Birth certificate, marriage certificate, school transcript: a good part of the documents held by people from Brazil are in Portuguese. Before going to USCIS, each one of them needs a translation into English, and the federal regulation states exactly what that translation must have (8 CFR 103.2(b)(3)). Below, the rule, what it requires from the translator, and a checklist for putting together the package.
What does the rule say?
8 CFR 103.2(b)(3) begins like this: "Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation" (8 CFR 103.2). In other words: every document with text in a foreign language submitted to USCIS must be accompanied by a complete translation into English.
The same paragraph requires two statements from the translator: that the translation is complete and accurate, and that they are competent to translate from the foreign language into English.
What does "complete translation" mean?
The text uses the word "full": the translation covers the entire document, exactly as it was issued — not a summary and not just the main fields. In practice, whoever puts together the package checks the translation side by side with the original, line by line, before attaching it to the application.
Who can translate?
The regulation requires certification that the translation is complete and accurate and that the translator is competent to translate from Portuguese into English. The text of 8 CFR 103.2(b)(3) does not mention a sworn translator or notarization: what it requires are these two statements from the translator together with the translation (8 CFR 103.2).
Copy or original?
The following paragraph of the regulation, 103.2(b)(4), states that supporting documents, whether originals or copies, "must be submitted in accordance with the form instructions" — that is, according to the instructions of each form (8 CFR 103.2). So the question "do I send a copy or the original?" has its answer in the instructions of the form you are filing, in the edition currently in effect — see why the correct form edition matters.
Checklist for putting together the package
- List all documents in Portuguese that will go into the application (certificates, diplomas, transcripts, civil documents).
- Make sure there is a complete translation of each one, of the entire document.
- Attach the translator's certification with the two statements the regulation requires: that the translation is complete and accurate, and competence to translate from Portuguese into English.
- Place each translation together with its corresponding document, as a copy or original according to the form instructions.
- Check the form edition before submitting.
Why does this matter for the application?
A document without a translation, or with an incomplete translation, is a document that USCIS may consider missing. In some cases, the agency requests what is missing through an RFE — see the 84-day deadline and how to respond; in other cases, it may decide without asking again, as we explain in USCIS can deny without requesting the missing document. For family-based applications, the I-130 checklist shows which civil documents are usually included in the package. More official content explained can be found on Prime's blog.
Prime Immigration Office prepares forms and organizes documents based on what the official instructions require; the complete translation and the translator's certification are the two points the regulation uses to accept a document written in Portuguese.
Sources
- 8 CFR 103.2(b)(3) and (b)(4) — translations and supporting documents (Cornell LII)
- eCFR — 8 CFR 103.2
Educational information, not legal advice. Prime Immigration Office is a paralegal service — document preparation only. For legal advice, consult a licensed Texas attorney or DOJ-accredited representative.