USCIS Says Attorneys Must Attend Covered Interviews In Person Starting May 18
Starting May 18, 2026, attorneys and accredited representatives generally won’t be allowed to attend certain interviews remotely by phone or video, according to a notice posted on several USCIS pages.
Legal representatives who wish to participate in client interviews must do so in person, except in limited circumstances that USCIS has not yet publicly defined.
What types of USCIS interviews are affected by the new rule?
The change applies to interviews at USCIS field offices, affirmative asylum interviews, and NACARA 203 interviews at asylum offices. For many applicants, that could include common field office interviews such as:
- Adjustment of status interviews, including marriage-based I-485 interviews
- Naturalization (N-400) interviews
- Removal of conditions (I-751) interviews, when one is scheduled
- Affirmative asylum and NACARA 203 interviews at asylum offices
The change does not appear to affect immigration court proceedings before the Executive Office for Immigration Review (EOIR) or consular interviews abroad, which follow separate procedures.
“This policy could create significant access-to-counsel barriers for immigrants nationwide,” said Ana Gabriela Urizar, an immigration lawyer with Manifest Law. “Immigration law is federal law, which means attorneys licensed in one U.S. state are generally able to represent clients before USCIS regardless of where the client resides. Requiring in-person attendance may increase costs, delay case preparation, and force applicants to choose between proceeding without their preferred attorney or paying for travel and local coverage counsel.”
What does this USCIS interview rule mean for applicants and attorneys?
In recent years, following the COVID-19 pandemic, USCIS has allowed remote attorney participation in at least some interview situations, including affirmative asylum interviews.
Under this new policy, applicants and their legal representatives may need to plan for travel, obtain local coverage for interviews, or schedule adjustments if counsel isn’t based near the USCIS office handling the interview.
That planning matters. In the asylum context, USCIS says an attorney’s unavailability generally does not qualify as good cause to reschedule an interview.
What has USCIS said about remote attorney participation?
So far, USCIS appears to be communicating this change through alerts posted as banners only on certain webpages rather than through a formal news release, public policy memorandum, or Policy Manual update. The agency also has not publicly defined what counts as a limited circumstance where remote attorney participation would be allowed.
What should you do if your USCIS interview is after May 18, 2026?
If your interview is scheduled before May 18, 2026, your attorney or legal representative should be allowed to participate remotely.
If your interview is scheduled on or after May 18, ask your attorney now how they plan to attend. Confirm the interview location, discuss travel logistics, and make a backup plan if scheduling becomes an issue.
If you do not yet have representation, it may be wise to arrange it early, since in-person attendance can take more lead time than a phone appearance.
If you have questions about how this change could affect your case, request a consultation with a Manifest Law attorney.
