Understanding the New Asylum Interpreter Rule
USCIS has announced a major update to interview procedures, and the new asylum interpreter rule takes effect on September 13, 2023. Applicants must now bring their own interpreters if they cannot complete the interview in English.
USCIS Requires Applicants to Bring Interpreters
Beginning September 13, affirmative asylum applicants must provide an interpreter if they are not fluent in English. USCIS states that applicants who fail to bring a qualified interpreter may face serious consequences. The agency may treat the absence of an interpreter as a failure to appear. As a result, the asylum application could be dismissed or sent to an immigration judge.
Interpreter Requirements and Restrictions
USCIS outlines strict rules for who may serve as an interpreter. The interpreter cannot be the applicant’s attorney or a witness. They also cannot be a representative or employee of the applicant’s home‑country government. Additionally, individuals with pending asylum applications who have not yet been interviewed cannot serve in this role. These restrictions aim to ensure accuracy and neutrality during the interview.
Why USCIS Is Reinstating the Long‑Standing Rule
For several years, USCIS required applicants to use government‑provided telephonic interpreters. This temporary final rule began on September 23, 2020. USCIS introduced it to reduce COVID‑19 transmission during in‑person interviews. The agency extended the rule four times, with the final extension ending on September 12, 2023. With the expiration of that rule, USCIS will return to its long‑standing requirement for applicants to bring their own interpreters. This shift marks a full transition back to pre‑pandemic procedures and reinforces the importance of the asylum interpreter rule.
Applicants should prepare early to secure a qualified interpreter. They must ensure the interpreter speaks both languages fluently and meets all USCIS requirements. Understanding the asylum interpreter rule helps applicants avoid delays and protect their cases.
Connect with us anytime for guidance on your immigration needs.