As of May 18, 2026, attorneys and accredited representatives are generally no longer permitted to appear telephonically at most USCIS interviews. Instead, legal representatives are now expected to attend interviews in person, with only limited exceptions that USCIS has not yet clearly defined.
Applicants can review the agency’s guidance directly on the USCIS website at USCIS Asylum.
While this may sound like a procedural change, it has important implications for anyone preparing for a green card interview, including employment-based cases under EB-1, EB-2, or EB-3, family-based cases, naturalization interviews, or other USCIS appointments involving legal representation.
Although immigration proceedings are civil rather than criminal in nature, individuals in immigration matters still retain important constitutional and statutory protections under the Due Process Clause of the Fifth Amendment, including the right to a fundamentally fair proceeding and the right to be represented by counsel at no expense to the government.
Courts have long recognized that due process protections apply to immigration proceedings because of the significant liberty and property interests involved.
Legal representation during a USCIS interview can help ensure that the applicant fully understands the process, that the record is accurate and complete, and that any legal or factual issues are properly addressed during questioning.
Counsel may also assist in clarifying misunderstandings, preserving objections where appropriate, and helping applicants respond to complex legal questions that could affect eligibility or admissibility.
As an immigration attorney, I know that interviews are often one of the most important stages of a case. This new policy makes it even more important for applicants and attorneys to properly prepare in advance and coordinate in-person attendance whenever legal representation is needed.
What Applicants Should Do Now
If you have a USCIS interview scheduled in the coming months, do not wait until the last minute to discuss representation with your attorney.
Review your application carefully. Gather updated supporting documents. Make sure you understand what type of interview you will be attending and whether your attorney plans to appear in person.
Most importantly, give yourself enough time to prepare.
One thing I have learned after years of representing immigrants is that interview problems often begin long before the interview itself. The strongest cases are usually the ones where applicants understand the process, know their facts, and take preparation seriously.
Final Thoughts
USCIS’s decision to end telephonic attorney representation at most immigration interviews marks an important change for applicants and attorneys alike. Careful planning is more important than ever.
At Keamy Tavares & Associates, we help clients prepare for immigration interviews through thoughtful case strategy, thorough preparation, and personalized representation at every stage of the process.
If you have questions about how this policy change may affect your case, our team is here to help.