It depends on where you are. At a USCIS interview you bring your own interpreter. Immigration court always provides one at no cost. California state courts provide one by priority: always in criminal cases, often but not always in civil and family law cases. For depositions, EUOs and attorney meetings, the side that needs the interpreter hires one. Here is how each setting works in practice.
USCIS interviews: you bring your own interpreter
The interview notice instructs you to bring your own interpreter, and you receive it ahead of time, so USCIS expects you to have one and is not responsible if you don't. In rare cases an officer may, at their own discretion, call a USCIS-contracted interpreter by phone, but that doesn't happen in 99.9% of cases, and you should never count on it unless the officer considers the circumstances exigent. During COVID, for example, USCIS did provide interpreters in select instances: an exception, not the rule.
Asylum interviews always have a monitor on the phone, but the monitor's task is strictly to observe and ensure accuracy, never to interpret. At USCIS the interpreter must be there in person. See interpreting for USCIS interviews.
Can a family member interpret?
USCIS strongly discourages it and often refuses family members as interpreters. The interpreter must be impartial, with no interest in the outcome of the case: a paid professional is presumed neutral, while a relative clearly wants a favorable decision. If the officer disallows a family member, the interview is rescheduled, and if it was already rescheduled before, the case may even be referred to immigration court. The same applies to documents: they must be translated by an impartial professional.
Form G-1256: the interpreter's declaration
Before the interview, the interpreter and the applicant both sign Form G-1256 in front of the officer: the applicant confirms they understand the interpreter, and the interpreter takes a written oath to interpret accurately and impartially. The asylum office uses its own version, provided at check-in. Never sign the form ahead of time.
Immigration court: the court provides the interpreter
Immigration courts (EOIR) always provide an interpreter at no cost, through a U.S. Department of Justice contractor, and you can't hire a private interpreter for your hearing. Make sure the court knows you need one: ask ahead of the hearing, ideally in person, or have your attorney file a motion for an interpreter. Mikhail is approved to interpret in immigration court, so he may end up at your hearing, but only by the court's assignment, never by booking. Before the hearing he can help with attorney meetings, declarations and evidence translation.
California state courts: it depends on the case
- Criminal cases: the court always provides an interpreter at no cost, because every defendant has the right to equal access to justice.
- Unlawful detainer (eviction): usually a court interpreter.
- Small claims: almost never.
- Family law: child support cases will have an interpreter; spousal support petitions not always.
- Civil disputes over money: rarely; you need to hire a court-certified interpreter yourself.
Find out ahead of time. The person who hires the interpreter usually pays, unless the parties agree otherwise or the cost is split in a settlement or by the judge.
Depositions, EUOs and attorney meetings
Here the interpreter is always hired by a party or their attorney. These settings often allow remote interpreting by video or phone. At an examination under oath, your answers may decide whether you recover the damages you seek; an errata sheet to correct answers afterward isn't always allowed, so relying on your own English is not wise.
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.