What translation does immigration court accept

What immigration court requires

Immigration courts are part of the Executive Office for Immigration Review (EOIR) at the Department of Justice. The EOIR Policy Manual, chapter 2.3(a) (opens in a new tab) says that every document filed with the court is in English or comes with a certified English translation. The federal rule 8 CFR 1003.33 (opens in a new tab) says the same: a foreign-language document comes with an English translation and a certification signed by the translator.

In the certification, the translator states that they are competent to translate the language of the document and that the translation is true and accurate to the best of their abilities. The manual adds the translator’s address and phone number. Neither the rule nor the manual asks the translator for a license, accreditation or a notary.

What the translation must include

• An English translation attached to the foreign-language document (Policy Manual 2.3(a) (opens in a new tab)).
• A certificate signed by the translator. The manual asks for it to be typed (Policy Manual 2.3(a) (opens in a new tab)).
• Two statements in the certificate: the translator is competent to translate the language of the document, and the translation is true and accurate to the best of their abilities (8 CFR 1003.33 (opens in a new tab)).
• The translator’s address and phone number (Policy Manual 2.3(a) (opens in a new tab)).
• A list of documents if one certificate covers several. The manual allows one certificate for several documents if it names them.

The manual has a sample certificate of translation in Appendix F (opens in a new tab).

Which documents people usually translate

For immigration court, people most often translate passports and other identity documents, birth and marriage certificates, police certificates, court decisions, medical records, and letters and statements from witnesses. What to file in your case is for you or your attorney to decide.

Why the court rejects filings

The court may reject a filing that doesn’t meet the language, signature or format requirements: it goes back to the party that filed it, and the judge doesn’t consider it (Policy Manual 2.1(d) (opens in a new tab)). Filings that can’t be read are rejected or excluded from evidence (Policy Manual 2.3(c) (opens in a new tab)). On the translation side, this happens when one of the rules above is broken:

• there is no certificate, or one of its two statements is missing;
• the certificate is handwritten or isn’t signed;
• the translator’s address or phone number is missing;
• one certificate covers several documents but doesn’t list them;
• the translation isn’t attached to the foreign-language document, or is hard to read.