Q : What if I Fail to Appear for My Asylum Interview?If USCIS does not receive a written explanation for your failure to appear within 15 days after the date of the scheduled interview, and you do not have legal status in the United States, your case will be referred to the Immigration Court. If you have legal status in the United States, your case will be administratively closed. See 8 CFR § 208.10. The Asylum Office Director has discretion to reschedule your interview if you provide a reasonable explanation for your failure to appear. If you establish an exceptional circumstance that explains your failure to appear, or can show that USCIS did not properly notify you of the interview, USCIS will reschedule your interview. Failure to appear at the interview may affect your eligibility to apply for work authorization. You are generally eligible to apply for work authorization 150 days after you submit a complete application to the Service Center if a decision has not been made on your asylum application. However, if you applied for asylum on or after January 4, 1995, you will be ineligible for employment authorization if you fail to appear for an interview, unless your failure to appear is excused. See 8 CFR § 208.7(a)(4).
Last updated:09/23/2008 | 
