Effective May 18, 2026, USCIS ended all remote attorney participation at field office interviews. Attorneys and accredited representatives who previously joined immigration interviews by telephone can no longer do so. If you have a USCIS interview scheduled — for a green card, naturalization, or removal of conditions — your lawyer must now appear in person or you attend alone.
This change affects hundreds of thousands of pending cases. Here is everything you need to know about the new rule, which interviews are affected, and what to do if your attorney cannot attend in person.
Which USCIS Interviews Are Affected?
The in-person attorney requirement applies to virtually all USCIS field office interviews. The most common interview types affected are:
| Interview Type | Form | Impact |
|---|---|---|
| Marriage-based green card | I-485 + I-130 | 🔴 High — complex interviews; attorney presence critical |
| Naturalization (citizenship) | N-400 | 🟡 Moderate — many applicants attend without attorney |
| Removal of conditions on residence | I-751 | 🔴 High — bona fide marriage scrutiny; attorney essential |
| Affirmative asylum | I-589 | 🔴 Very High — life-altering decisions; representation vital |
| Employment-based AOS interview | I-485 (EB) | 🟡 Moderate-High — less common but increasingly scheduled |
| NACARA 203 interviews | NACARA | 🔴 High — complex humanitarian cases |
| Immigration court / removal hearings | EOIR (DOJ) | ✅ NOT affected — separate rules under DOJ/EOIR |
Why Did USCIS Make This Change?
USCIS cited the need to ensure “full and fair” in-person adjudications. The agency argues that in-person attorney participation allows officers to better evaluate the credibility of applicants and ensures the integrity of the process. Critics argue the policy disproportionately burdens applicants in rural areas and those who rely on attorneys based in different cities — particularly asylum seekers and marriage-based applicants who often rely on nonprofit legal service providers.
What Are the Exceptions?
USCIS has stated that remote attorney participation may still be permitted in “limited circumstances,” but has not publicly defined what qualifies. As of May 2026, no formal exception list has been published. In practice, exceptions have been extremely rare and are granted at officer discretion on a case-by-case basis.
The most likely scenarios where exceptions might be considered include: documented medical inability of the attorney to travel, natural disaster or emergency affecting travel to the field office, or extraordinary logistical circumstances. However, there is no guarantee an exception will be granted even in those cases.
What If My Attorney Cannot Attend In Person?
You have three options if your current attorney cannot attend your USCIS interview in person:
| Option | Details | Recommended? |
|---|---|---|
| Find local co-counsel | Hire a local immigration attorney near the USCIS field office to attend on your behalf. Your primary attorney provides the strategy; co-counsel attends. | ✅ Best option |
| Request rescheduling | Request a new interview date that works for your attorney. USCIS is not obligated to accommodate, and rescheduling adds months of delay. | 🟡 Sometimes viable |
| Attend without attorney | You have a legal right to attend USCIS interviews without representation. However, complex cases (marriage-based, asylum, I-751) carry significant risk without attorney support. | 🔴 High risk for complex cases |
How to Prepare for Your USCIS Interview Under the New Rules
Interview Preparation Checklist — May 2026
1. Confirm your attorney will attend in person. Do not assume remote participation is still available — it is not.
2. If your attorney is not local, discuss co-counsel arrangements at least 4-6 weeks before your interview date.
3. Bring originals and copies of all supporting documents — your attorney cannot hand you documents remotely during the interview.
4. Review your application with your attorney in advance — in-person prep sessions are now more important than ever.
5. For marriage-based green cards: both spouses should have reviewed the entire I-485 package together before attending.
6. For asylum applicants: contact your legal service provider immediately — nonprofit organizations may need to reassign cases to local staff attorneys.
Frequently Asked Questions
Last updated: May 25, 2026. This article is for informational purposes only and does not constitute legal advice. Consult a licensed immigration attorney for guidance specific to your case.
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