The asylum interview is a meeting between an applicant and an asylum officer whose purpose, under 8 CFR 208.9, is to elicit all relevant and useful information bearing on the applicant's eligibility for asylum. According to USCIS, the interview generally lasts at least one hour, though the length varies by case, and no decision is issued at the interview itself.
How the Process Works
Under 8 CFR 208.9, the asylum officer conducts the interview in a nonadversarial manner and, unless the applicant requests otherwise, separately from the public. At the outset, USCIS describes the applicant being placed under oath to tell the truth; when an interpreter is present, that interpreter also takes an oath to interpret accurately and faithfully. The officer holds authority to administer oaths, verify the applicant's identity (including by electronic means), verify the interpreter's identity, introduce and receive evidence, and pose questions to the applicant and any witnesses.
USCIS notes that the officer verifies identity, asks basic biographical questions and questions about the reasons for seeking asylum, and asks questions to determine whether any bars to filing or granting asylum apply. Under 8 CFR 208.9, the applicant is required to provide complete identity information — name, date and place of birth, and nationality — and may be required to register that identity. The applicant may be accompanied by an attorney or representative, may present witnesses, and may submit affidavits and other evidence.
At the close of the interview, as the regulation describes, the applicant or their representative has an opportunity to make a statement or comment on the evidence presented; the representative may also ask clarifying questions of the applicant and witnesses. The officer may, at their discretion, limit the length of such a statement or require that it be submitted in writing. USCIS informs the applicant that they must appear in person at a designated time and place to receive and acknowledge receipt of the officer's decision and related materials, unless the officer arranges otherwise.
Every applicant, according to USCIS, undergoes background and security checks: fingerprints are collected at an Application Support Center (ASC), and identity at the interview is confirmed through OBIM. Information an applicant shares with the officer is confidential under 8 CFR 208.6.
Interpreter and Representative
USCIS states that it does not provide interpreters for asylum interviews — the sole exception is sign-language interpreters as a reasonable accommodation for a disability. Beginning September 13, 2023, applicants who are not fluent in English are required to bring an interpreter. Under USCIS rules, the interpreter must be fluent in both English and the language in which the applicant is fluent, and must be at least 18 years old. The following individuals may not serve as an interpreter: the applicant's attorney or representative, any witness testifying on the applicant's behalf, or a representative or employee of the applicant's country's government. The interpreter requirement is governed by 8 CFR 208.9(g). USCIS notes that it uses contract interpreters to monitor interviews by telephone.
The right to representation is described as follows: the applicant may bring an attorney or accredited representative at no cost to the U.S. government, and the representative files or brings Form G-28. An applicant may request a female or male officer, and the asylum office will endeavor to accommodate that request. There is also a separate process — the Asylum Merits Interview following a positive credible fear determination — which USCIS describes as a distinct procedure that does not merge with the affirmative interview. For broader context on this topic, see the section on asylum.
What Happens at an Asylum Interview?
According to USCIS, the interview generally lasts at least one hour, though the duration can vary depending on the case. The applicant is placed under oath to tell the truth, the officer verifies identity, and questions cover both biographical background and the reasons for seeking asylum. Under 8 CFR 208.9, the interview is conducted in a nonadversarial manner and separately from the public unless the applicant requests otherwise. At the end, the applicant and their attorney or representative, if present, have an opportunity to make a statement or add information.
What Questions Are Asked at an Asylum Interview?
USCIS describes the officer as asking basic biographical questions, questions about the reasons for seeking asylum, and questions aimed at determining whether any bars to filing or granting asylum apply. Under 8 CFR 208.9, the applicant is also required to provide complete identity information — name, date and place of birth, and nationality.
Do You Need to Bring Your Own Interpreter?
USCIS states that it does not provide interpreters (other than sign-language interpreters as a disability accommodation), and that as of September 13, 2023, applicants who are not fluent in English are required to bring an interpreter who meets the requirements of 8 CFR 208.9(g). According to USCIS, if an applicant does not bring a qualified interpreter and cannot communicate in English, the interview is cancelled and rescheduled — this is treated as an applicant-caused delay and stops the 180-day clock for employment authorization (EAD, Employment Authorization Document). Failure to bring an interpreter without good cause may be treated as a failure to appear, and USCIS may dismiss the application or refer it to an immigration judge.
Is a Decision Made at the Interview?
According to USCIS, no decision on the case is issued at the interview itself. Under 8 CFR 208.9, USCIS informs the applicant that they must appear in person at a designated time and place to receive and acknowledge receipt of the officer's decision and accompanying materials, unless the officer arranges otherwise. Failure to appear to receive the decision is treated as an applicant-caused delay within the meaning of § 208.7.