Category: Interpreter

Affirmative Asylum Applicants Must Bring Their Own Interpreter to Asylum Interview

9/19/2023

On September 13, 2023, USCIS reminded affirmative asylum applicants that, starting today, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.
If you need an interpreter and do not bring one, or if your interpreter is not fluent in English and a language you speak, and you do not establish good cause, we may consider this a failure to appear for your interview and we may dismiss your asylum application or refer your asylum application to an immigration judge. We will determine good cause on a case-by-case-basis.
The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The interpreter must not be:

Your attorney or accredited representative;
A witness testifying on your behalf;
A representative or employee of the government of your country of nationality (or, if you are stateless, your country of last habitual residence); or
An individual with a pending asylum application who has not yet been interviewed.

On Sept. 23, 2020, we published a temporary final rule (TFR) requiring affirmative asylum applicants to use our contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. We published this TFR to reduce the spread of COVID-19 during asylum interviews with USCIS asylum officers while the COVID-19 national emergency and public health emergency were in effect. We published four subsequent TFRs extending the requirement, with the current extension effective through Sept. 12, 2023. This fourth extension provided additional time after the national and public health emergencies expired to allow USCIS to prepare to return to the prior regulatory requirement. With the expiration of the TFR, we are reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).

0 Comments

DHS Starts Collecting Social Media Accounts of Immigrants and US Citizens: Privacy Rights and Freedom of Speech

9/26/2017

0 Comments

Alarming news for privacy rights and freedom of speech: DHS is planning to collect social media information on all immigrants, including permanent residents and naturalized citizens, who are American citizens, by the way. This would also affect many US citizens who communicate with immigrants ( e.g. attorneys, immigration lawyers, translators, certain law enforcement officials, civil surgeons, etc).

The new rule takes effect October 18, 2017.

This is a part of a larger process of high-tech surveillance of immigrants and people being subjected to social media screening. This is a growing trend at the DHS, which is viewed by many as an invasion of privacy and freedom of speech deterrent.

The rule was published in Federal Register and takes effect on October 18, 2017.

Additional categories of people whose social media accounts will be collected by DHS are:

--Civil Surgeons who are required to conduct and certify medical examinations for immigration benefits; and
--Law enforcement officers who certify a benefit requestor's cooperation in the investigation or prosecution of a criminal activity (for U visa);
--Preparers assisting an individual seeking an immigration benefit or agency action under the INA;
--Interpreters assisting an individual seeking an immigration benefit or agency action under the INA;
--Attorneys, lawyers or representatives recognized by USCIS or accredited by the BIA; or
--Law enforcement officers who certify a benefit requestor's cooperation in the investigation or prosecution of a criminal activity.

See rule here, and read more here.

0 Comments

Guidance from USCIS on use of interpreters during the interviews in USCIS field offices in USA.

11/24/2015

0 Comments

You should have an interpreter who can actually interpret! :)

If you are scheduled to attend an interview in one of the USCIS field offices in the United States (most commonly, an adjustment of status or "green card" interview), and if you don't speak and/or understand English fluently, it would be wise to bring an interpreter with you.

An interpreter should be someone who is sufficiently fluent in both languages and who is competent to interpret from one language to another (English and your native language) -- not like the guy in the picture who only pretends to interpret.

An interpreter doesn't have to be a certified or professional interpreter.

Most important qualifications of an interpreter are the following:

an interpreter is someone who is impartial and unbiased, not prejudiced, not interested in the outcome of your interview, who is not your attorney or a lawyer, or other legal representative, or your attorney's paralegal, who is over 18 years of age, and who is not a witness in your case.

Some derivative beneficiaries may not be allowed to serve as an interpreter (for example, a spouse or a child), unless there is a "good cause" to excuse this restriction..

Before an interpreter is allowed to serve as an interpreter, a USCIS officer will have to make a determination and have him sign a Form G-1256.

Please keep in mind that an interpreter may hear or learn some personal and confidential things about you during the interview, and you might consider a professional impartial interpreter rather than a friend, a relative, a co-worker or an acquaintance if only because of confidentiality considerations.

Your attorney, paralegal or other legal representative can't be allowed to interpret during the interview, under the USCIS guidance (because they are not impartial to the outcome of the interview and have your interests in mind).

Please keep in mind that USCIS has no obligation to provide a "free interpreter" during the interview with some exceptions (for example, if it's an asylum interview). An applicant has right to have an interpreter present, but the government doesn't have to provide an interpreter for you. If you don't speak and understand English fluently, you should plan in advance and be ready to hire and bring with you a qualified interpreter.

On November 25, 2015, USCIS published this helpful draft of a new memo. This document provides detailed guidance as to who can and can't be an interpreter in USCIS office.

0 Comments

Schedule consultation

Legal consultation or services

Email your questions

To people seeking legal advice, guidance and help, we offer remote consultations over the phone, Zoom, or video call.

Author

Luba Smal is an attorney exclusively practicing USA federal immigration law since 2004. She speaks English and Russian.

To ask questions or to schedule consultation, please email or use our scheduling app.

List of our links.

We have useful FREE RESOURCES:

Our YouTube Channel.

Facebook Page in English &

Facebook Page in English and Russian

Affirmative Asylum Applicants Must Bring Their Own Interpreter to Asylum Interview

DHS Starts Collecting Social Media Accounts of Immigrants and US Citizens: Privacy Rights and Freedom of Speech

Guidance from USCIS on use of interpreters during the interviews in USCIS field offices in USA.

Author

Archives

Categories