Clearing Up Doubts About the New Asylum Rule: Who It Affects and What to Do

Updated: July 28, 2026. Since the new rule on affirmative asylum applications was announced, we have received many questions from the community. In this article, we clear up the most common doubts: what changed, who it affects, which cases are more likely to be transferred without an interview, and what you can do to protect your application.

What does the new rule say, in short?

The new rule establishes that U.S. Citizenship and Immigration Services (USCIS) can now transfer an asylum case directly to the Immigration Court, without giving the applicant the opportunity to have an asylum interview. That is the most significant change, and it took effect starting July 28, 2026.

Who does the new asylum rule affect?

This change affects people who have a pending affirmative asylum case before USCIS; that is, a case filed with the agency. It may also affect those who are thinking about applying for asylum in the future.

If you have an asylum case waiting for an interview, or you plan to file an application, this rule could affect you directly.

Who is NOT affected?

Important: the rule does not affect cases that are already in Immigration Court. If your case is already in process before a judge, this change does not modify that situation.

Which cases are more likely to be transferred without an interview?

According to the available information, the cases most likely to be transferred directly to Court —without an interview— tend to be those that, at first glance, present fewer merits or greater complications. Among the factors that may play a role are:

• Applications filed after having been in the United States for more than one year.
• People with dual nationality.
• People who lived in a safe third country before arriving in the United States.
• Applications that, on their face, appear to have few merits and could be denied.

Note: these are general factors, not an automatic rule. Every case is different and must be evaluated individually by an immigration attorney, since there are exceptions and details that can only be analyzed by reviewing your specific situation.

Does this mean every case will go directly to Court?

No. This change does not mean that every case will now be automatically transferred to Court without an interview. What it does mean is that USCIS will use its full discretion to decide whether to grant an interview or simply transfer the case.

When did this rule take effect?

The rule took effect starting July 28, 2026.

The most important lesson: file a complete case from the start

With this change, it is now more important than ever that an asylum application be well prepared from day one. When filing a case, it is essential to include all the evidence, the legal arguments, and a detailed declaration explaining why the person is eligible for asylum.

Attorney Jesús Reyes recommends not submitting a simple application thinking it can be improved later. A strong, well-supported application reduces the chances that the case will be transferred and increases the chances of obtaining an approval before the asylum office.

Frequently asked questions

Does the new rule eliminate asylum interviews?

No. Interviews were not eliminated, but they are no longer mandatory. USCIS now has the discretion to grant an interview or transfer the case directly to Court.

I have a pending asylum case. Does it affect me?

If your affirmative asylum case is pending before USCIS and is not yet in Court, this rule could affect you. We recommend reviewing your situation with an immigration attorney.

My case is already in Court. Does anything change for me?

No. The rule does not affect cases that are already in process before an immigration judge.

Can I still apply for asylum?

Yes. The right to apply for asylum remains in effect. What changed is the procedure for when and how the case is reviewed, so preparing the application well is key.

What should I do if I have questions about my case?

The best step is to schedule a consultation with an immigration attorney to review your specific case and prepare a complete, well-supported application.

We are here to advise you

If you have questions about asylum applications, this new rule, or any other immigration matter, we recommend scheduling a consultation with attorney Jesús Reyes to review your specific case and explore the available legal options. Every situation is different, and a consultation lets you receive guidance tailored to your case.