How do you translate a Mexican death certificate (acta de defunción) for USCIS?

What the acta records

We translate the acta in full, as USCIS requires (8 CFR 103.2(b)(3) (opens in a new tab)). Under Mexico’s Federal Civil Code, a death record contains (Código Civil Federal, art. 119 (opens in a new tab)):

• the name, surnames, age, occupation and last address of the deceased;
• their marital status and, for a married or widowed person, the spouse’s name;
• the names of the parents, if known;
• the illness that caused the death and the place of burial;
• the time of death, if known, and any reports in a case of violent death;
• the witnesses: names, age, occupation, address and how they are related to the deceased.

Two witnesses sign the record, relatives first if there are any (art. 118 (opens in a new tab)). The translation also has the record and book numbers, the registry office, the seals, the officer’s signature and the notes in the margin. The seal and signature vary by state and by the year of issue (U.S. Department of State (opens in a new tab)). If a word in a handwritten or faded acta can’t be read, the translation marks it [illegible].

Acta or certificado de defunción

Mexico has two documents with similar names. The certificado de defunción is a medical form: a doctor or a person authorized by the health authority issues it once the death and its causes are confirmed. The acta de defunción is the civil record that the Registro Civil issues after the death is registered, on official security paper (travel.state.gov (opens in a new tab)). No burial or cremation takes place without the registry’s written permission, given on the strength of the doctor’s certificate (Código Civil Federal, art. 117 (opens in a new tab)).

A family member, a hospital or a funeral home reports the death to the registry office where it happened (travel.state.gov (opens in a new tab)). We translate either document; tell us which one you have.

Getting a copy

The procedure varies by state, and some states issue certified copies online (travel.state.gov (opens in a new tab)). In the US, the Mexican Consulate General in Houston prints certified copies of digitized death records for a direct relative of the deceased, who shows an official ID (Consulado General de México en Houston (opens in a new tab)).

Where the translation goes

• USCIS: when an earlier marriage ended with a spouse’s death, Form I-⁠130 asks for documents showing that the marriage legally ended (Form I-⁠130 instructions (opens in a new tab)). What USCIS accepts
• NVC and US consulates: a death certificate is one of the accepted proofs that a prior marriage ended (Department of State (opens in a new tab)). The Department of State doesn’t ask for a translation of a death certificate in Spanish if you are applying for your visa in Mexico or another country where Spanish is an official language. What NVC accepts
• Immigration court: a typed certification with the translator’s address and phone. What the court accepts

Our Spanish documents are translated and certified by a native Spanish speaker. What to file in your case is for you or your attorney to decide.