# Preparing for Your Affirmative Asylum Interview

**ALERT: Interpreters at Affirmative Asylum Interviews**

Starting Sept. 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to have their interview conducted in a language other than English. Your interpreter must be at least 18 years old and fluent in English and a language you speak fluently.

Sign language interpreters are the only exception to this requirement. USCIS continues to provide sign language interpreters as a disability accommodation. Follow the instructions on your interview notice to request this disability accommodation.

If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case basis.

On Sept. 23, 2020, USCIS published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we revert to a long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).

If you are seeking asylum through the Asylum Merits Interview process with USCIS after a positive credible fear determination, visit our Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination page for information on how to prepare for your Asylum Merits Interview. This means you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application for further consideration in an Asylum Merits Interview. For information on ways to obtain asylum in the United States, visit the Obtaining Asylum in the United States page.

**On the day of your affirmative asylum interview you should bring:**
                - A form of identification, including:	                   - Any passports you may have,
                  - Other travel or identification documents, and
                  - Form I-94, Arrival-Departure Record, if you received one when you arrived in the U.S.
                - The originals of any birth certificates, marriage certificates, or other documents you previously submitted with your  Form I-589, Application for Asylum and for Withholding of Removal ,
                - A copy of your Form I-589 and any additional material that you previously submitted in case the asylum office is missing any of this information;
                - Any additional items you have available that document your claim and that you have not already submitted with your application;
                - An interpreter if you are not able to continue with the interview in English,
                - Your spouse and/or children under 21, if they were included in your asylum application as  derivatives  at the time you filed your application;	                   - They must bring any identity, travel or other supporting documents they have in their possession.
                  - Although you are required to list all of your family members on your application, the only family members you need to bring to the interview are those who will be included as derivatives in the asylum decision.
                - A certified translation of any document that is not in English;	                   - Any document in a language other than English must be accompanied by an English translation that the translator has certified is complete and correct.
                  - The translator must certify that they are competent to translate the language used in the document into English.

You have the right to bring an attorney or representative to your interview at no cost to the U.S. government. You and your attorney/representative must submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative to USCIS, in order for your attorney/representative to accompany you to your asylum interview.

If you do not speak English you will be interviewed through an interpreter who you bring with you to the interview.

We do not provide any interpreters during the asylum interview, except if you are deaf or hard of hearing. If you are deaf or hard of hearing and need assistance in obtaining an appropriate interpreter, contact the asylum office with jurisdiction over your case in advance of your scheduled asylum interview.

You *must* bring an interpreter if you do not speak English well enough to be interviewed in English. The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old.

The following individuals cannot serve as your interpreter:
                    - Your attorney or representative;
                    - A witness testifying on your behalf at the interview; or
                    - A representative or employee of the government of your country.

The regulation relating to interpreters can be found at 8 CFR 208.9(g).

If you do not bring a competent interpreter to your interview and you cannot speak English, we will cancel and reschedule your interview. This is considered a delay caused by you. If you have filed Form I-765, Application for Employment Authorization, and there are any outstanding delays in the adjudication of your asylum application that you caused, we will deny your Form I-765.

Although we do not provide interpreters for the interview, we use contract interpreters to monitor asylum interviews at local asylum offices and other locations by telephone. In general, the role of the contract interpreter is limited to monitoring your interpreter’s interpretation. Contract interpreters may be expected to occasionally interject if your interpreter fails to provide adequate, accurate, and neutral interpretation.

You have the right to bring an attorney or representative to your asylum interview and to immigration proceedings before the immigration court, at no cost to the U.S. government. You may obtain a list of pro bono (free or reduced cost) attorneys and community-based, non-profit organizations that may be available to assist you by:
                    - Visiting the  Avoid Scams  page;
                    - Visiting the U.S. Department of Justice,  Office of Legal Access Programs (OLAP)  website. This site provides information on the Recognition and Accreditation Program.
                    - Visiting OLAP’s website which provides a list of free legal service providers by state:  www.usdoj.gov/eoir/probono/states.htm ; or
                    - Contacting the USCIS Field Office or asylum office near your home.

You and your attorney or representative must submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to USCIS in order for your attorney or representative to accompany you to your asylum interview. 

If you are scheduled for an asylum or NACARA 203 interview at an asylum office and you have an attorney or an accredited representative, they may participate in your interview remotely by telephone.

To participate remotely, they must complete Form G-1593, Certification by Attorney or Accredited Representative for Remote Participation in an Affirmative Asylum and/or NACARA 203 Interview (PDF, 248.05 KB), and submit it to the asylum office where we have scheduled your interview.

Please carefully read the information on Form G-1593 and consult with your attorney or accredited representative to determine whether you want them to participate remotely.

The filing of Form G-28 does not prevent asylum offices from processing an application even if your attorney is not present. If an asylum office denies your request to reschedule an interview and your attorney is not available for the interview, you can either sign a waiver and continue with the interview without your attorney or accept referral to the immigration court. If you accept referral to the immigration court, your case will be treated as though you failed to appear at your asylum interview. Although you have the right to have an attorney or representative present at the interview, you are responsible for ensuring that your attorney/representative is present for the interview.

Representatives of the United Nations High Commissioner for Refugees (UNHCR) may be able to assist you in identifying individuals who can help you complete your Form I-589. Please contact the UNHCR for more information:

United Nations High Commissioner for Refugees1775 K Street, NW, Suite 300Washington, DC 20006Telephone: (202) 296-5191Website: https://www.unhcr.org/

Your interview will generally last at least an hour, although the time may vary depending on your case. You will be asked to take an oath promising to tell the truth during the interview. Your interpreter will also take an oath promising to interpret accurately and truthfully. The asylum officer will verify your identity, ask you basic biographical questions and the reasons you are applying for asylum, and questions to determine if any bars will prevent you from applying for or being granted asylum.

For more information on the bars to asylum, please visit our Asylum Bars page.

The asylum officer will know that it may be difficult for you to talk about traumatic and painful experiences that caused you to leave your country. However, it is very important that you talk about your experiences so that the asylum officer can determine whether you qualify for a grant of asylum.

The information you share with the asylum officer is confidential. In general, information related to your asylum claim cannot be shared with third parties without your written consent or specific authorization by the Secretary of Homeland Security. There are certain exceptions to this rule, however, which can be found in the confidentiality regulation (See 8 CFR 208.6). For more information on confidentiality and the asylum process, please visit our Fact Sheet on Asylum Confidentiality  (PDF, 350.1 KB).

You and your attorney or representative, if you have one present, will have time at the end of the interview to make a statement or add any additional information. A decision on your case will not be made at the asylum interview. For the legal regulations governing asylum interviews, see 8 CFR 208.9.

Shortly after you miss your interview, you will receive a “Failure to Appear Warning Letter” from the asylum office where your interview was scheduled to occur. This letter explains the consequences of missing your interview and how to request a rescheduled interview before referral to immigration court for removal proceedings.

**If we receive your request within 45 days after your missed interview date,** you must establish good cause for failing to appear for your interview.

**If we receive your request more than 45 days after your missed interview date,** you must establish exceptional circumstances for failing to appear.

If 46 days have passed and the asylum office has not received a request to reschedule your interview and:
                    - You are not in lawful immigration status, the asylum office will refer your case to an immigration judge for adjudication before EOIR and send you a “Referral Notice for Failure to Appear.” (For information on requests made after a case is referred to the immigration court, see the  Establishing Good Cause or Exceptional Circumstances  page.)
                    - You are in lawful immigration status, the asylum office will administratively close your case and send you a “Dismissal of Asylum Application – Failure to Appear.”

We will consider your failure to appear for your asylum interview an applicant-caused delay with regard to employment authorization. You may file a Form I-765, Application for Employment Authorization, based on your pending asylum application 150 days after you filed your asylum application. You are not eligible to receive an Employment Authorization Document (EAD) until your asylum application has been pending for at least another 30 days, for a total of 180 days.

More information about establishing exceptional circumstances is available on the Establishing Good Cause or Exceptional Circumstances webpage.

If you need to reschedule your interview before the scheduled appointment, you must either:
                    - Mail, fax or email a letter to the asylum office where your interview is scheduled to be held; or
                    - Go to that asylum office and complete an In-Person Reschedule Request.

The asylum office will not honor a request to reschedule received by telephone. A request to reschedule an asylum interview must include the reason for the request and any relevant evidence.

We will notify you in writing whether or not your interview will be rescheduled. We will send you a new interview appointment notice with the new interview date, time and location. For the purpose of employment authorization, an approved request to reschedule is an applicant-caused delay that will be resolved on the date you appear for your rescheduled appointment. You may file a Form I-765, Application for Employment Authorization, based on your pending asylum application 150 days after you filed your asylum application. You are not eligible to receive an Employment Authorization Document (EAD) until your asylum application has been pending for at least another 30 days, for a total of 180 days. 8 CFR 208.7(a)(1).

You must prove that your request for rescheduling is due to **good cause**, if you need to reschedule and:
                    - You have already rescheduled your interview 1 time; or
                    - You are requesting to reschedule on the date of the interview; or
                    - You failed to appear for your interview and you are making your request within 45 days of the missed interview date.

You must prove that your request for rescheduling is due to **exceptional circumstances** if:
                    - You failed to appear for your interview and you are making your request more than 45 days after your missed interview date.

Exceptional circumstances are a higher standard than good cause. More information about establishing good cause and exceptional circumstances is available on the Establishing Good Cause or Exceptional Circumstances webpage.

**NOTE:**Rescheduling your interview will result in an applicant-caused delay that will remain unresolved until you appear for your rescheduled interview.

**NOTE:** If the interview notice was not mailed to the most recent address you provided to USCIS, then the asylum office will reschedule the interview without requiring that you show good cause or exceptional circumstances.

Find addresses and locations for USCIS asylum offices are available on the Asylum using the Asylum Office Locator.

**More Information**
                    - Employment Authorization Document
                    - ABT Class Action

**Office Locators**
                    - Service Center Locator
                    - Asylum Office Locator

**Non-USCIS Links**
                    - Executive Office for Immigration Review
                    - Immigration and Customs Enforcement Office of Chief Counsel

09/13/2023

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