Don't panic. At USCIS you usually have 20–30 minutes after the time on your notice to check in. State courts work by morning and afternoon sessions, and immigration court resets the hearing if no interpreter is available, without holding it against you. A professional interpreter has a backup. Here is how each setting works in practice.
If the interpreter is running late
USCIS and the asylum office
Much depends on the local rules of each office. The time on the notice is not the time of the interview: the applicant and their team typically have 20–30 minutes after the scheduled time to check in. If the interpreter is running late, tell the person at the check-in window that they are on the way. If 25 minutes have passed and the interpreter is still on the way, you can ask to speak to a supervisor and ask for an extra 10 minutes. That depends on the individual and on your communication skills, which is why it helps to have an attorney who can ask for you, but in the end it is up to the officer or their supervisor. Usually 30 minutes is the most lateness that can be excused.
State courts: civil, criminal and administrative
Much depends on the courthouse, and even on the particular judge. Certified court interpreters have a point of contact or a language office coordinator at every courthouse, so if they are running late, the courtroom knows in advance.
In state court, the calendar runs not by the hour but by the morning or afternoon session. As a party, you must arrive at the time ordered, for example 8:30 a.m., and some judges may declare you a no-show if you are late. The interpreter, who often covers several cases or even several courthouses, may arrive at any point in the session. That does not mean they come whenever they please: if your restraining order, eviction, small claims or family law case has an assigned court interpreter who also has a criminal matter, the criminal case always takes priority, and the interpreter comes as soon as it is done. The court will not call your case until the interpreter is available, and the courtroom already knows where they are.
A useful side effect: cases with an interpreter often get called sooner, so you don't wait for everyone else. Not always, but more often than not.
Immigration court
Immigration court provides the interpreter from a pool of available interpreters, so the chance of having none is low. If it does happen, the court resets your hearing to a later date, and this is not considered your fault. The downside is having to wait again.
Bottom line: whether it is USCIS or court, don't panic if your interpreter runs late. An experienced interpreter knows what to do and whom to inform.
If the interpreter doesn't come at all
USCIS
The interview may be, and most often will be, treated as a no-show and rescheduled. Besides the financial and emotional cost, such a reschedule counts as the applicant's fault. In an asylum case, that stops the employment authorization clock (ask your attorney what that means), and it does not restart until the new interview is scheduled. And if this was already your second interview and the first was rescheduled at your fault, you risk being referred to immigration court.
Courts
If an interpreter fails to appear at the last minute, the courtroom will try to find another one and most often succeeds. You may have to wait for the substitute, in rare cases up to half a day. If no interpreter is available at all, the judge will continue your case to a later date.
With a limited number of certified interpreters, courts assign them by priority. Criminal matters always come first. Civil cases vary: restraining orders come before small claims; unlawful detainers take priority over spousal support hearings; quick hearings such as an order to show cause may get no interpreter at all. Family law depends on the courthouse, its rules and interpreter availability, and on the county: Los Angeles County has far more options than San Bernardino, so the chance of no interpreter is higher in a remote county.
That is why it is a good idea to confirm with the courtroom before the hearing that an interpreter will be assigned, or to have your own certified interpreter on standby. The second option costs money you might have saved, but if the court provides no interpreter and you didn't bring one, the hearing gets rescheduled, and that can lead to further financial loss.
If the interpreter cancels in advance
Can you ask USCIS to reschedule? Yes, but realistically the request has a better chance if the applicant makes it in person at the window on the day of the interview. Calling the day before because your interpreter had a last-minute emergency may work, but is less likely to, because technically you still have time to find a substitute.
What a professional interpreter does: provides a substitute colleague and lets you know ahead of time. If you prepaid and the cancellation comes within a reasonable time (a few days before the interview, not at the last minute), the interpreter refunds the full amount or, with your permission, transfers it to the colleague, so you have no extra expense. Mikhail works with a wide circle of trusted, verified colleagues he has known for many years, in immigration and in state courts, so in 9.9 cases out of 10 he can find a substitute, even at the last minute.
How to protect yourself
- Confirmation: contracts are available but, depending on the interpreter and the assignment, not always used; Mikhail always provides one on request. Most often a text or email confirmation is enough, as long as it was answered, not one-sided: "Let's confirm tomorrow's appointment," and a reply, "Confirmed." A phone call to confirm is always a good idea too.
- Certification: the names of court-certified interpreters are listed on the California courts' website. Mikhail's certification from the Judicial Council of California is shown on his credentials page.
See also who provides the interpreter in each setting and what to bring to your interview.
Frequently asked questions
How long will USCIS wait if my interpreter is late?
It depends on the office, but applicants typically have 20–30 minutes after the time on the notice to check in. Tell the check-in window your interpreter is on the way; usually 30 minutes is the most lateness that can be excused.
What happens if my interpreter doesn't show up at a USCIS interview?
The interview will most often be rescheduled as a no-show at the applicant's fault. In an asylum case this stops the employment authorization clock, and a second reschedule at your fault risks referral to immigration court.
Will the court wait for the court interpreter?
Yes. State courts run by morning and afternoon sessions, and the court will not call your case until the assigned interpreter is available. If none can be found, the judge continues the case.
What if my interpreter cancels a few days before the interview?
A professional interpreter provides a substitute colleague and refunds or, with your permission, transfers any prepayment. Mikhail can find a substitute in 9.9 cases out of 10, even at the last minute.
This article is general information, not legal advice.
Mikhail Bogomolny
California-certified court interpreter (English–Russian) with 17+ years of experience in courts, immigration courts and USCIS interviews. Mikhail is not an attorney, and nothing on this site is legal advice.