As of July 28, 2026, a new law is in effect in the US under which an asylum case can be referred to immigration court without an interview. Let’s break down why this happens and how to avoid it.
Three Reasons for Referral to Court
The law specifies only three grounds for sending an applicant to court without an interview.
The first ground is missing the one-year deadline. If you apply for asylum more than a year after arriving in the US, this can become a reason for referring the case to court.
The second ground is an applicant’s criminal history that has been identified. Minor offenses, such as speeding tickets, are not a reason for this.
The third ground is deficiencies in the case or circumstances that make it possible to consider the case weak or not meeting the legal requirements.
A Real Example: Why the Case Ended Up in Court
A person had been waiting for an asylum interview for eight years when they received a court summons by mail for a master hearing in 2027. Upon analyzing the case, it turned out that the first two reasons did not apply: they had filed for asylum two months after arriving in the US and had no criminal history.
The reason lay in the third ground. Although the case was strong — it included a protected group, facts of past persecution, and a threat of future persecution — the events described in the application ended in 2018, when the applicant arrived in the US. Nothing had been updated in eight years.
By law, one must prove that the case is current at the time of the hearing. The officer assumed that the applicant would not be able to prove that the fear of returning to their home country persisted, since eight years had passed. That is why the case was referred to court instead of an interview being conducted.
What to Do: Checking Case Status
The first and most important step is to regularly check the case status on the immigration courts’ website through the online system. A paper summons may not reach your address, while electronic information will let you find out about a scheduled master hearing in time.
The second step — if you missed the one-year deadline, prepare a written explanation stating a valid reason why the one-year deadline rule should not apply to your case. Send this explanation to your immigration office. If it is accepted as reasonable and meeting legal requirements, the case will not be referred to court.
Preparing a Case Update
The third and critically important step — if you filed for asylum more than a year ago, prepare a package of updates. This can be a supplement to the original story or a new version covering all events from the time of your arrival in the US to today.
When preparing a new version of the story, you can make reasonable edits that do not seriously contradict the original version. This is an opportunity not only to show the case’s relevance but also to strengthen it.
What to Include in the Update
The supplement to the story should show what events have occurred since the case was originally filed.
For political cases, this may include: how you have expressed your political opinion, what information you have about the situation in your home country regarding members of your protected group, whether anything specific is happening with your case, and whether you are receiving threats.
Along with the supplement to the story, submit updated evidence: witness statements, photographs, screenshots of threats — anything that confirms the events you described.
It is also useful to submit country condition reports: not only State Department reports, but also a selection of articles indicating changes in the situation for members of your protected group. These can be reports from human rights organizations and media materials describing changes in human rights, legislation, and its enforcement.
Regular Updates
You can submit case updates annually or even more often. There are known cases where people submitted supplements to their case every year for the entire time they were waiting for an interview. This helps show that the case remains relevant and that you continue to be in danger.
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