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When will an EB-5 investor need a translator?

I am asking this question for my friend in China who wants to apply for EB-5 through a regional center. He is not fluent in English and wants to know how this will affect his EB-5 application? Do all the application documents have to be filed in English? When will he need a translator throughout the whole green card process, and is he allowed to hire his own translator?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    All foreign-language documents submitted to the USCIS must be accompanied by a complete English translation and a certification from the translator that he or she is fluent in the foreign language and in English and that the translation is complete and accurate. There are many translations companies in China that offer this service. The EB-5 applicant and his or her family will not need a translator for their immigrant visa interview. The interview will be conducted in Chinese.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Documents in a foreign language submitted with the I-526 petition or any other immigration petition must be accompanied by translation into English with a translator certifying it is an accurate translation and he/she is fluent in English and the foreign language. There is no requirement that the EB-5 investor be fluent in English. The investor can hire his own interpreter or translator to translate documents or hire one in the United States.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes we recommend that everything he is to sign be translated for him. This can certainly be any competent translator of his choosing.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Yes, all documentation provided to USCIS must be translated into English. He can hire his own translator as well.

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    John J Downey

    Immigration Attorney
    Answered on

    He should hire his own translator. All documents for legal purposes will be in English. His lack of English will not effect the EB-5 process. When he appears at the U.S. Consulate for a visa he may have a translator.

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    Robert Cornish

    Securities Attorney
    Answered on

    Most EB-5 fund documents are in English and will be governed by the original English language to the extent that there is translated PPM out there. You can certainly ask for translated offering documents. There are EB-5 regional centers out there that already translate their stuff into English. As an investor, your friend should have access to someone who can perform due diligence on the deal, assist with questions, and guide them through the subscription process.

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    Michael A Harris

    Immigration Attorney
    Answered on

    The core documentation of his filing that consists of proof that his funds were lawfully obtained will require translation. This can be accomplished through reputable translation companies that will work with immigration counsel to ensure that a lawful path and source of funds can be proven with the EB-5 application. The U.S. Immigration Service requires complete and accurate translations. Identifying the right documentation to minimize the cost of translation will be very important.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Because the EB-5 case is for obtaining U.S. immigration benefits, all the applications and supporting documents must be submitted in English. Thus, all the Chinese documents must be translated before being submitted. The investor could definitely hire his own translator. Even you could provide the translation assistance to your friend if you are very confident about the fluency in both languages and comfortable doing so. Also, there are many EB-5 attorneys who could speak the language and/or have Chinese-speaking staff working for them so you need not worry about your friend not being able to communicate.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, all documents submitted to USCIS must be with certified translation if the original language is not English. When your friend prepares for an I-526 petition, his attorney may have someone translate the documents for him. Or, your friend may find a translation company to translate all documents. It is not necessary that an EB-5 investor speaks English himself/herself.

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    Ian E Scott

    Immigration Attorney
    Answered on

    All documents that are submitted to USCIS for an EB-5 petition must be translated to English and you can use your own translator. The translator will have to certify that they are fluent in both English and Chinese and attest to the correctness of the translation. The applicant should also have a translator to translate every word of the government forms filed for him/her as that will be in English and he/she must understand what he/she is signing.

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