Certificate of Translation
Under both Department of Homeland Security (DHS) and Executive Office for Immigration Review (EOIR) regulations, all documents written originally in another language must be translated into English. 8 C.F.R. § 103.2(b)(3); 8 C.F.R. § 1003.33. A certificate guaranteeing the accuracy of the translation must accompany all documents translated into English and submitted to either DHS or EOIR. The certificate does not have to be notarized but it must include the name signature of the translator.8 C.F.R. § 103.2(b)(3); 8 C.F.R. § 1003.33; Immigration Court Practice Manual, Chapter 3.3(a), App. H. (June 10, 2013); BIA Practice Manual, Chapter 3.3(a), App. H. (June 10, 2013). Immigration Courts require as well that the certificate include the translator’s address and telephone number.
In some cases, DHS or EOIR, may require a certificate of authenticity from the U.S. consulate in the home country of the client. This is called an apostille. An apostille makes a document legal for international use under the terms of the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. For example, when requesting immigration status for an adopted child, DHS may request an apostille for some documentation.
Relevant Regulations
• 8 C.F.R. § 1003.33 (translation of documents)
• 8 C.F.R. § 103.2(b)(3) (translations)
Selected Policy Memoranda and Guidelines
• BIA Practice Manual, Chapter 3.3 (Documents)
• Immigration Court Practice Manual, Chapter 3.3(a) (Documents)
Selected Administrative Case Law
• Ok Ran You Yoo Jin Chung Jae Woo Chung, 2007 WL 1724857 (BIA 2007)
• Martin Alonso Cota-Barron, 2005 WL 1104217 (BIA 2005) (in denying government’s motion for summary affirmance and granting remand Board noted that the IJ failed to inform respondent of requirement that documentary evidence be translated into English)
• Reyna Lourdes De Jesus, Beneficiary of a Visa Petition Filed by Santiago De Jesus, Petitioner, 2004 WL 2418650 (BIA 2004) (Spanish language affidavit rejected because not accompanied by translation or translator’s certificate)
• Matter of Nevarez, 15 I&N Dec. 550, 1976 WL 32303 (BIA 1976) (record remanded to district director for proper translation of beneficiary’s affidavit prepared by U.S. consul in Mexico)
CERTIFICATE OF TRANSLATION
I, (name of translator), am competent to translate from (language) into English, and certify that the translation of (name of document(s)) is true and accurate to the best of my abilities.
(signature of translator)
(date)
(typed/printed name of translator)
(address of translator)
(telephone number of translator)
