What is an apostille and how to obtain it
Why you were asked for an Apostille on a document?
You are dealing with the documents meant for international use for the first time in your life and query why a Power of Attorney, a personal statement or affidavit that you notarized and sent to a foreign country was denied acceptance. Does a Notary or an attorney who handles your matters in a foreign country say that your notarized document is not complete because is missing an U.S. Apostille Stamp or an Apostille Certificate issued by relevant authorities?
Pursuant to the Hague Convention and international requirements on document legalization procedures, any document drawn up or issued in the USA and meant for a foreign country, shall bear Apostille or shall be properly legalized in an consulate or embassy of the country which did not join the Apostille Convention.
How to obtain an document Apostille or legalize them?
Second: Obtaining official transcript or notarizing a document
If the document which requires an Apostille stamp is a vital record (a birth certificate, marriage license / certificate or death certificate), a court document (judgment of divorce, certificate of non – appeal, name change decree, decision on child custody, etc.), you have to obtain a recently issued certified copy of the document from the Department of Health, City Clerk Office, County Clerk Office, Supreme or Family Court, verified and authenticated by a government body. If it is an FBI background check certificate, Form 6166 (U.S. Tax residency), local Police Clearance Certificate, you have to obtain them from FBI, U.S. Treasury Office or a local police station. authorities. If the document in question is a Power of Attorney, a Waiver (for Inheritance for example), an Affidavit (such as Affidavit of Single Status or Affidavit of Name Change), the document shall be drawn (composed) by you or an attorney.
Take into consideration that these types of documents should be composed in professional legal language, weather English of a foreign language to meet legal requirements of a particular foreign country. If you are not sure you able to create legally a correct and well–composed document, it is recommended to hire a professional help.
Third: Signature notarization
After a power of attorney, statement, or consent is written, take it to a notary public to get your signature notarized. For state – issued or federal documents, skip this step.
Fourth: Document authentication
Document authentication means verifying the validity of the license of a notary who notarized your signature or signature and seal of State issuing authority. Authentication should be obtained in relevant court department or county clerk’s office .
Fifth: Document consular legalization
If the country you intend to present your document in is not a party of the Apostille Treaty, contact embassy or consulate of the country and find about their particular requirements of the document legalization procedure. The specifics of embassy and consular legalization process was already discussed in one of our articles.
Sixth: Document Apostille
Once authentication is done, the document are ready for Apostille certification which may be obtained in the U.S. Department of State division or U.S. DOS if the document in question is a federally – issued document.
Seventh: Document certified translation
The document is apostilled now; however, it is not complete yet. Presently, most of foreign countries or their consulates require document certified translation into a foreign language. I some cases, the translations shall be authenticated and apostilled as well.
The above explained process may look as a challenging undergoing if you’ve never done an Apostille before. Whether you are applying for a dual citizenship, employment is a foreign country, move out into a foreign country, marriage with a foreign citizen, intend to register your divorce abroad, record your marriage with the foreign authorities or anything else, contact us if you have any questions or need an assistance with your document. We’ll be happy to help.