New Changes to the Asylum Process: What Applicants Need to Know
The US asylum process has changed yet again, and it could affect how many asylum applications are reviewed in the future. In July 2026, the Department of Homeland Security (DHS) announced a new rule that changes how U.S. Citizenship and Immigration Services (USCIS) handles certain affirmative asylum cases. If you are planning to apply for asylum or already have an application pending, it is important to understand what these changes could mean for your case.
There are two main ways a person can apply for asylum in the United States: affirmative asylum and defensive asylum. Affirmative asylum is for people who are not currently in removal (deportation) proceedings and voluntarily apply for protection by filing Form I-589 with USCIS. Defensive asylum, on the other hand, is requested as a defense against removal after the government has already placed someone in immigration court. In a defensive asylum case, an immigration judge— not USCIS— decides whether the applicant qualifies for asylum.
For many years, people who filed an affirmative asylum application with USCIS could generally expect to attend an interview with an asylum officer. During the interview, applicants had the opportunity to explain why they feared returning to their home country, answer questions about their application, and provide additional clarification if needed.
Under the new rule, USCIS may now refer certain affirmative asylum cases directly to the immigration court without first allowing them to have an asylum interview. Instead of meeting with the applicant, an asylum officer may review the written application and supporting evidence before deciding whether the case should be seen by an immigration judge.
Applicants whose cases are referred will still have the opportunity to present their claims in immigration court, but they may no longer receive the initial interview that many asylum seekers have relied on as an important part of the process.
Your Written Application Matters More Than Ever
One of the biggest effects of this change is that the written asylum application may now play an even greater role in determining what happens next. If an interview is not conducted, the information contained in the Form I-589 and the supporting documentation may be the only materials reviewed before a decision is made to refer the case to immigration court.
For that reason, applicants should take extra care to ensure their application is complete, accurate, and supported by strong evidence. Personal declarations, country condition reports, medical records when applicable, witness statements, and other documentation can all help provide a clearer picture of why an applicant fears returning to their home country.
Preparing a thorough application from the beginning may become increasingly important as USCIS implements these procedural changes. Although the new rule changes part of the process, it does not eliminate the right to seek asylum. Applicants who are referred to immigration court will still have the opportunity to present evidence and testify before an immigration judge.
Changes to immigration procedures can make an already stressful process feel even more overwhelming. Our office works closely with individuals and families to prepare thorough, well-supported immigration applications and advocate for their rights throughout the process. If you have questions about your asylum case or another immigration matter, we are here to help you understand your options and move forward with confidence.
Disclaimer: This is not legal advice. The information provided is for general informational purposes only. Immigration laws and enforcement priorities can change rapidly. For advice specific to your situation, please consult with a licensed immigration attorney at the Law Office of Phan Nguyen — call 469-465-2344 or visit nguyen-legal.com.
