If you applied for asylum with USCIS, or you’re planning to, a new rule that went into effect in July 2026 could change how your case is handled. This new rule is often referred to as the “pretermission” rule.
Important dates:
- Summer 2025: Immigration judges begin denying some asylum cases in court without a hearing.
- July 28, 2026: A new USCIS rule allows asylum officers to send some cases to immigration court without an interview. It goes into effect the same day.
- August 21, 2026: New USCIS deadline takes effect. All evidence must reach the asylum office at least 14 days before your interview.
What changed?
Until July, if you applied for asylum with USCIS and weren’t already in deportation proceedings, an asylum officer would interview you before deciding your case.
Under the new rule, an officer can review your application and decide you don’t qualify without ever interviewing you. If the officer makes this decision (in other words, they decide to “pretermit” your application), and you are in the U.S. without lawful status, you will then be placed in deportation proceedings and be issued a Notice to Appear (hearing date) in Immigration Court.
Being sent to immigration court doesn’t necessarily mean your asylum case is over. A judge can still consider it. But immigration judges are denying many asylum cases without a hearing, and it is possible to be ordered removed without getting a chance to present your case in front of a judge.
Another important note to keep in mind is that USCIS does not have to notify you before pretermitting your application and placing you into removal proceedings. They may also decide to ask for more evidence before making a decision on whether to pretermit or to grant you an interview.
Does this affect me?
The rule applies to all asylum applications pending on July 28, 2026, or filed on or after that date. The only exception is if you received your interview notice before July 28.
However, not all asylum applications will be pretermitted. The rule mostly targets applications filed more than one year after arriving in the U.S. It can also be used for other reasons, including if the officer thinks your claim isn’t strong enough. The officer may take many different details into account when deciding to pretermit an application or not.
What can I do?
- Don’t withdraw your application. If you’re here without legal status, withdrawing your asylum applications is likely to result in deportation proceedings anyway.
- Keep your address updated with USCIS. Otherwise, you could miss important notices, including changes to your hearing time/date/location or requests for more evidence.
- Gather and submit your evidence now. Don’t wait for an interview notice. This could include your own written statement about what happened, letters from people who can back up your story, police or medical records, and reports on conditions in your home country.
- As of August 21, 2026, all evidence must reach the asylum office at least 14 calendar days before your interview, including weekends. Evidence sent later may not be considered, or your interview may be rescheduled, which can delay your work permit. Since interviews can be scheduled or moved with little notice, it’s safest to send everything as early as you can. If you have an attorney, they can help you figure out what’s needed.
- Check your case status online at least once a week. Find more information about how to check your case status here.
- Talk to an attorney before you file. If you haven’t applied yet, asylum may still be an option. However, you’ll need to be ready to present detailed evidence at the time of application.
Learn more:
The National Immigration Project (NIPNLG) has a free, easy-to-read explainer on this rule: here.
This article is for general information only and is not legal advice.
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