International birth certificate not accepted w/o translation

A

austriacus

Registered Users (C)
For my AOS, I submitted what my country issued to me as an "international birth certificate," more accurately known as "extract issued in pursuance of the convention signed at Vienna on September 8, 1976."

It contains my birth record in 10 languages including English, with format and wording established by the International Commission on Civil Status and agreed to by the 19 countries who ratified/signed/succeeded to the convention (the US is not one of them).

So far, so good. Since it was already in English, I didn't include a separate translation. However, I've received an RFE asking for a translation of this foreign language document.

I have found some cases online that submitted such an international birth certificate, and one person successfully adjusted status with it, another one is 40 days into their application and already has an interview date, and a third got an RFE for this just like I did. So it seems that it might depend on the judgement of the examiner of the documents.

If you examine the language in the law (8 CFR 103.2 (b)(3)), it does say: (3) Translations. Any document containing foreign language submitted to the Service shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language into English.

So it appears if you submit a 10-language document including English, technically you have to submit a separate translation of the other 9 languages with it. :confused:

The RFE asks specifically for an English translation of the birth certificate I submitted, which would be this 10-language monster. Since I'd rather not find someone who is fluent in all 10 languages, and would most likely give me the same translation nine times for each entry on the form as the English one, I'm now considering submitting my original German language birth certificate instead, with an English translation and the standard statement about the translator being fluent in both languages.

Does anyone think this would create problems? Should I really have the international version translated word for word instead? Do I need to attach an explanation why I want to switch birth certificates?

Thanks for any ideas and insights, and I hope to have helped someone who's considering using an international birth certificate!
 
Last edited by a moderator:
I'm now considering submitting my original German language birth certificate instead, with an English translation and the standard statement about the translator being fluent in both languages.
Click to expand...
I think that's a good idea.
 
Here's an update on my RFE. I'm quoting the text from the response I wrote in connection with my international birth certificate. Please help scrutinize!

To Whom It May Concern:

With the original submission for I-485, Application to Register Permanent Residence or Adjust Status, I submitted as evidence a copy of my birth certificate. This birth certificate was issued in ten languages including English by the Civil Registry Office of Vienna, Austria on XX/XX/XXXX in the form of an “Extract Issued in Pursuance of the Convention Signed at Vienna on September 8, 1976” in accordance with Convention 16 of the International Commission on Civil Status (ICCS).

The U.S. Citizenship and Immigration Services correctly identified this birth certificate as a foreign language document according to 8 CFR 103.2 (b)(3), requiring a full English translation.

Rather than submitting a full English translation of this ten-language birth extract, I would like to submit what I believe to be a more appropriately translatable evidence for the record of my birth, my original German language birth certificate (issued by the Civil Registry Office of Vienna, Austria on XX/XX/XXXX) along with a full English translation certified by the translator. I regret the inconvenience that this has caused and hope you accept the original German language birth certificate into the record.

Copies of documents submitted are exact photocopies of unaltered documents and I understand that I may be required to submit original documents to an Immigration or Consular officer at a later date.


Signed,


_____________________________

austriacus


Enclosures:
Foreign birth certificate entitled “Geburtsurkunde”
Translation of foreign birth certificate
Click to expand...
 
You must log in or register to reply here.
Top