Missing Your Immigration Asylum Interview (Failure to Appear)
Shortly after you miss your interview, you will receive a “Failure to Appear Warning Letter” from the asylum office where your interview was scheduled to take place. This letter explains how to reschedule your missed interview and the consequences of missing your interview on your180-day Asylum EAD
Request to RescheduleYour must request to reschedule your interview within 45 days from your interview date. If 45 days have passed and the asylum office has not received a request to reschedule your interview, your case will either be: 1) Referred to an immigration judge for adjudication in removal proceedings before the EOIR if you are not in lawful immigration status; or 2) Administratively closed and dismissed, if you are in lawful immigration status. Because you no longer have an asylum application pending with USCIS, you are not eligible to apply for or renew employment authorization based on a pending asylum application. Your 180-day Asylum EAD Clock stopped on the date you failed to appear for your interview. If you are in unlawful immigration status, the asylum office will mail you a "Referral Notice for Failure to Appear." If you are in lawful immigration status, you will receive a "Dismissal of Asylum Application - Failure to Appear."
Rescheduling Your Asylum InterviewIf you need to reschedule your interview, you must either: Mail, fax or email a letter to the asylum office where your interview is scheduled to be held, or Go to that asylum office and complete an In-Person Reschedule Request. The asylum office will not honor a request to reschedule received by telephone. A request to reschedule an asylum interview must include the reason for the request and any relevant evidence. The asylum office will reschedule an interview if it is your first rescheduling request and your request is received before your interview date. You will be notified in writing whether or not your interview will be rescheduled. You will also receive a new interview appointment notice with the new interview date, time and location. You must prove that your request for rescheduling is due to good cause, if you need to reschedule: On the date of your asylum interview, On or within 45 days after the interview date, or Your interview has already been rescheduled on one or more occasion. You must prove that your request for rescheduling is due to exceptional circumstances if: More than 45 days have passed since your interview. Exceptional circumstances are a higher standard than good cause. If you do not establish exceptional circumstances for your failure to appear at your asylum interview, you may be ineligible for employment authorization. (See 8 CFR 208.7(a)(4)). More information about establishing good cause and exceptional circumstances is available in the Establishing Good Cause or Exceptional Circumstances Web page. Rescheduling your interview will stop your 180-day Asylum EAD Clock either on the date that the asylum office cancels your interview or on the date of your interview, whichever occurs earlier. The 180-day Asylum EAD Clock will remain stopped until you appear for your rescheduled interview. NOTE: If the interview notice was not mailed to the most recent address you provided to USCIS, then the asylum office will reschedule the interview without requiring that you show good cause or exceptional circumstances.