USCIS Ends Remote Attorney Participation in Interviews Starting May 2026
Vaida Plesa, Esq.
Beginning May 18, 2026, U.S. Citizenship and Immigration Services (USCIS) will require attorneys and accredited representatives to attend certain immigration interviews in person. This marks a significant shift away from the remote flexibility that became common in recent years.
What Is Changing?
Under the new USCIS policy, legal representatives will no longer be allowed to participate remotely in most interviews. Instead, attorneys must appear in person at the interview location.
This requirement applies to interviews conducted at USCIS field offices, as well as affirmative asylum and NACARA 203 interviews held at asylum offices.
Important: Remote attorney participation will only be permitted in limited and discretionary circumstances.
Who Is Affected?
This policy impacts a wide range of immigration applicants, including:
- Individuals attending adjustment of status interviews at USCIS field offices
- Applicants with pending affirmative asylum cases
- Individuals applying under NACARA Section 203
- Anyone relying on legal representation during USCIS interviews
It also directly affects attorneys who represent clients across different states and previously relied on remote participation to provide representation.
Why This Matters
Increased Costs and Logistics
Clients may now need to cover travel costs for their attorneys or seek local counsel if their attorney is located far from the interview site.
Limited Access to Specialized Attorneys
Many immigrants work with attorneys who specialize in complex cases but are located in different states. This policy may limit access to that expertise.
Higher Stakes for Interview Day
With fewer flexible options for attendance, missing or rescheduling an interview becomes more difficult. Preparation and coordination are now more critical than ever.
Tip: Having your attorney physically present can improve communication and allow for immediate intervention if issues arise during the interview.
Are There Exceptions?
USCIS has stated that limited exceptions may be granted, but these are expected to be rare and handled on a case-by-case basis.
Applicants and attorneys should not assume remote participation will be approved and should plan for in-person attendance unless explicitly authorized otherwise.
What You Should Do Next
If you have a pending or upcoming USCIS interview, it is important to take proactive steps:
- Confirm that your attorney can attend your interview in person
- Plan ahead for travel and scheduling logistics
- Prepare thoroughly with your attorney well before the interview date
- Discuss contingency plans in case of emergencies
This policy change underscores the importance of careful preparation and strong legal representation in immigration proceedings.
Need Help Preparing for Your USCIS Interview?
Our experienced immigration attorneys can help you prepare, avoid common mistakes, and represent you in person at your interview.
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