How to Get an Apostille on Documents Issued in the USA

Created: Feb 19, 2024 | Updated: Mar 11, 2024

Getting your documents translated and legalised in the United States of America is very important if you are involved in international transactions. It can also be a challenging exercise. However, it doesn’t have to be like that. Our blog post breaks down the process so it's easy to understand and you can get the full picture of what you need to do to ensure your documents are accepted in the United States of America. 

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Understanding Document Legalisation in America

Document legalisation refers to the process of certifying the authenticity of a document that is meant for use in another country. This typically involves verifying the signatures, seals, and content of the document to ensure it is in line with the legal requirements of the country that will be receiving it.  The purpose of document legalisation is to ensure that the document is recognised as valid and legally binding in the foreign country where it will be used. In America, documents can be legalised in two ways: By Hague apostilles and by Consular Legalisations.

What is an Apostille in America?

In America, an apostille is a form of legalisation that requires using a special stamp or certificate that makes a document valid and proves its origin by confirming the legitimacy of the signature and the authority of the official who signed it. It is a simplified way of proving that the document is real and official. Apostille legalisation ensures that documents are recognised as valid in countries that are part of the Hague Convention of 1961 on the Simplification of the Apostille. It simplifies the process of document recognition between foreign countries, eliminating the need for additional certifications like consular legalisation in member states.

What Does the American Hague Apostille Document Look Like? 

There are 156 countries that are part of the Hague Convention. 65 of these countries are connected parties, which means that they are partial members or they are in the process of becoming full, permanent members. The other 91 countries are permanent members of the convention and the United States is a part of them.  The American apostille document comes in the form of a rectangular printed stamp that carries the handwritten name and signature of the apostille official, an official seal and the name of the State that issued it. It has a heading indicating that it is an “Apostille” or “Authentication Certificate” and beneath it is a reference to the Hague Convention (Convention de la Haye du 5 octobre, 1961). The apostille also contains other information about the document such as the date it was issued and a reference number. 

In America, the competent authorities responsible for issuing apostilles are: 

• The US Department of State (federal documents).
• Court secretaries (documents issued by the federal courts).
• Secretaries of State (documents issued by their respective states).
   

 

 

What Documents Can be Legalised in the United States of America?

People typically need to legalise a range of documents for various purposes, depending on their needs. Here are the common documents that people often legalise in America:

• Civil status certificates: Marriage certificates, birth certificates, death certificates, etc.
   
• American trade and commercial register excerpts: Documents related to business registrations and trade activities.
   
• Federal Bureau of Investigation (FBI) Background checks.
   
• Internal Revenue Service (IRS) documents.
   
• Land register extracts: Official documents providing information about real estate or land ownership and legal status.
   
• Documents Connected with a Court: Documents related to legal proceedings and judgments.
   
• Commercial documents legalised by a state registration body: Articles of incorporation, registration certificates, tax registrations etc.
   
• Patents: Documents related to patents and intellectual property.
   
• Academic Diplomas issued by Public Institutions: Transcripts, overviews of subjects and grades, matriculation certificates, and additional certificates from schools or universities.
   
• Notarised documents: Certified documents, certified translations, authorisations, last will, declarations.
   

 

Types of Documents That Cannot be Legalised in America

• Documents Not Issued by Competent Authorities: Private contracts, private letters, or documents issued by non-official entities.
   
• Commercial Documents: Documents such as invoices, trade contracts, and customs documents. 
   
• Diplomatic and Consular Documents.
   
• ID Cards.
  
   

Consular Legalisation

Consular legalisation involves a more complicated procedure. It is also the process of confirming or certifying legal documents to ensure their recognition and acceptance by another country's legal system. However, it is an extra layer of verification in addition to the apostille that is carried out by the diplomatic or consular mission in the USA representing the country where the document is intended for use. For Example, a document to be used in Namibia will be legalised by the Namibian Embassy in America. 

This is done if the document is to be used in countries that are not part of the Hague Convention or when one of the states involved has raised objections to the other's accession. Consular legalisation can be a more expensive and time-consuming process compared to getting an apostille stamp. This is because various local authorities such as the US Department of State and the diplomatic mission of the destination country are involved in this legalisation process. Several additional certifications are required before your document can receive approval in America at the embassy or consulate of the destination country.

 

How to Legalise Your Documents in America

Here is a simple guide to legalising your documents in America going to other countries:

Step One - Get the Original Documents: Ensure you have the original document or an official copy issued by the relevant American authorities. Make sure that the copy has the official seal and signature of the institution and is a true copy of the original. 
 

Step Two - Translate the Document: If the document is not already in the official language of the destination country, you'll need to get a notarised translation. This translation should be done by a trusted USCIS-certified translation service in America or according to the official translation requirements of the receiving country Certified translation services ensure your documents are translated accurately and legally.
 

Step Three - Have Them Certified: Certify your documents by getting them notarised. To make this step easy, Translayte offers you a place to translate and notarise your documents altogether. All you have to do is select the “notarisation” option while placing your certified translation order. This certification verifies the authenticity of the document and the signatures on it. 
 

Step Four - Get the Apostille From The Appropriate Authorities:

You are expected to submit the following documentation when getting an apostille in the USA:

• A completed apostille authentication request form from your state’s or appropriate authority’s website with:
• Your name (for a minor, the name of the adult making the application should be used).
• The name of the receiving country.
• Your daytime phone number and email address.
• Information on where the documents should be mailed after processing.
• The original unaltered and notarised certified copy of the document.
• Legalisation Fee of $5-$50 per document, depending on the state.
   

Step Five - Receive the Apostilled Document: Once the apostille is affixed, the apostilled documents will be mailed to you. Your document is now valid for use in countries that are party to the Hague Convention. 
 

Step Six - Send the Document to the Embassy or Consulate (for Consular Legalisation): If the receiving country does not recognise the Hague Convention, you will need to visit the U.S. Department of State and then the receiving country’s embassy or consulate in America and further legalise the document according to their requirements. After this step, you can use your document in the receiving country. 
 

How to get a Notarised Translation in America Online

To get a notarised translation in America online, follow these steps: 

1. Visit the Translayte website. 

2. Click on “Order Certified Translation”.

3. Select “Certified Translation”, select the target and source language, and your preferred turnover time. 

4. Upload the document you want to translate. Ensure the file has been named correctly. 

5. Select either the Standard, Specialist or Professional translation services, based on your needs and budget.

6. Specify that you want a “notarised translation” and any other specifications you prefer for your document.

7. Place your order and wait for your translation.  Your translation will be delivered to you either by email or by post on or before the stipulated time.
 

Getting an Apostille For Documents Going to The US

Getting an apostille on document(s) to be used in America is the process of legalising documents that will be used in America, according to the legal requirements of the American authority receiving the document(s). Authorities such as Notaries, or the Embassy do the attestation of documents, however, the final attestation is done by the Ministry of Foreign Affairs of your country. 

Here’s the process for getting an apostille in your country for documents going to America:

1. Identify the Competent Authority: Find out the authority responsible for issuing apostilles in your country. The competent authority responsible for issuing apostilles in most countries is usually the Ministry of Foreign Affairs. If it is a different authority, make sure to identify them. 
 

2. Prepare Your Documents: Make sure your documents are in order and meet any requirements set by the Ministry of Foreign Affairs in your country. This usually includes notarisation, translations or other authentication steps. The documents you will be expected to take along with you usually include:

• The original documents that are to be legalised.
• A national identification like an international passport or national ID card.
• Photocopies of your documents.
• Proof of payment of legalisation fees.
• A filled application form, usually from the Ministry of Foreign Affairs of the country.
   

3. Submit the Documents: Submit your documents to the Ministry of Foreign Affairs along with any required fees set by your country. This can often be done in person or through their designated channels.
 

4. Wait for Processing: Wait for the Ministry of Foreign Affairs to process your request. Processing times for every country are different, so it's advisable to check with them for an estimated time. 
 

5. Receive the Apostilled Documents: Once the apostille is issued, you can either pick up the documents in person or have them mailed to you, depending on the options provided by the Ministry of Foreign Affairs in your country. Before travelling to America, ensure that the apostille has been properly affixed as per the requirements of the Hague Apostille Convention. Here are some of the things to check for: 

• The Seal and Signature: Look for the official seal of the competent authority that issued the apostille. There should also be a signature of an authorised representative from the apostille office.
   
• Verify the Document: Ensure the apostille is attached to the correct document. Check that the details on the apostille, such as the parties' names, match the document's information. 
   
• Check for Watermark or Security Features: Every country’s apostille has security features such as watermarks, numbers, barcodes, etc., to prevent forgery. Make sure to confirm which security features are present in your country’s apostille and that they are present in your apostille.
   
• Examine the Language: Make sure that the language on the apostille is consistent with the language used in the official documents of your country.
   
• Use Online Verification Tools: Many countries have online verification tools where you can check the apostille to confirm its authenticity. For instance, the state of Washington in America has an online verification system where you can input information about apostilles issued by them and confirm that it is legitimate. 
  
   

Get USCIS-Certified Translations With Translayte

Every foreign document that is not in English needs to be translated by a certified translator in America. Translayte is your best bet for getting locally relevant professional translation services, including meeting the standards set by international authorities is our top priority. 

Our USCIS-certified translators ensure that your documents are not just translated but also in line with American standards. Give it a try and request a free quote in a few easy steps.
 

FAQs 
 

What is the Difference Between a Notary and an Apostille in the USA?

In the USA, a notary is an authorised person whose primary role is to verify the identity of signatories and ensure the authenticity of documents. While, an apostille is a certification affixed to a document by a designated authority, typically a state's Secretary of State or Department of State. The apostille verifies the authenticity of the document itself, rather than the signatures or content within it.
 

Who is the Competent Authority for Apostille in the USA?

In America, the competent authorities responsible for issuing apostilles are, the U.S. Department of State (for federal documents), Court secretaries (for documents issued by the federal courts) and Secretaries of State (for documents issued by their respective states).
 

How Long is an Apostille Valid in the US??

In the US, an apostille does not have an expiry date. It will have a date of issue but not an expiry date. 
 

What is a Notarised Translation?

A notarized translation is a document that has been translated from one language to another and has been certified by a notary public. In this process, the translator signs the translated document in the presence of a notary public, who then verifies the translator's signature and certifies that the translation is accurate and complete to the best of their knowledge. 
 

Related Posts: 

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Steps To Legalising And Translating A Document In Brazil

How To Get An Apostille On Documents Issued In Portugal