Documentation Standards Flashcards

A client's birth certificate is in Spanish. Under USCIS rules, what must accompany the copy submitted with the application?

Answer: A full English translation certified by a competent translator as complete and accurate

8 CFR 103.2(b)(3) requires a full English translation with the translator's certification of competence and accuracy.

Unless USCIS specifically requests originals, how should most supporting documents be submitted with a benefit request?

Answer: As legible photocopies

Under 8 CFR 103.2(b)(4)-(5), ordinary legible copies are acceptable unless originals are required or requested.

A client's birth was never registered. Before relying on secondary evidence, what should the consultant generally obtain first?

Answer: A certificate of nonavailability from the appropriate civil authority

USCIS expects proof that primary evidence does not exist, typically a nonavailability certificate, before accepting secondary evidence.

When affidavits are offered as secondary evidence of a birth, who should generally provide them?

Answer: At least two persons with personal knowledge who are not parties to the petition

8 CFR 103.2(b)(2) calls for affidavits from two or more persons, not parties to the petition, with personal knowledge of the event.

Which resource does the U.S. Department of State publish to show what civil documents are available from each country and how to obtain them?

Answer: The Reciprocity and Civil Documents schedule

The DOS reciprocity schedule lists country-specific availability of birth, marriage, police, and other civil records.

A client submits an I-130 with a photocopy of a two-sided marriage certificate but only copies the front. What is the best practice?

Answer: Copy both sides, since annotations or registration details may appear on the back

Complete copies, including reverse sides with seals or notations, avoid RFEs for incomplete evidence.

Eligibility for most USCIS benefits must be established as of what point in time?

Answer: The time of filing, and continuing through adjudication

8 CFR 103.2(b)(1) requires eligibility at filing and continuing until a decision is made.