A Guide to USCIS Certified Translation Requirements
When submitting an immigration application, such as a naturalization application, with the U.S. Citizenship and Immigration Services (USCIS), applicants are required to submit a variety of supporting documentary evidence with their application. In particular, applicants are required to submit vital records and civil documents from foreign countries for USCIS consideration.
Examples of the type of documents that USCIS commonly requires certified English translations for include:
Birth Certificates: An official document issued by a governmental authority that records a person's birth. This document includes their full name, date and place of birth, and parents' names. This is often required to prove identity and family relationships.
Marriage Certificates: A legal document that proves two people are legally married. This is essential for applications based on a spousal relationship.
Divorce Decrees: A court order that formally ends a marriage. If an applicant has been previously married, this document is usually needed to prove the termination of that marriage.
Death Certificates: An official document that records a person's death. This is usually needed to prove the end of a marital relationship or to show the death of a family member.
Academic Transcripts, Certifications, and Diplomas: Records of a student's academic performance, including courses taken and grades received, as well as a certificate awarded upon completion of a course of study. These may be required for certain visas or for demonstrating educational qualifications.
Police Records or Criminal Records: Documents that detail an individual's history with law enforcement, including any arrests or convictions. USCIS requires these to conduct background checks.
Adoption Documents: Legal papers that establish the parent-child relationship between adoptive parents and an adopted child.
Military Records: Documents that confirm a person's service in a country's armed forces.
Affidavits and Legal Statements: Sworn written statements made under oath, often used as supporting evidence in legal and immigration cases.
Deeds: A legal document that is used to transfer ownership of real estate.
Medical Records: Documents that contain a patient's medical history, which may be required for certain health-related waivers or evaluations.
USCIS Certified Translation Requirement and Requests for Evidence
USCIS requires that any document submitted as part of an application that is in a foreign language must be accompanied by a certified English translation. The certified translation requirement is in place to ensure that USCIS immigration officials can accurately review all evidence and information provided in an application. If an application contains documents in a foreign language that are not accompanied by a certified English translation, or if the translation does not comply with the USCIS requirements for certified translations, USCIS may issue the application a Request for Evidence.
A Request for Evidence (RFE), otherwise known as “Form I-797E, Notice of Action”, is a letter that USCIS will send to applicants that requests additional documentation that is required for the USCIS officer reviewing your case needs in order to make a decision. A Request for Evidence will provide applicants with a set deadline to provide the requested documents to support the application. A Request for Evidence can delay the processing of an immigration application, and failing to respond to the Request for Evidence by the set deadline can result in the application being denied.
How to Avoid or Resolve a USCIS Request for Evidence Based on the Certified Translation Requirement
One way to avoid a Request for Evidence relating to translations is to ensure that the certified English translation is done correctly and is submitted at the time of filing. A proper certified translation is one that is accompanied by a statement from the translator. 8 CFR 103.2, the Section of the Code of Federal Regulations that governs the submission of secondary evidence and affidavits to USCIS, the certified translation requirement is set forth as follows:
“Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.”
In laymen’s terms, the statement made by the translator in the certification must declare that the translator is competent to translate the document from the foreign language to English, and must also state the translation is complete and accurate. The certified translation should also include the translator's full name, signature, address, and the date of translation. The certified translation must be accompanied by the original or photocopies of the document(s) to be translated so that USCIS immigration officials can cross-reference the document and its translation for accuracy.
Are There Any Other Requirements for USCIS Certified Translations?
One common question regarding certified English translations submitted to USCIS is whether USCIS requires that the certified translation be notarized. The simple answer is no. There is no requirement to provide a notarized translation as part of your USCIS application, and the translator’s certification does not need to be notarized. However, notarization adds an extra level of authenticity to any document, and thus some applicants choose to have the translator notarize the certified translation anyway.
Another question that comes up regarding certified translations submitted to USCIS is whether the applicant themselves can do the certified translations themselves. The answer is no, the applicant should not submit a certified translation that has been self-translated by the applicant, as the translation must be translated, certified, and signed by an impartial third party so as to avoid a conflict of interest. This means an applicant cannot simply go to Google Translate, copy, and paste a translation of their documents. The best way to avoid a USCIS Request for Evidence based on a deficient certified English translation is by selecting an experienced, skilled translator that specializes in the translation of complex legal documents and vital statistics.
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