Q : What if the Applicant's Attorney Is Unavailable for the Interview?
Generally, unavailability of the applicant's attorney will not constitute good cause. The filing of a G-28, Notice of Entry of Appearance as Attorney or Representative, does not prevent Asylum Offices from processing an application in the absence of the applicant’s attorney. If an Asylum Office denies an applicant's request to reschedule an interview and the applicant’s attorney is not available for the interview, the applicant can either sign a waiver and proceed with the interview without the attorney or accept referral to an Immigration Judge. Although an applicant is entitled to have an attorney present at the interview, the applicant, not the Asylum Office, is responsible for ensuring that his or her attorney is present for the interview.