have to prepare for the interview at the same time you are hoping it will be rescheduled.
If the interview (or biometric appointment) is rescheduled, this will stop the Asylum Clock, which may prevent you from getting a work permit (if you already have a work permit, there is no effect if the clock stops).
Another recent rule change (from May 2026) adds to these difficulties. The rule states that “USCIS will no longer permit attorneys and accredited representatives to participate remotely in interviews at field offices and in affirmative asylum… interviews… except in limited circumstances.” “All legal representatives must be physically present to attend these interviews.” In short, while attorneys were previously allowed to attend interviews remotely, that is no longer an option, which will further limit asylum seeker’s ability to find a lawyer.
These new rules aim to handicap asylum seekers by making it more difficult to submit evidence and secure legal representation. By collecting your evidence in advance and having a plan with your lawyer, you will be better positioned to overcome these latest obstacles to asylum.
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