Affirmative Asylum Frequently Asked Questions: Background Checks, Interviews, Decisions, and More

Background and Security Checks

Every person who applies for asylum is subject to a mandatory series of background and security checks. You do not need to take additional steps beyond submitting your I-589 and attending fingerprinting. The checks include:

• A copy of your I-589 may be sent to the US Department of State;
• Your biographical information is sent to the FBI;
• Your biographical information is checked against law enforcement databases; and
• If you are between 12 years and 9 months and 79 years of age, USCIS schedules you for fingerprinting at an ASC or Designated Law Enforcement Agency. Fingerprints are sent to the FBI for background/security checks and enrolled in DHS OBIM's IDENT system to verify identity at interview.

Depending on the results, you may not be eligible for a final asylum grant. Do not submit a fingerprint card (FD-258) or fee with your I-589 — they will be rejected. Derivative family members between 12 years and 9 months and 79 years will also need fingerprinting.

What if I Need to Reschedule My Interview?

Mail a letter to the asylum office where your interview is scheduled, or go there in person to complete a Request to Reschedule Asylum Interview. Do not call — telephone requests are not honored. Include the reason for the request and any relevant evidence. The asylum office will reschedule if it is your first request and the request is received before the interview date.

You must establish good cause if you need to reschedule and: you have already rescheduled once before; you are requesting on the date of the interview; or you are requesting within 45 days after a missed interview. You must establish exceptional circumstances if more than 45 days have passed since your missed interview. For definitions and full procedures, see the Establishing Good Cause or Exceptional Circumstances article.

What Should I Bring to My Asylum Interview?

• Any passports, other travel/identity documents, and Form I-94 if you received one;
• Originals of birth certificates, marriage certificates, or other documents previously submitted with your I-589;
• A copy of your I-589 and all supplementary material;
• Any additional available documents supporting your claim not yet submitted — with certified English translations for non-English documents;
• An interpreter if you cannot proceed in English (18+, fluent in both English and your language; not your attorney, a testifying witness, or a representative of your home country's government); and
• Your derivatives (spouse and children under 21 included in your application) — they must also bring their identity and supporting documents.

You have the right to bring an attorney or accredited representative. They must bring or have filed Form G-28.

What Happens at the Interview?

The interview typically lasts at least 1 hour. You will take an oath. If you have an interpreter, they will also take an oath. The asylum officer will verify your identity, ask basic biographical questions, and question you about the reasons you are applying for asylum. The officer will also ask questions about whether any bars apply to your case. Your information is protected by confidentiality provisions at 8 CFR §208.6. You and your attorney will have time at the end to make a statement or add information. The decision will not be made at the interview.

What if My Attorney is Unavailable?

The filing of a Form G-28 does not prevent the asylum office from processing your application in the attorney's absence. If the 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 immigration court (which would treat the case as a missed interview). You are responsible for ensuring your attorney is present — the asylum office bears no responsibility for the attorney's unavailability.

How Is "Good Cause" Defined?

"Good cause" means a reasonable excuse for inability to appear for an asylum interview. What constitutes good cause varies by circumstances and is reviewed case-by-case, considering the totality of the applicant's case history and the reason given. Repeated reschedule requests may negatively affect the good cause determination.

What if I Fail to Appear?

If USCIS does not receive a written explanation within 45 days after a missed interview and you do not have legal status, your case will be referred to immigration court. If you have legal status, your case will be administratively closed. If you establish exceptional circumstances for the failure to appear, USCIS may reopen and reschedule your case. Failure to appear may make you ineligible for the Asylum EAD (the 180-day clock is stopped for applicant-caused delays).

Must I Bring an Interpreter?

Yes, if you cannot proceed in English. USCIS does not provide interpreters (except for hearing-impaired applicants). Your interpreter must be at least 18 years old, fluent in both English and your language, and may not be your attorney, a witness testifying on your behalf, or a representative or employee of your home country's government. Failing to bring a competent interpreter is an applicant-caused delay and will result in cancellation and rescheduling of the interview, stopping your 180-day Asylum EAD Clock.