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Translations for Immigration Benefits

Nearly everyone seeking immigration benefits has documents and records in their possession that are in a language other than English.  No matter what the documents are, if they are required for the specific classification which you are seeking, USCIS will require a translation of the documents to be submitted alongside the documents.  This is very important for things like birth certificates, marriage certificates, and other important records.  Unlike in many other countries, the US Government does not issue certified translations of documents. As such, we receive many questions about translations, and what is acceptable for translations to be submitted to USCIS.

According to 8 CFR Sec. 1003.33, Translation of documents:

Any foreign language document offered by a party in a proceeding shall be accompanied by an English language translation and a certification signed by the translator that must be printed legibly or typed. Such certification must include a statement that the translator is competent to translate the document, and that the translation is true and accurate to the best of the translator's abilities.

Additionally, as stated in USCIS RFE Notices:

Any document submitted to the Service containing a foreign language, must be accompanied by a full English language translation that bas been certified by the translator as complete and accurate, and that the translator is competent to translate from the foreign language into English.

In general, the best method of attaining a translation of any document you need to have translated for USCIS is by getting the document translated by someone willing to swear before a notary that the translation is accurate and that they are fluent in both English and the original language.  Prepare the translation on a separate sheet of paper, mimicking the appearance of the original document as best possible, and assuring the translation is accurate.  It is our opinion that the person translating the document should not be the same person applying for the immigration benefit; due to conflicts of interest, a relative of the beneficiary should not perform the translations for their case either. 

In order to get a translation certified, you must first find a notary.  Many banks perform notarizations for their customers for free, and many check cashing services and other businesses perform this service for a small fee.    The notary will not notarize the translation itself in most cases; rather, they will notarize an affidavit, which is a written sworn statement where the translating party certifies that the translation is true and accurate to the best of their knowledge and that they are fluent in both English and the original language.  The affidavit will then be signed by the translating party.  Once the notary confirms the identity of the translating party (be sure to bring your drivers license or passport with you to the notary), they will place a state seal or stamp on the document, and sign the affidavit. 

For each foreign language document translated, a separate affidavit is required, so it is best to get all your translation affidavits notarized at once.  An experienced immigration attorney such as those at Zhang & Associates can help you determine if documents you are intending to submit for your case are necessary, if translation is required and help you prepare an affidavit to assure the format is correct and meets USCIS standards. 


Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past fifteen years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Silicon Valley • New York • Los Angeles • Chicago • Houston • Austin

Tel: 1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website: http://www.hooyou.com

 

(05/20/2011)