As published in Lexisnexis.com on December 9, 2024
As published in the Immigration Daily on December 17, 2024
This topic came up in the New York AILA/District Director Meeting of November 19, 2024. New York City and a number of other USCIS field offices in the past and even now have generally provided interpreters for adjustment of status and naturalization interviews. New York was unique in rejecting interpreters brought in by applicants in the past because of perceived fraud in interpreters not correctly translating the words so as to favor the applicant. However, there has been a big move towards having applicants once again bring in their interpreters, and in the meeting, the New York office reiterated that applicants are required to bring their own – that while the New York District may be able to provide interpreters, Language Services is a shared resource throughout the New York District; and that they are therefore not able to guarantee interpreters; and the District pointed out that the appointment notice says to bring your own interpreter.
Despite the above, anecdotal evidence informs us that the District continues to provide interpreters in most cases upon request. In an AILA New York lawyers’ group chat in October 2024, one commenter observed that each field office is its own little kingdom; that if the language is one that is common, interpreters are provided, that if a less in demand language is involved, then you may run into problems if you did not bring one. The commenter also said to make sure to let them know that an interpreter is present, or is requested, when you check in, and be prepared to be told, “We will provide one!” if you have brought your own, and “You need to provide one!” if you have not brought your own. Our law firm asked the question at the New York District Office last week at both the Manhattan and Brooklyn field offices and we were informed that telephonic translators are still offered; that most applicants request one when they come in for their interviews; that you can bring your own interpreter; and it is recommended that you bring your own translator if you have an uncommon language such as Urdu.
What if you cannot or do not want to go to the expense and trouble of bringing an interpreter who may not be used? The recommendation of the District was to request an interpreter through the Contact Center. What are the consequences of not bringing your own interpreter when the New York District office or any other office that usually provides interpreters will not or cannot provide the interpreter? There appear to be a number of options available to an officer. 1.) Going forward with the interview if it appears that the applicant can understand some English and the officer believes that the nature of the interview can allow the case to proceed without fluency on the part of the applicant. 2.) Going forward with the interview where the officer is fluent in the applicant’s language – such as provided for in the USCIS Policy Manual Chapter 5 – Interview Guidelines | USCIS. 3.) Explaining to the applicant that no interpreters are currently available so that the applicant would not be able to be seen on time and the officer would call the applicant’s name again when the telephonic interpreter (or one from a different floor of the district office) becomes available.4.)Turning away the applicant at the interview and saying that the applicant would again be scheduled, leaving the applicant in limbo as to when he or she will receive a rescheduled appointment notice unless the officer arranges a new date before the applicant leaves. 5.) Denying the application on the basis that the notice of interview clearly indicated that the applicant needed to bring an interpreter if one was necessary. However, that is an unlikely scenario given the uncertainty surrounding the availability of Service interpreters coupled with past practice of the USCIS office, and that lacking an interpreter does not go to the merits of the application such as a missing criminal disposition. We do note the USCIS September 11, 2023, affirmative asylum interview notice that as of September 13, 2023, applicants must bring interpreters when needed, and that “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.” Affirmative Asylum Applicants Must Provide Interpreters Starting Sept. 13 | USCIS. We do not, however, believe the stricture applicable to other USCIS interviews as no such warning appears in the USCIS Policy Manual.
So it would appear that there is a risk in not bringing an interpreter to USCIS offices that usually provide one, and that the degree of inconvenience or punishment could largely be within the discretion of the District office. If the interview involves an uncommon language, the risk is greater that the field office will not be able to timely obtain the services of its own interpreter, and so it is highly recommended that, at least in those cases if not others, applicants should bring their own interpreters or make arrangements with the USCIS Contact Center prior to interview.