How do you translate a Russian paternity certificate for USCIS?

What the certificate shows

Under the civil registry law, a Russian paternity certificate gives (Federal Law No. 143-FZ, art. 56 (opens in a new tab)):

• the father’s surname, first name and patronymic, date and place of birth, citizenship and, if recorded, nationality;
• the child’s surname, first name and patronymic before and after paternity was established, and the child’s date and place of birth;
• the same details for the mother as for the father;
• the date and number of the paternity record, the ZAGS office that registered it, and the date and place of issue.

ZAGS issues the certificate to the parents, or to one of them, on request. We translate it in full, as USCIS requires (8 CFR 103.2(b)(3) (opens in a new tab)): every field, the seal and signature, and any note on the back. The child’s new name follows the passport, and the old one is spelled the same way.

How paternity is registered in Russia

Russian law gives three grounds for registering paternity (art. 48 (opens in a new tab)):

• a joint application by a father and mother who weren’t married to each other when the child was born;
• an application by the father alone, in the cases the law sets out;
• a court decision establishing paternity or the fact that the father recognized it.

The father’s details then go into the child’s birth record (art. 57 (opens in a new tab)). Without any of these, when an unmarried mother registers the birth, the father’s surname in the birth record is hers, and his first name and patronymic are written as she states them (Family Code, art. 51(3) (opens in a new tab)).

Once paternity is established this way, the child has the same rights and duties toward the parents and their relatives as a child of married parents (Family Code, art. 53 (opens in a new tab)).

What Form I-⁠130 asks for

The Form I-⁠130 instructions ask a father filing for a child born out of wedlock for evidence that he married the mother while the child was under 18, or that the child was legitimated before 18 under the law of the child’s or the father’s residence or domicile. If the child wasn’t legitimated before 18, he files evidence of a bona fide parent-⁠child relationship before the child turned 21, such as having lived with the child or supported them (Form I-⁠130 instructions (opens in a new tab)).

Where the translation goes

• USCIS: the translation and the translator’s signed certificate, filed with a copy of the paternity certificate. What USCIS accepts
• NVC and US consulates: the Department of State’s page on Russian civil documents doesn’t list a paternity certificate (U.S. Department of State (opens in a new tab)). If you upload one, the translation goes in one file with it (scanning documents (opens in a new tab)). A translation isn’t needed if your visa interview is in a country where Russian is an official language. What NVC accepts

What to file in your case is for you or your attorney to decide.