Immigration attorney Charles Kuck flagged a change he called one of the biggest he has seen in decades of practice: USCIS says affirmative asylum applicants are no longer guaranteed an interview at the asylum office, and their cases can be routed straight to immigration court.
mic What the Attorney Says
“USCIS announced on Friday that if you filed an affirmative application with their office, you are no longer entitled to an interview. Now, some people will still be interviewed, but certainly not everybody. And they can now send your case directly to immigration court.”
That sounds like a shortcut past a years-long backlog. It is the opposite of one. The asylum office is where an officer can grant asylum outright. Immigration court is where a government-employed judge decides the case in removal proceedings, and Kuck’s number for how those go is grim.
mic What the Attorney Says
“We know that immigration judges are approving less than 10% of asylum cases.”
Kuck estimates USCIS is holding well over a million affirmative applications while the courts already carry roughly 3.5 to 4 million pending cases. Moving the first pile into the second does not make anyone safer; it just changes who says no and puts the applicant in front of a judge who is also deciding whether to order them removed.
The practical takeaway for anyone with an affirmative case pending is to prepare as if you are going to court, not to an interview: a complete, documented record, credible testimony, and counsel who does removal defense, not just filings. If you have been waiting years already, note that pushing the government to act can backfire. The fast decision you force may be a referral, which is exactly the risk behind suing over a decade-old asylum delay. And the decision to file at all remains yours alone; do not let anyone pressure you into an asylum claim that lands you in court. If you are rethinking a pending case, understand the fee consequences of withdrawing an asylum application before you act.