USCIS Policy Change Bars Telephonic Representation by Attorneys

A recent USCIS policy change will significantly affect how applicants are represented at interviews. Beginning May 18, 2026, USCIS will generally no longer allow attorneys and accredited representatives to appear telephonically at interviews, with only limited and still-unclear exceptions. This change makes it more important than ever to consider the value of legal representation at interviews and the need to plan ahead to ensure counsel can be present in person.

Representation by a knowledgeable immigration attorney at a USCIS interview can make a meaningful difference in both preparation and outcome. These interviews are not informal conversations. They are official examinations where an officer evaluates eligibility, credibility, and supporting evidence. Federal regulations make clear that applicants have the right to representation in this setting. For example, 8 C.F.R. § 103.2(a)(3) confirms that applicants and petitioners may be represented by an attorney in USCIS matters, and 8 C.F.R. § 292.5(b) specifically provides that whenever an examination is conducted, the individual has the right to be represented by counsel.

USCIS guidance recognizes that “[t]he role of the representative at an interview is to ensure that the rights of the individuals he or she represents are protected.” See USCIS Adjudicator’s Field Manual, Chapter 12.4 (as cross-referenced in the USCIS Policy Manual). Attorneys can’t answer questions for the client, but they can ask for clarification, make legal objections, and follow up with additional questions at the conclusion of the interview. See id.

In practice, having counsel present can help avoid misunderstandings that lead to delays or denials. Preparation before the interview is just as important as representation during it. Reviewing prior filings, identifying potential inconsistencies, and organizing supporting documents can make the interview more straightforward. During the interview, in addition to making sure their client’s rights are respected, an attorney can help ensure that questions are understood, that the record is accurate, and that any legal issues are properly raised.

This new policy means applicants should not assume their attorney can simply call into the interview. If your case is scheduled at a field office far from your attorney’s location, you may need to arrange for your attorney to travel or work with local counsel who can attend in person. These decisions can involve additional cost and coordination, so it is important to plan ahead as soon as an interview becomes likely. Taking these steps early can help ensure that you have effective representation at one of the most important stages of your immigration case.