Interpreters at your asylum interview and your court hearing: who provides one, and who cannot

An asylum case rests on your own account of what happened to you. If the person interpreting it gets a date, a name or a single word wrong, that mistake becomes part of the record. It can later look like an inconsistency in your story.

That is why the rules on interpreters matter. They are different at a USCIS asylum interview and in immigration court, so it is worth knowing which one applies to you.

At a USCIS asylum interview: you bring the interpreter

For a regular affirmative asylum interview, 8 C.F.R. 208.9(g)(1) puts the job on you. If you cannot proceed in English, you "must provide, at no expense to USCIS, a competent interpreter fluent in both English and the applicant's native language or any other language in which the applicant is fluent."

The interpreter must be at least 18 years old.

From 2020 to 2023, a temporary rule had USCIS supply interpreters by phone. That rule expired on September 12, 2023. Do not plan on USCIS providing one for a regular interview.

Who cannot be your interpreter

The same regulation lists three kinds of people who may not interpret for you:

• your attorney or representative of record;
• a witness who is testifying on your behalf; and
• a representative or employee of the government of your country of nationality, or, if you are stateless, of your country of last habitual residence.

A friend or relative who meets the age and fluency rules and is not a witness can serve. Choose someone who will translate exactly what you say, not a summary and not a better-sounding version.

When USCIS provides the interpreter

There is one exception. For asylum merits interviews of people who passed a credible fear screening at the border, under 8 C.F.R. 208.2(a)(1)(ii), the regulation says the asylum officer "shall arrange for the assistance of an interpreter." The same age limit and the same list of people who cannot serve apply.

If USCIS cannot find an interpreter for that interview, the rule says it will count the delay against itself for work permit purposes, so the delay does not stop your work permit clock.

In immigration court

The court side works differently. At an individual (merits) hearing, the Immigration Court Practice Manual says an interpreter is provided if necessary. You do not bring your own, as you would at a USCIS interview.

Under 8 C.F.R. 1003.22, anyone acting as an interpreter in a hearing must swear or affirm to interpret and translate accurately, unless the interpreter is a federal government employee.

Tell the court your best language as early as possible, including the dialect. A Spanish interpreter does not help someone whose first language is K'iche' or Mam. Your lawyer can make sure the court has the right language on file before the hearing.

If something goes wrong

1. Speak up in the moment. If you do not understand a question, say so. Do not guess at an answer.
2. Answer in your own words and in short sentences, so the interpreter can keep up.
3. Correct mistakes you hear. If you understand some English and hear a date or name translated wrong, tell the officer or the judge.
4. Tell your lawyer right away. A problem raised during the interview or hearing is much easier to fix than one raised later. See why small inconsistencies can matter.

Prepare with the same care you give your declaration. Practice telling your story with your interpreter before the interview, and ask your lawyer which rules apply to your case.