Preparing for Your Affirmative Asylum Interview: What to Bring, What to Expect, and What Happens If You Miss It

What to Bring on the Day of the Interview

• A form of identification: any passports; other travel or identification documents; Form I-94, Arrival-Departure Record, if received at arrival;
• Originals of birth certificates, marriage certificates, or other documents previously submitted with your Form I-589;
• A copy of your Form I-589 and all supplementary material previously submitted, in case the asylum office is missing any of it;
• Any additional documents supporting your claim that you have not already submitted, with certified English translations for any non-English documents (the translator must certify the translation is complete, correct, and that they are competent to translate the language);
• An interpreter, if you are not able to proceed in English (see interpreter rules below); and
• Your spouse and children under 21 if they were included in your asylum application as derivatives at the time you filed — they must bring their own identity, travel, and supporting documents.

You have the right to bring an attorney or representative. Both you and your attorney must submit Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) to USCIS for your attorney to accompany you.

Interpreter Rules

USCIS does not provide interpreters at affirmative asylum interviews, except for deaf or hard-of-hearing applicants. You must bring your own interpreter if you cannot proceed in English. The interpreter must:

• Be fluent in both English and a language you speak fluently;
• Be at least 18 years old; and
• Not be your attorney or representative of record, a witness testifying on your behalf, or a representative or employee of the government of your country.

See 8 CFR 208.9(g). If you fail to bring a competent interpreter and cannot proceed in English, USCIS will cancel and reschedule your interview. This is treated as an applicant-caused delay, stopping your 180-Day Asylum EAD Clock. USCIS does use contract interpreters to monitor interviews and may interject if your interpreter fails to provide adequate, accurate, and neutral interpretation.

If Your Attorney Is Unavailable

The filing of Form G-28 does not prevent the asylum office from processing your case in your attorney's absence. If the asylum office denies a reschedule request and your attorney is unavailable, you may either sign a waiver and proceed without your attorney, or accept referral to an immigration court (which will treat your case as a failure to appear). Although you have the right to have an attorney present, you are responsible for ensuring your attorney attends — the asylum office does not bear responsibility for the attorney's unavailability.

What to Expect During the Interview

The interview generally lasts at least one hour. You will take an oath promising to tell the truth; your interpreter will also take an oath. The asylum officer will verify your identity and ask basic biographical questions, questions about why you are applying for asylum, and questions to determine whether any bars apply to your case.

All information you share is confidential under 8 CFR 208.6. It generally cannot be shared with third parties without your written consent or specific authorization by the Secretary of Homeland Security, with limited exceptions. You and your attorney will have time at the end of the interview to make a statement or add information. A decision on your case will not be made at the interview. The governing regulations are at 8 CFR 208.9.

Missing Your Interview (Failure to Appear)

If you miss your interview, you will receive a Failure to Appear Warning Letter from the asylum office explaining the consequences and how to request rescheduling. The applicable standard depends on timing:

• Within 45 days after the missed interview: You must establish good cause.
• More than 45 days after the missed interview: You must establish exceptional circumstances.

If 46 days pass without a request to reschedule:

• If you are not in lawful immigration status, the asylum office will refer your case to immigration court and send a Referral Notice for Failure to Appear.
• If you are in lawful immigration status, the asylum office will administratively close your case and send a Dismissal of Asylum Application notice.

A failure to appear is treated as an applicant-caused delay for EAD purposes and stops your 180-Day Asylum EAD Clock. For full details on requesting rescheduling after a missed interview, see the Establishing Good Cause or Exceptional Circumstances article.

Rescheduling Before Your Scheduled Interview

To reschedule before the interview date, mail, fax, or email a letter to the asylum office, or go there in person to complete an In-Person Reschedule Request. Do not call — telephone requests are not honored. Include the reason and any relevant evidence. USCIS will notify you in writing whether your interview will be rescheduled.

Good cause is required if: you have already rescheduled once; you are requesting on the interview date; or you failed to appear and are requesting within 45 days. Rescheduling is considered an applicant-caused delay that stops the 180-day EAD clock until you appear at the rescheduled interview. Note: if the interview notice was not mailed to your most recent address on file with USCIS, the office will reschedule without requiring good cause.

Help Completing Form I-589

The United Nations High Commissioner for Refugees (UNHCR) may be able to assist you in identifying helpers for your I-589. Contact: 1775 K Street NW, Suite 300, Washington DC 20006; telephone (202) 296-5191; unhcr.org.