I 751 question

[Carburo 4]

Hi I am filing form I 751, my spouse is the petioner we are filing together. I need to know if I his spouse can be his interpreter and also be the person preparing the form?

Thank you.

[Allaboutwaiting 2,503]

Is he unable to fill the forms by himself? 

[Carburo 4]

No, he do not speak or understand any English yet. But I can, so I am wonder if I can be the interpreter at least. He can fill the form but I don't know how can uscis see that.

[arken 4,197]

12 minutes ago, Carburo said:

No, he do not speak or understand any English yet. But I can, so I am wonder if I can be the interpreter at least. He can fill the form but I don't know how can uscis see that.

You can be the preparer and interpreter both. Fill in and sign both sections after you prepare the form.

Edited October 12, 2021 by arken

[SteveInBostonI130 3,434]

16 minutes ago, Carburo said:

No, he do not speak or understand any English yet. But I can, so I am wonder if I can be the interpreter at least. He can fill the form but I don't know how can uscis see that.

You can help fill out the form, no issues.

 

To be an interpreter, the following USCIS policy applies:

 

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-5

 

Quote

C. Interpreters

An applicant may not be fluent in English and may require use of an interpreter for the adjustment interview. At the adjustment interview, the interpreter should: 

• Present his or her valid government-issued identity document and complete an interpreter’s oath and privacy release statement; and

• Translate what the officer and the applicant say word-for-word to the best of his or her ability without adding the interpreter’s own opinion, commentary, or answer.

In general, a disinterested party should be used as the interpreter. An officer may exercise discretion, however, to allow a friend or relative of the applicant to act as interpreter. If the officer is fluent in the applicant’s preferred language, the officer may conduct the examination in that language without use of an interpreter. 

USCIS reserves the right to disqualify an interpreter provided by the applicant if the officer believes the integrity of the examination is compromised by the interpreter’s participation or the officer determines the interpreter is not competent to translate. 

 

It seems USCIS prefers a neutral party to be the interpreter, but the interviewing officer may allow you to be one for your husband.  Are you fluent in Russian and/or Ukrainian?

 

On a side note, please encourage your husband to learn english.  There's not many places in the US that a person who only speaks Russian/Ukrainian can get by on their own.  Also, English is required if your husband plans to naturalize in the future.

 

[Carburo 4]

My husband speak Spanish too, he was born in Cuba. So for my understanding I can't be his interpreter, only the preparer right? 

[SteveInBostonI130 3,434]

1 minute ago, Carburo said:

My husband speak Spanish too, he was born in Cuba. So for my understanding I can't be his interpreter, only the preparer right? 

 

There was a policy memo in 2017 that made it very difficult.  It stated:

Quote

3. Impartial and Unbiased Individual

 

The interpreter must be impartial and able to interpret without bias. An impartial and unbiased individual is one who does not have a predisposition or preconceived opinion about a matter. A predisposition or preconceived opinion may prevent the individual from interpreting information accurately, literally, and fully or making a reliable interpreter declaration.

 

Officers must consider potential conflicts of interest between an interviewee and his or her proposed interpreter, as well as any other circumstances that might interfere with the interpreter’s ability to provide an accurate, literal, and full interpretation. Interpreters and the interviewees must disclose any relationship, predisposition, or preconceived opinion that could affect the interpreter’s objectivity and consequently his or her ability to provide impartial and objective interpretation during the interview. For example, some friends, family members, or persons with financial connections to the interviewee (e.g. business partners) could have either actual conflicts of interest with the interviewee or have a strong personal interest in the interviewee obtaining the immigration benefit at issue such that the proposed interpreter is not able to provide impartial and unbiased interpretation services. 12 As such, family members will generally be disfavored as interpreters if there is another qualified interpreter available to the customer. Upon disclosure, the officer must use his or her discretion in making a determination as to whether the circumstances will interfere with the interpreter’s ability to interpret objectively and provide an accurate and truthful interpretation of the information conveyed during the interview. If the officer determines that despite the relationships or other circumstances disclosed, the interpreter can still provide competent, impartial and unbiased interpretation, then the interpreter may normally be accepted.

 

Where the proposed interpreter is a derivative (e.g., spouse or child) of the interviewee and could obtain an immigration benefit if the interviewee’s application or petition is granted, the officer should be particularly vigilant in making his or her determination as to whether the derivative may, nevertheless, be able to meet the impartiality and unbiased requirement. The officer should continue such vigilance throughout the interview for any signs that the interpreter is violating the interpreter’s Declaration. 14 However, the officer must not predetermine that a derivative beneficiary is disqualified from serving as an interpreter, due to a conflict of interest, solely because he or she is a derivative beneficiary.

 

But it seems the above policy has been superseded with that in my first post.  The new language is a little more friendly in allowing friends/relatives.  

 

Here's another post that discusses Interpreters for ROC/AOS:

 

 

[Allaboutwaiting 2,503]

You can fill and sign just preparer or both preparer and interpreter fields, but for the interview, you will need to hire an interpreter.

[Carburo 4]

Thank you all for your reply, I really appreciate.