Interpreter Rules for USCIS and Immigration Interviews

When the applicant brings an interpreter

USCIS Policy Memorandum PM-602-0125.1 (January 17, 2017) sets the rules for interpreters in domestic interviews where USCIS does not provide interpretation. It does not cover asylum, credible fear, reasonable fear, NACARA, refugee or overseas interviews. For naturalization it applies only to an applicant who qualifies for an English exception.

Interviews in the excluded categories follow separate rules, described in the last two sections.

Who can interpret

The interpreter must be sufficiently fluent in English and the applicant's language, competent and impartial. Relatives are not automatically disqualified, but the memorandum calls them "generally disfavored" when another qualified interpreter is available. A derivative beneficiary is not automatically disqualified either.

The memorandum sorts people into three groups:

• Allowed: adults who meet the qualifications.
• Allowed only with good cause: people aged 14 to 17, and witnesses, meaning anyone who gives a first-hand account or provides written testimony, an affidavit or a support letter.
• Never allowed: anyone under 14, and an attorney or accredited representative who filed Form G-28 for the applicant.

Form G-1256 and the oath

Form G-1256, Declaration for Interpreted USCIS Interview, is required. The applicant and the interpreter sign it at the start of the interview in front of the officer, not before. The officer places both under oath.

By signing, the interpreter agrees to interpret accurately, literally and fully. The officer can refuse permission for a person to interpret.

If the officer does not accept the interpreter

If the officer disqualifies the interpreter, the memorandum gives three options:

1. continue with another qualified interpreter;
2. reschedule the interview; or
3. continue without an interpreter, if the applicant chooses that voluntarily and the officer is confident that the two can communicate in English.

Affirmative asylum interviews

In an affirmative asylum interview, an applicant who cannot proceed in English must provide a competent interpreter at no cost to USCIS (8 CFR 208.9(g)). The interpreter must be at least 18 and cannot be the applicant's attorney or representative of record, a witness who testifies for the applicant, or a representative or employee of the applicant's country of nationality. The regulation also lists applications for which USCIS arranges the interpreter (8 CFR 208.9(g)(2)).

USCIS provides an interpreter only for applicants who are deaf or hard of hearing. If no competent interpreter is present, USCIS cancels and reschedules the interview and counts the delay as caused by the applicant. See affirmative asylum interview questions.

Naturalization and credible fear interviews

A naturalization applicant who is eligible to use an interpreter may bring one at their own expense (USCIS Policy Manual, Volume 12, Part B, Chapter 3). The interpreter completes an oath and a privacy release and submits a copy of a government-issued ID. USCIS says a disinterested party should be used and may disqualify an interpreter whose integrity is compromised.

The English requirement does not apply to an applicant who is over 50 and has been a permanent resident for at least 20 years, who is over 55 and has been a permanent resident for at least 15 years, or who has a medical impairment documented on Form N-648 (8 CFR 312.1(b)). An exempt applicant can take the civics test in their own language with an interpreter. See citizenship.

In a credible fear interview, the asylum officer arranges an interpreter when the person cannot proceed effectively in English and the officer cannot proceed competently in a language the person speaks (8 CFR 208.30(d)(5)). The same limits apply: the interpreter must be at least 18 and cannot be the person's attorney or representative of record, a witness for the person or a representative or employee of the person's country of nationality.