Starting September 13, 2023, affirmative asylum applicants must bring an interpreter to their asylum interview if they are not fluent in English or wish to proceed with their interview in a language other than English.
This concludes the temporary final rule (TFR) that USCIS published on Sept. 23, 2020, which required affirmative asylum applicants to use USCIS-contracted telephonic interpreters for their asylum interviews, instead of bringing an interpreter to the interview. The TFR was a mitigation effort to reduce the spread of COVID-19. The TFR was extended four times, with the most recent extension effective through Sept. 12, 2023.
With the expiration of the TFR, USCIS is reverting back to the long-standing regulatory requirement for an affirmative asylum applicant to provide an interpreter under 8 CFR 208.9(g).
The interpreter must be fluent in English and a language the asylum applicant speaks fluently and must be at least 18 years old. The interpreter must not be:
- the applicant’s attorney or accredited representative;
- A witness testifying on behalf of the applicant;
- A representative or employee of the government of the applicant’s country of nationality (or, if they are stateless, their country of last habitual residence); or
- An individual with a pending asylum application who has not yet been interviewed.
If an interpreter is needed and not furnished by the applicant, or if the interpreter is not fluent in English and a language the applicant speaks, and the applicant does not establish good cause, USCIS may consider this a failure to appear for the interview and they may dismiss the asylum application or refer the asylum application to an immigration judge. USCIS will determine good cause on a case-by-case-basis.
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