News & Insights

1. Legal Foundation for Rescheduling an Asylum Interview

Under U.S. immigration law, the scheduling and rescheduling of asylum interviews are governed by the Immigration and Nationality Act (INA) and USCIS regulations. These legal provisions ensure due process for asylum applicants while balancing administrative efficiency.

The relevant regulation is found under 8 C.F.R. § 208.9, which governs procedures for asylum interviews, including rescheduling. The law requires applicants to demonstrate "good cause" for any rescheduling request.

2. Reasons for Rescheduling an Asylum Interview

• USCIS Considers Rescheduling Requests Under "Good Cause," Which Typically Includes:
  • Medical emergencies (e.g., serious illness or hospitalization).
  • Family emergencies (e.g., death or critical illness of a close family member).
  • Scheduling conflicts (e.g., previously scheduled court hearings or unavoidable obligations).
  • Personal convenience is not typically considered a valid reason for rescheduling.

3. Steps to Request a Reschedule

• Steps to Request the Rescheduling of Your Asylum Interview:
  • Step 1: Contact the Asylum Office
    • Locate the asylum office responsible for your case using the USCIS Asylum Office Locator.
    • Contact the office via phone or email to inform them of your need to reschedule.
  • Step 2: Submit a Written Request
    • Draft a formal written request explaining your reason for rescheduling.
    • Include any supporting evidence, such as:
      • Medical records.
      • Death certificates or obituaries for family emergencies.
      • Official notices of conflicting obligations.
  • Step 3: Submit Your Request Promptly
    • Ensure your request is submitted as soon as you become aware of the need to reschedule.
    • Delay in making the request may result in denial or the issuance of a Form I-862, Notice to Appear, referring your case to immigration court.
  • Step 4: Confirm Receipt and Follow-Up
    • Confirm receipt of your request with the asylum office.
    • Maintain copies of all correspondence and documentation for your records.

4. Consequences of Missing the Original Interview Without Rescheduling

• Consequences of Missing Your Asylum Interview:
  • Administrative closure of your asylum case.
  • Referral to immigration court for removal proceedings.