Home › Guides › Translation and notarization

Translation and notarization requirements for immigration documents

Wang Law Firm, LLC · David Wang, Managing Attorney

Applicants with documents from China filing U.S. immigration applications almost always need Chinese-language documents such as notarial birth certificates, marriage certificates, household registers (hukou), diplomas and bank statements. Translation may seem like a small matter, but it is one of the common causes of Requests for Evidence (RFEs) and rejected filings. This article explains the basic requirements USCIS and the U.S. Department of State set for foreign-language documents, and two concepts that are often confused: "translation" and "notarization."

1. USCIS's basic requirement: a full translation plus a translator's certification

Under federal regulation 8 CFR 103.2(b)(3), any foreign-language document submitted to USCIS must be accompanied by a full English translation and a translator's certification stating that:

In practice, the translator's certification usually includes the translator's name, signature, date, address or contact information, and a statement in English along the lines of "I am fluent in Chinese and English, I am competent to translate, and the attached translation is a complete and accurate translation of the original document." A copy of the original document, the English translation and the translator's certification are generally submitted together.

What "complete" means

2. Does the translation need to be "notarized"?

USCIS generally does not require translations to be notarized. The regulation requires a translator's certification, not a notary's stamp. In the U.S., a notary public's notarization only confirms the signer's identity and signature; it does not prove the translation is accurate, so it cannot replace the translator's certification.

It's important to distinguish two kinds of "notarization":

Notarial certificate issued by a Chinese notary officeNotarization by a U.S. notary public
PurposeCertifies a fact or the contents of a document (such as birth, family relationship or no criminal record)Confirms the signer's identity and witnesses the signature
In immigration applicationsOften used as the civil document itself, such as a notarial birth certificateOptional; cannot replace the translator's certification
TranslationIf the notary office attaches an English translation, it can usually be used, but check that it is complete and accurateDoes not address the content of the translation

Some state courts, schools or other institutions may have their own requirements, but that is a separate matter. As for whether Chinese documents need an apostille: this is generally not required for USCIS filings — check the instructions for the relevant form.

3. Chinese documents that commonly need translation

Investment cases involve large volumes of financial and corporate documents with heavy translation loads and many technical terms, so plan early. For how to organize source-of-funds evidence, see EB-5 source of funds.

4. Consular processing: prepare civil documents according to the State Department's Reciprocity Schedule

When applying for an immigrant visa through the National Visa Center (NVC) and a U.S. embassy or consulate, which civil documents you need, which authority issues them and whether alternatives are acceptable are governed by the State Department's Visa Reciprocity and Civil Documents by Country (Reciprocity Schedule). On that page, select the country that issued the document (for example, China, Taiwan or the Hong Kong SAR) to see:

Requirements differ by region: documents from mainland China, Taiwan and Hong Kong cannot follow one another's rules. The State Department also updates the page, so rely on the page as it stands when you prepare your documents.

5. Common problems with Chinese notarial certificates

6. Can I or a relative do the translation?

The regulation does not prohibit the applicant or a relative from translating, nor does it require using a translation company. But keep in mind:

Common questions

Does the translation need the translator's original signature?

The translator's certification must be signed by the translator. In most cases USCIS accepts copies of signed documents; whether an original signature is needed depends on the specific form instructions.

Do bilingual documents with English and Chinese on the same page need translation?

If everything on the document already has English equivalents, a separate translation usually isn't needed; if any Chinese content (including seals) has no English equivalent, it should be translated.

Can I use machine translation?

Machine translation can be a reference, but in the end a competent person must review it and sign the translator's certification, taking responsibility for its accuracy.

What happens if there's a translation error?

At best, you get an RFE and a delay; at worst, it affects the officer's view of the evidence's credibility. If you find an error, correct it as soon as possible and attach an explanation if needed. For handling RFEs, see What to do when you receive an RFE.

Related reading

Have a stack of Chinese documents and aren't sure which need translating, how, or whether any need to be reissued? Book a consultation, and we'll put together a document list for your application category.

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.