I have a surprise for you: USCIS CERTIFIED TRANSLATION really doesn’t exist because it is a misnomer (an incorrect term), but that is what people call it (including immigration officers) and that’s what clients search for, so let’s roll with it.
Both translation and interpretation definitely do exist in the context of immigration and USCIS (U.S. Citizenship and Immigration Services), and they play a vital role!
Let me explain why it’s a misnomer, and then we will talk about some key topics and sad anecdotes related to immigration work.
Why USCIS Certified Translation is a Misnomer
The reason why “USCIS Certified Translation” is incorrect is that when people search for this phrase, they often mean interpretation and not translation. Interpretation, of course, is “oral translation,” so to say – facilitating a USCIS meeting in person. You see, for better or worse, in the context of USCIS there is no certified interpretation, and anyone is allowed to interpret an interview.
If the person searching for the term does actually mean written translation, then it is still off: translations for USCIS don’t need to be certified, either – meaning, no particular certification is required for a translator to render the documents for the purposes of USCIS. Now, the translator can (and usually does) place their attestation at the end, but that does not make it a “certified” translation.
We could talk at great length here about what is a “certified translation,” but that is another story that should be told another time. Besides, that tends to be a very vague point. Anyone putting down their signature and a pronouncement that the translation is correct is providing a certified translation, per the English definition of the word. However, that’s not what people usually look for – they’re looking for a translator with an official accreditation that will be accepted by whatever agency they need it to be accepted by. Long and complicated story…
This changes by context, and these certifications are not the same in Europe, Latin America, and the U.S. In the United States, the ATA certification (American Translators Association) is almost always a “panacea” – it’s accepted all over.
So, my first advice both for clients seeking a translation and for linguists performing it is to define one’s terms – what exactly is meant by “certified” in this case and what are the requirements?
If you would like my help in figuring out what “Certified translation” means in your particular case, please don’t hesitate to get in touch.
The Key Points of USCIS Certified Translation
But now let’s get back on course and talk about the nuances of USCIS translation and interpretation.
As noted, USCIS stands for United States Citizenship and Immigration Services, and it is a government agency that considers asylum, permanent residency, citizenship, and similar cases, and makes the decisions about the person’s future status in the U.S.
Immigration court is a separate topic altogether and is not under the same jurisdiction as USCIS. Now, for immigration court, an interpreter does have to go through an approval process of sorts, which is somewhat similar (yet different) than the regular court certification.
So, in the context of USCIS we’re usually talking only about two things:
- Interpreting at in-person interviews
- Translating documents for USCIS cases
Let’s discuss these topics.
The first thing to realize is that, like in most interpreting contexts, the interpreter is entrusted with high responsibility – the person’s very fate, the approval or denial of their petition, the country they will live in, etc.
Not to put any pressure on anyone, but one interpreting mistake during the interview might mean that a person would have to go back to a hostile country, be persecuted, etc.
This doesn’t mean the interpreter needs to be scared or worried, but it does mean this should not be taken frivolously and that only true professionals should be interpreting.
Let me tell you a story to begin with. This was the final of my four immigration assignments last week. The man was brought in for repeat questioning because USCIS believed that his story had holes.
Maybe it did and maybe it didn’t, but here’s what I can tell you:
His original interpreter was not a professional interpreter at all, Russian was not her first language, she was corrected by the monitor five times (more on these monitors in a bit), and they engaged in long discussions.
And from what I gleaned, it is highly likely that his words were misinterpreted.
For example, during our interview he said: “The agent told me to open the trunk and looked at the compromising materials in the back seat.” The immigration officer then questioned him with overt suspicion why he had originally stated in his interview that these materials were in the trunk. His answer: “I never said that.” His written declaration coincided with the story he voiced to me.
This happened several times in our interview. While I was not there when he had his first interview and I hate to revile my colleagues, it all points to a misinterpretation.
Whether or not he was lying is not for me to say, but I can tell you that immigration officers look very keenly at any discrepancies in people’s stories (as a sign of lying), so these discrepancies MUST NOT come from the interpreter.
Curiously, in our case, the immigration officer also made several material mistakes when repeating the story back to us – this only tells us that people in general have a tendency to alter. So, one of the reasons why trained interpreters must be used is because we have this habit “beaten out” of us by our codes, training, and practice.
Hence, my most sincere advice to clients or anyone helping them – even though USCIS does not require professional interpreters – please don’t try to “save” by using amateur interpreters in USCIS cases! (Or any cases, for that matter).
If you would like my linguistic help with an immigration case, I’m here for you!
Preparing for USCIS Certified “Translation” (Interview)
Advice to interpreters: even if you’re a true-blue professional, please do your due diligence for each and every case.
Example: in this last case I cited, the client used a medical term, “comminuted fracture,” which means that the bone was fractured into three or more fragments. Had I not reviewed his declaration (also known as an “affidavit”) the night before, I would never have known this term.
And yet, when I said this exact word, the officer nodded in approval – that tells me the translator who worked on the written declaration probably did a good job and used the same term. Now, this served the interviewee well – after all, at least a few things matched. Do you see how this may have helped his case? Had I used another term or just said the term “fracture,” her next question may have been: “Why did you not say ‘comminuted fracture’ right now?” By the way, this did happen during the interview – but it was not a strike against me because the things “missed” were in the previous interview.
Another interview I had was about a Muslim who was persecuted both for his religion and his ethnicity. In his declaration, he had the names of Islamic institutions galore, many of them acronyms, such as DUM, DUMK, and DUMU.
Now, most Russian interpreters know the term Duma (unless they’re totally ignorant). Duma is a key legislative body in Russia, however his terms had nothing to do with that. His Russian acronym “DUM” meant something completely different – Islamic Spiritual Administration, and the additional letter signified various regions.
Someone who had not prepared could easily think that these were variations of the word “Duma,” thus grossly mistranslating.
Of course, this would likely be caught by the monitor, the lawyer, and the immigration officer, but I am just giving an example. At the very least, it would make the interviewee nervous, and the interpreter would look like a fool.
So, My Friends Interpreters, please prepare by asking for the client’s declaration in advance, reviewing it, and asking any necessary questions.
If you’re a client or their lawyer, please know that if the interpreter has not asked for the declaration, that’s a bad sign.
Quality Control in USCIS Certified “Translation” (Interpreting)
Let’s move on. At immigration interviews, there are these so-called “monitors” – interpreters verifying that the interpretation is correct. They’re present telephonically at every asylum interview (if I’m not mistaken, they’re not always there for green card or marriage visa interviews).
Now, I honestly don’t know how good they are, how they’re trained, and so on.
Personally, I used to almost despise these guys and see them as rivals, but my viewpoint has changed, and today I’m rather nonchalant about them.
In my whole career, such monitors have only interfered three or four times, and only one of those corrections was valid. When it was, I accepted it and rolled with it. When the interruptions were wrong, I corrected them right back (never swallow wrong corrections as an interpreter and never argue with true ones!).
If you want to discuss your interpretation needs for immigration, you know how to reach me.
But no one should depend on these monitors.
First, they are probably not the most highly trained interpreters. Secondly, they’re human and can definitely get tired (I would, if I were listening in on a 4, 6, or 8-hour interview!). Lastly, people have different work ethic, so someone who’s not visible might actually be working or they might be knitting or playing video games.
So, the true responsibility lies on the client’s interpreter.
I’ll give you an example where I corrected myself. Towards the end of an interview, the officer asked how the guy knew several people. He used a very general Russian word (“отдыхать”), which literally means “to rest,” but in this context, the word could mean anything: from taking a nap, to having free time, to going on vacation.
My first version was “we went on vacation together.” But almost instantly, I realized that this was an assumption on my part, especially since he just said he was short on money. So, I clarified with the interviewee, and he explained that they just barbequed on weekends, and so forth. So, I changed my interpretation to “spend free time together.”
Sometimes, clever and caring lawyers will practice (roleplay) with their clients shortly before the interview. If a client has such a lawyer, they’re in luck – because that lawyer actually cares.
For the interpreter, this is a bonus, since we get to understand the story even better and in advance. By the way, who is to prohibit the interpreter from recommending such a meeting? Not to make more money but to truly help the person you’re interpreting for.
A Few More Tidbits on USCIS Certified “Translation”
A few more curious points about these interviews, and then we shall move on to actual translation.
First, simultaneous interpreting is generally not used for the obvious reason that the monitor would not be able to hear both people.
I do sometimes use it if the lawyer is commenting on something to the immigration officer or making his or her closing statement. But sometimes, one of them might object. In that case, they’re either instructing the interpreter not to interpret or they’d have to agree to pause in their discussion and wait for the interpretation.
Also, for years now, USCIS has been using the word “literally” for the interpreter’s oath: “Do you swear to interpret everything literally…” Sometimes they use “word for word” and sometimes they say “translate,” using it interchangeably with “interpret.”
Both are equally absurd, ridiculous, and impossible as any decent interpreter would tell you: a literal translation is folly because languages and their grammar are different from each other, and a “literal” translation will make absolutely zero sense.
What they actually mean is to interpret precisely – without adding, omitting, or altering concepts or details.
I used to argue and demand my own phrasing, but this would cause unnecessary hassle and worry for all. I even wrote to USCIS – strangely enough, they have not changed their oath yet.
So, today I just cross my legs or fingers and say “I do,” really knowing that I’m going to interpret correctly, faithfully, truly, and anything but literally!
We did not talk too much about marriage visa or green card interviews, but these tend to be simpler in comparison to asylum interviews, so if you can do asylum cases, the rest should not pose a problem.
There are many more nuances about USCIS Translation (interpretation), but it all comes down to being a professional and working with professionals.
Let us move on to actual translation.
The Translation Piece in USCIS Certified Translation
Since most people are actually looking for interpretation when searching for USCIS Certified Translation, this part will be shorter.
As I explained, there is no rule that a translation for USCIS must be certified. There should be an attestation from the translator, but again – that’s different.
What is translated are various documents that go into the case: affidavits, certificates, articles that prove the case, etc.
Each asylum case usually revolves around a person’s story, also known as a declaration or affidavit – a sworn written statement.
Just like during interpretation, precision is key. Whenever in doubt, the translator should ask the author what is meant by such and such. Remember, the devil (like the success of the case) is in the details. If the written story doesn’t fully match the story the person tells at the interview, the logical response would be “Hmmm…”.
Assuming that the person is truthful, they would know their story by heart and answer with the correct details. Hence, if the translation contains a mistake, they could be “busted.” Of course, usually such a story is read back to the person before the interview (this is called a sight translation), but I don’t know who performs this back translation. And, believe me, a sight translation is no easy feat, so if it is not done by a pro, the likelihood for errors and omissions is high.
If you want my help with translating a declaration, click whatever should be clicked.
The point is, a declaration must be translated precisely and in good English.
I always, always, always clarify equivocal points when translating a declaration and always insist on clarifying it directly with the author. Not only does this improve the translation, but it also helps the person clarify any ambiguities in their own story.
In fact, the only misunderstanding I’ve ever had in this area was when I allowed myself to be convinced that this was not necessary. Hence, my advice to translators and interpreters is: do your own due diligence and follow your own translation codes. If you’re not permitted to do so, just decline the job!
Professional (and personal) integrity above everything…
As we say in Russian, “No sweetbread will bribe me.”
Clearly, the same principles apply to all other documents.
Sometimes, the person writing the story is not a native speaker of that language or is not super literate, so the story is not written very well. What does one do?
In court, we’re not allowed to change the register (style or level of language). But here, it makes no sense to deliver a story to USCIS written in bad English, so – yes, I would make it clear but without majorly changing his or her writing style.
Enough said on USCIS Certified Translation.
As always, please be a professional and work only with professionals.
And I’m here for you, so please get in touch to talk about your needs!