How Do You Establish Good Cause or Exceptional Circumstances to Reschedule an Affirmative Asylum Interview?

The Good Cause Standard

You must establish good cause if you need to reschedule: before the interview date; on the date of the interview; within 45 days after the interview date; or if your interview has already been rescheduled one or more times. Good cause means a reasonable excuse for inability to appear. What is reasonable depends on individual facts and circumstances. The asylum office reviews each request individually, considering the totality of the case history and the reasons given. Repeated reschedule requests may negatively affect the determination.

If you establish good cause: The office reschedules your interview and notifies you in writing of the new date, time, and location. For EAD purposes, an approved reschedule is an applicant-caused delay. The 180-day Asylum EAD Clock stops from the cancellation date and resumes when you appear at the rescheduled interview.

If you do not establish good cause: The office denies your request in writing. You must attend your scheduled interview or it will be treated as a failure to appear. If 46 days pass after the missed interview with no approved request:

• If you are in lawful immigration status: The application is administratively closed and dismissed 46 days after the missed interview; you will not be eligible for EAD based on the asylum application.
• If you are not in lawful immigration status: The asylum application is referred to an immigration judge 46 days after the missed interview; you will not be eligible for EAD unless you establish exceptional circumstances.

The Exceptional Circumstances Standard

You must establish exceptional circumstances if more than 45 days have passed since your missed interview. INA section 240(e)(1) defines exceptional circumstances as compelling circumstances beyond your control, including:

• Battery or extreme cruelty to you, your child, or your parent;
• Serious illness of you, your spouse, child, or parent; or
• Death of your spouse, child, or parent.

This list is not exhaustive, but less compelling circumstances will not qualify. To request an exceptional circumstances finding, you must:

• Submit a written explanation to the asylum office describing the circumstances in detail, including any explanation for delay between the missed interview and your request;
• Include supporting documentation (medical records, police reports, death or birth certificates) with certified English translations; and
• Retain evidence that you submitted the explanation.

Three Possible Outcomes After Submission

1. Exceptional circumstances established: The office notifies you in writing. If no asylum decision has been issued, you receive an Interview Reschedule Notice; the EAD clock delay is resolved on the date you attend the rescheduled interview. If a decision was issued and you are in lawful status, the application is reopened and rescheduled. If you are not in lawful status and were referred to immigration court, jurisdiction remains with the court until you take additional steps (see below).
2. Exceptional circumstances not established: The office sends a Determination of Failure to Demonstrate Exceptional Circumstances; no rescheduling is possible; the EAD clock remains stopped.
3. More information needed: The office may send a Request for Additional Information or ask you to appear for a related interview before making a determination.

Requesting Dismissal of Removal Proceedings

If you are in removal proceedings and received a Determination Demonstrating Exceptional Circumstances notice, contact the ICE Office of Chief Counsel (ICE OCC) handling your case before or at your next hearing. Provide ICE OCC with a copy of the exceptional circumstances notice and request that it join your motion to dismiss. ICE OCC decides case-by-case whether to join. You may also file your own motion to dismiss without ICE OCC's participation or make a verbal request before the immigration judge. The decision to grant the motion rests with the IJ.

If the IJ grants the motion: the asylum office reopens the case and reschedules your interview. If the IJ denies the motion: jurisdiction remains with the immigration court.