In the USA, documents can be apostilled at either the state or federal level, depending on the issuing authority of the document you need authenticated.
Understanding Apostilles in the USA
An apostille is a certification issued by a government to authenticate documents for international use. It confirms the authenticity of the signature, the capacity in which the person signing the document acted, and, where appropriate, the identity of the seal or stamp which the document bears. This process is necessary for documents to be recognized as legitimate in countries that are members of the Hague Apostille Convention.
In the United States, the authority responsible for issuing an apostille depends on whether the document was issued by a state-level entity or a federal-level entity.
State-Level Apostille
What Documents Require a State Apostille?
Most commonly, documents requiring an apostille are issued by state-level authorities. These include:
- Personal Documents: Birth certificates, marriage licenses, death certificates, divorce decrees.
- Educational Documents: Diplomas, transcripts (often require notarization first).
- Business Documents: Articles of incorporation, certificates of good standing.
- Legal Documents: Powers of attorney, affidavits, notarized documents.
Where to Get a State Apostille?
You must obtain a state-level apostille from the Secretary of State's office in the specific state where the document was originally issued. For example, if you have a birth certificate from California, you must get it apostilled by the California Secretary of State.
Each state's Secretary of State office has its own procedures, fees, and processing times. It's crucial to visit the official website of the relevant state's Secretary of State for precise instructions.
Process & Tips for State Apostilles
- Verify Requirements: Confirm if the document needs to be an original, a certified copy, or notarized before submission.
- Complete Forms: Fill out any required application forms from the Secretary of State's office.
- Payment: Prepare payment for the apostille fee (typically a small fee per document).
- Submission: Most states allow submission by mail, and some offer in-person services for expedited processing.
- Processing Time: Be aware that processing times can vary significantly by state, from a few days to several weeks.
Federal-Level Apostille
What Documents Require a Federal Apostille?
Documents issued by U.S. federal government agencies require a federal apostille. Examples include:
- FBI Background Checks: Commonly needed for employment or residency abroad.
- Documents from Federal Agencies: U.S. Citizenship and Immigration Services (USCIS), Internal Revenue Service (IRS), Food and Drug Administration (FDA), Social Security Administration, etc.
- Consular Reports of Birth Abroad (CRBA): For U.S. citizens born outside the U.S.
Where to Get a Federal Apostille?
Federal documents are apostilled by the U.S. Department of State's Office of Authentications. This office is the sole authority for authenticating federal documents for international use.
You can contact the U.S. Department of State's Office of Authentications directly at 202-485-8000. Their physical address is 600 19th Street, NW, Washington, DC 20006.
Process & Tips for Federal Apostilles
- Mail-In Service: The Office of Authentications primarily processes requests via mail. Ensure your documents are prepared according to their specific guidelines.
- Required Forms: Download and complete Form DS-4194, "Request for Authentications Service," from the Department of State's website.
- Fees: Include the correct payment for the authentication services.
- Self-Addressed Envelope: Provide a self-addressed, stamped envelope or a prepaid shipping label for the return of your documents.
- Check Status: You can often check the status of your request online.
Key Differences at a Glance
To clarify where to obtain your apostille, consider the issuing authority of your document:
| Aspect | State-Level Apostille | Federal-Level Apostille |
|---|---|---|
| Issuing Authority | State government (e.g., vital records, court records) | U.S. federal government (e.g., FBI, USCIS, IRS) |
| Where to Obtain | Secretary of State's office in the issuing state | U.S. Department of State's Office of Authentications |
| Common Documents | Birth/Marriage Certificates, Diplomas, Notarized Docs | FBI Background Checks, Federal Agency Documents |
| Primary Submission | Mail, some in-person options | Mail only (with very limited exceptions for emergencies) |
Important Considerations
- Check Destination Country Requirements: Always verify with the receiving party or the embassy/consulate of the destination country whether an apostille is indeed what you need, as some countries may require further legalization (consularization) or may not be part of the Hague Convention.
- Original vs. Certified Copy: Many documents must be originals or certified copies issued by the record custodian to be eligible for an apostille. Notarized copies of original documents are often sufficient for educational or personal papers.
- Processing Time: Plan ahead, as processing times can vary significantly. Expedited services may be available for an additional fee at the state level but are generally very limited at the federal level.
- Professional Assistance: If the process seems overwhelming, consider using an apostille service or agency. These companies specialize in navigating the requirements for various document types and jurisdictions.
External Resources
For more detailed information on document authentication services, including apostilles, you can refer to reputable sources:
