Understanding Interpreter Requirements for Immigration Interviews

“I have a green card interview tomorrow, but my English isn't strong enough.

Can my daughter translate for me?”

If you have an upcoming interview or appointment related to your VISA status or immigration proceedings and are not fluent in English, you might be concerned about how language barriers could affect the process.

The U.S. Citizenship and Immigration Services (USCIS) requires that all communication during the interview is conducted in English. However, if English is not your first language, there are provisions in place to ensure you can still effectively communicate with the USCIS officer.

Does USCIS Provide Interpreters?

Unfortunately, USCIS does not provide interpreters for the interviews at their domestic field offices, with the exception of sign language interpreters. (There are some other special regulations to be referenced for Asylum interviews, credible fear screening interviews, reasonable fear screening interviews, NACARA interviews, refugee interviews, and interviews conducted in a USCIS overseas office.)

This means that if you need assistance with translation, you are responsible for arranging an interpreter yourself.

What are the requirements for an interpreter?

The interpreter must be fluent in both English and your language, impartial, and unbiased. They must also be at least 18 years old and cannot be a witness in your case. In exceptional cases, USCIS may allow interpreters aged 14-17 or witnesses ifyou provide a valid reason.

Who Can't Be an Interpreter at My USCIS Interview?

Certain individuals cannot serve as interpreters during your USCIS interview to ensure the integrity of the process. Attorneys and accredited representatives cannot serve as interpreters during the interview. Additionally, representatives or employees of the government from your country of nationality (or, if you are stateless, from your country of last habitual residence) are not allowed to interpret. Individuals with pending asylum applications who have not yet been interviewed are also ineligible to be interpreters in your affirmative asylum interviews.

What If My Interpreter Is Not Approved?

If USCIS determines that your interpreter does not meet the required criteria, you will be given options to either proceed with another acceptable interpreter, reschedule the interview, or continue without an interpreter.

Can a Family Member Assist as My Interpreter?

Yes, your relative can also accompany you to the interview and serve as your translator, provided that the USCIS office permits it. Both of you will need to be present at the beginning of the interview to complete and sign Form G-1256, Declaration for Interpreted USCIS Interview, in front of the USCIS officer.

What Is the Form G-1256?

Form G-1256 is a crucial document in the process of conducting an interview with an interpreter. The form ensures that the interpreter is capable of providing accurate, verbatim consecutive interpretation from English to your language and vice versa. It also acknowledges that the interpreter may learn confidential information during the interview and understands their role and responsibilities.

When and how should Form G-1256 be signed?

IMPORTANT: Do not sign the form before the interview.

You and the interpreter must sign Form G-1256 in the presence of the interviewing officer. The officer will verify that you understand the contents of the form and will add it to your file.

Some Specific Occasions

Do I Have to Bring an Interpreter for Asylum Applications?

For affirmative asylum applications, you must provide your own interpreter, as outlined by 8 CFR 208.9(g). This means that ifyou are applying for asylum and need language assistance, you must arrange and bring an interpreter who is fluent in both English and your native language to your interview. There is an exception to this rule: If you have removal hearings or if your asylum process is referred to deportation proceedings, the U.S. government will provide an interpreter if one is needed.

Why Was My Friend Provided an Interpreter During His Affirmative Asylum Interview?

During the pandemic, USCIS introduced a temporary rule requiring certain asylum applicants to use a USCIS-contracted telephonic interpreter for their interviews. This rule was in place to ensure safety during the COVID-19 public health emergency and was effective until September

12, 2023. Under this rule, if you could not participate in your affirmative asylum interview in English, USCIS might have required you to use their contracted interpreter instead of bringing your own.

After September 12, 2023, the requirement shifted back to having applicants provide their own interpreters if they could not proceed in English. This change was part of a temporary measure and may explain why your friend had a different experience.

Can I Bring an Interpreter to My Naturalization (Citizenship) Interview?

If you are applying for U.S. citizenship using Form N-400, you are expected to demonstrate your English language ability as part of the naturalization process, unless you qualify for an exemption.

If you are 50 years old or older and have been a permanent resident for at least 20 years, you do not need to meet the English language requirement. Likewise, if you are 55 years old or older and have been a permanent resident for at least 15 years, you are also exempt from the English requirement.

Even if you qualify for one of these exemptions, you are still required to take the civics test, which can be administered in your native language. In such cases, you must bring an interpreter who is fluent in both English and your native language to your interview.

Important Note: If you are age 65 or older and have been a permanent resident for at least 20 years, you will receive special consideration regarding the civics requirement, but this does not change the need for an interpreter if taking the test in your native language.

What Can I Expect Regarding Language Access During Credible Fear Screenings?

If you do not speak English, you may encounter barriers during the credible fear screening process. To address this, the Asylum Division has contracted interpreter services to ensure compliance with 8 CFR section 208.30(d)(5) and DHS language access requirements. This

means that for credible fear interviews, you will be provided with direct interpretation services to facilitate communication. These contracted interpreters will help ensure that you understand the questions and can provide accurate responses, making the process more accessible and effective for non-English speakers.

Final Tips

● Prepare in Advance: Ensure that your interpreter understands the importance of accurate and impartial translation. It is advisable to review the interview process and potential questions with them beforehand.

● Be Prompt: Arrive early to allow enough time for Form G-1256 to be completed and to address any unforeseen issues with your interpreter.

Navigating the immigration interview process with limited English proficiency can be challenging, but knowing these steps and preparing adequately can help ensure a smoother experience.

Good luck with your interview!

For more information or assistance, please contact our office. We, as the professionals at Merit Law LLP, are here to help guide you through every step of your immigration journey.