The USCIS asylum freeze ended on June 5, 2026, when a federal court struck it down. But a rule that took effect on July 28, 2026, now lets USCIS send certain asylum cases straight to an immigration judge without ever interviewing you, potentially affecting up to 444,724 pending applications. If that happens to your case, it is not a denial: your claim is heard fresh in immigration court.
Key Takeaways
- The freeze is over. A federal court vacated the USCIS asylum hold policies on June 5, 2026. They cannot be enforced.
- A new rule took effect July 28, 2026. USCIS can now send certain asylum cases to an immigration judge without an interview.
- Referral is not denial. If your case is referred, your asylum claim is heard fresh in immigration court.
- Your work permit rules have not changed. The 150/180-day clock is still the law. The 365-day rule is only a proposal.
Is the asylum freeze still in effect?
No. It ended on June 5, 2026.
In Dorcas International Institute of Rhode Island v. USCIS, a federal court in Rhode Island declared four USCIS policies unlawful and vacated them nationwide: the Global Asylum Hold, the Benefits Hold for travel-ban nationals, the Comprehensive Re-Review policy, and the Country-Specific Factors policy.
USCIS posted its own notice saying it disagrees with the ruling but will follow it.
Does my country of birth still matter?
Not for whether USCIS can decide your case.
In March, USCIS lifted the hold only for people from what it called “non-high-risk countries,” and never published a list of which those were. That distinction is gone. The court vacated the country-based policies with everything else.
The government appealed on June 12. On July 15, the court refused to pause the ruling during the appeal.
What changed on July 28, 2026?
USCIS can now refer certain asylum applications to an immigration judge without interviewing you first.
The rule is Affirmative Asylum Referrals Without Interview, published at 91 FR 47101. It amends 8 CFR Part 208 and took effect the day it was published, DHS skipped the usual public comment step.
Until now, nearly everyone who filed an affirmative asylum application got an interview — your chance to explain your case in your own words. USCIS can now skip it.
Who could be affected?
DHS identified up to 444,724 pending applications, about 31% of the 1.43 million cases pending. The two triggers it named:
- Applications filed more than one year after your last entry into the U.S.
- Applications where your entry date is missing or unclear in the record
Being in that group does not mean your case will be referred. DHS’s own wording is that these cases may involve those issues.
Does referral mean my case was denied?
No. Referral is not a denial.
Your claim gets heard again from the beginning in immigration court. The judge is not reviewing a USCIS decision, because USCIS did not make one.
What changes is the setting: you are now in removal proceedings, which is more serious and usually slower. It is not a reason to panic. It is a strong reason to have a lawyer.
How do I know if my case is at risk?
Compare two dates: your last entry into the U.S., and the date USCIS received your Form I-589.
If more than a year passed between them, your case may be flagged. Pull your receipt notice and check.
The one-year filing deadline
Filing late is not automatically fatal. The law recognizes two exceptions:
Changed circumstances that affect your eligibility, conditions in your home country worsened, or your personal situation changed in a way that made you newly at risk.
Extraordinary circumstances that explain the delay, serious illness, a legal disability, ineffective assistance from a prior representative, or maintaining lawful status until shortly before filing. You generally must show you filed within a reasonable time after the obstacle ended.
A missing or unclear entry date
This trigger is quieter and easier to fix. A missing I-94, an unclear entry stamp, or a gap in your paperwork can make your file look incomplete to an officer skimming it.
Correct it on your own initiative rather than waiting.
What happens to my work permit?
Nothing has changed. The 150/180-day clock is still the law. Two sets of numbers are circulating, and only one is binding.
What the rule is today
Under 8 CFR 208.7, you can file Form I-765 once your asylum case has been pending 150 days. USCIS cannot approve it before day 180. A court order in the Rosario case still requires USCIS to decide initial applications within 30 days of filing.
The 365-day rule is a proposal, not law. DHS proposed it in February 2026. Comments closed April 24. No final rule has been issued.
What has already changed
- EAD validity is capped at 18 months (since December 5, 2025), initial and renewal.
- Automatic extensions ended for renewals filed on or after October 30, 2025. There is no safety net. File early.
- Fees apply: $550 initial, $275 renewal, since January 1, 2026. Neither can be waived.
Delays you request stop the clock. If you reschedule your interview, that pause counts against you. Referral to immigration court does not by itself end work authorization.
Why is my case still slow?
The court ruling did not touch USCIS vetting. That is separate, and still running.
Since April 27, 2026, USCIS has been resubmitting fingerprints through expanded FBI databases and holding approvals until the new checks clear. It has also expanded social media and financial review and added State Department database checks.
Most people get no notice. The only symptom is a case that stops moving. If yours has stalled after biometrics, our guide to USCIS biometrics problems and legal solutions explains what can be done.
Does my lawyer have to attend my interview in person?
Yes. Since May 18, 2026, attorneys can no longer appear by phone or video.
USCIS posted this as an alert on its asylum pages. It covers affirmative asylum interviews, NACARA 203 interviews, and most field office interviews. Exceptions exist for “limited circumstances,” but USCIS has never defined them, so plan as if there are none.
What this means in New Jersey
If you live in New Jersey, your case is handled by the Newark Asylum Office, which also covers Connecticut, Delaware, New York and Pennsylvania. Your interview happens there, and your attorney now has to be physically present.
Interview notices typically arrive with only a couple of weeks’ warning, and USCIS does not ask whether the date works for you. If your attorney cannot attend, your options are to reschedule, which stops your work permit clock, or go in alone.
Ask your counsel directly how they plan to attend. This is one of several reasons hiring a local New Jersey immigration lawyer now matters more than it did a year ago
What should I do this month?
- Update your address with USCIS. File Form AR-11 or update your online account. A missed notice is more expensive now.
- Check your filing date against your last entry. If over a year, talk to a lawyer about which exception fits before USCIS decides for you.
- Check your EAD expiration. No automatic extension exists. File the renewal early.
- Confirm how your attorney will physically attend any scheduled interview.
- Comment on the rule. DHS accepts comments until September 28, 2026, docket USCIS-2026-0199 on Regulations.gov.
Where this leaves you
The freeze that stopped your case is over. What replaced it can move you out of the asylum office entirely without a conversation.
Your paperwork and your representation are the two things still in your control.
If you have a pending asylum case in New Jersey, our asylum immigration lawyers will review your filing dates and notices and tell you plainly where you stand. Schedule a consultation.
Questions people are asking
Does the new rule apply to my case if I filed in 2024?
Possibly. The rule applies to pending affirmative applications, not only new filings. What matters is whether your case has one of the flagged issues, not when you filed.
Can I still win asylum if my case is referred to a judge?
Yes. Referral moves your case to immigration court, where your claim is heard fresh. It is not a denial, and it is not a finding against you.
Does my country still matter?
Not for whether USCIS can decide your case. The country-based hold policies were vacated on June 5. The travel ban proclamations still affect visa issuance and entry, but those are a different thing from USCIS deciding a case that is already pending.
Do I lose my work permit if I am referred to immigration court?
No. Referral does not by itself end work authorization while your case is pending. Keep your renewals current.
Should I file now or wait?
If you are inside your first year in the United States, filing before the one-year mark removes the most common trigger under the new rule. If you are already past a year, the question is which exception fits your facts, and that is worth a conversation before you file, not after.
About the author
Abhisha Parikh, Esq. is the founder and managing attorney of the Law Office of Abhisha Parikh in Edison, New Jersey. She has practiced U.S. immigration law exclusively since her admission to the New Jersey bar in 2013 and the New York bar in 2014, representing clients before USCIS and the immigration courts. She has been named a Super Lawyers New Jersey Rising Star every year from 2021 through 2026, and speaks English, Hindi, and Gujarati.
Sources: Dorcas International Institute of Rhode Island v. USCIS (D.R.I. 2026) · 91 FR 47101 · 8 CFR 208.7 · 8 CFR Part 208 · USCIS alerts, Court Order on Hold Policies and Preparing for Your Affirmative Asylum Interview
Reflects federal immigration law as of August 4, 2026. This area changes quickly. Nothing here is legal advice for your specific case.
