Interpreters for Immigration Appointment

If you have an immigration appointment in the United States and you do not speak English, you may be assisted by an interpreter. In some cases, the U.S. Citizenship and Immigration Services (USCIS) will provide an interpreter for free. However, in other situations, you may be required to bring your own interpreter to the immigration interview and pay for their services.

Having an interpreter can be crucial. More than 85% of people appearing in immigration court have limited English proficiency. Immigration officers and judges decide who can stay in the U.S. and who will be deported. It is important to have an interpreter who can help people with the process if they are not fluent in English. Below, we answer some questions about immigration interpreters.

Having someone that speaks your language can help you communicate with the immigration court and immigration judge. The process for getting an interpreter can be different in different communities. For specific answers to your individual immigration questions, talk to a local immigration lawyer in your area for legal advice.

When Do I Have the Right to an Interpreter?

The general rule under U.S. immigration law is that you must provide your own interpreter and, if necessary, pay for their services. However, there are certain situations in which you may have eligibility for an interpreter at no cost, including the following:

• Immigration court proceedings. Competent interpreters must be provided at all hearings, trials, and motions where the non-English speaker is present. In addition, the court must provide a translation of all documents that give information about the rights and responsibilities of the immigrant.
• Protection screenings in asylum cases. This includes credible fear interviews, safe third country interviews, and reasonable fear interviews.
• Unaccompanied minors in asylum cases. In a minor’s asylum case, all interviews that take place must have an interpreter.

These interpreters are provided free of charge and may even be provided to you if you have some knowledge of the English language. You will have the right to an interpreter if English is not your native language and your ability to read, speak, write, or understand English is limited.

If I Don’t Get an Interpreter, Who Can I Bring?

The United States government requires interpreters to be fluent in English and the language they are to interpret. In addition, the following persons are prohibited from acting as an official interpreter:

• Under 18 years of age.
• Lawyers or representatives of the applicant.
• In asylum cases, representatives or employees of the country of origin of the applicant and people with a pending immigration application.
• Witnesses in the applicant’s case.

The immigration interviewing officer may accept interpreters who are prohibited from being interpreters, if there is good cause. However, in no case can a minor under the age of 14 or the applicant’s attorney or representative be allowed to act as an interpreter.

Also, keep in mind that allowing prohibited persons to be an interpreter is a decision left to the immigration officer on the day of the appointment. Therefore, if you do not want to risk having your interpreter rejected by a USCIS officer, it is best to bring a person who meets all the requirements.

Another requirement is that the interpreters be impartial. This means that they cannot have an interest in the immigrant’s case. For example, if you bring your son or daughter as an interpreter, the officer may consider your child as not impartial and not accept them as interpreters. For this reason, it may not be a good idea to bring family members or friends. If you do, you run the risk of your interpreter being rejected.

What Are the Obligations of the Interpreter?

An interpreter is obligated to act as the translator between the court and the immigrant. A professional interpreter has the following obligations:

• Interpret the totality of what has been said. The other language interpreter cannot simply summarize what has been said. You must say what you or the officer has said literally and completely.
• Keep secret. The interpreter is going to listen to confidential information and cannot divulge it.

Interpreters in U.S. Immigration Courts

The most common language for interpreters in U.S. immigration court and immigration proceedings is Spanish. Not surprisingly, Spanish accounts for over 2/3rds of all immigration court hearings. Spanish is also the second most spoken language in the U.S., with more than 40 million native Spanish speakers from Mexico, Central America, South America, Spain, and even native U.S.-born Spanish speakers.

However, there are more than 200 languages that may be spoken in U.S. immigration hearings. Other common foreign languages that require interpretation services in immigration matters include:

• Mandarin
• Arabic
• Russian
• Punjabi
• Creole
• Portuguese
• French
• Korean
• Somali
• Vietnamese
• Gujarati
• Tagalog

For those with limited English proficiency, having an interpreter can be just as important as having an immigration attorney. Having these two professionals by your side can make a world of difference in your green card case or asylum interview. If you have other questions about having an interpreter with you before your deportation or immigration case, talk to your immigration law firm for help.