Legalizing Documents : the Apostille Process

An apostille is a form of authentication that ensures your documents are recognized in a foreign country. You will need an apostille when presenting documents from a foreign country for legal processes like applying for a visa, getting a marriage certificate, conducting business, or adopting a child. Here is a quick guide for navigating the apostille process.

1. Decide Which Documents Require an Apostille

You may follow a different apostille process depending on the document that needs certification. Here is an example: if you need a public document that is issued by a government authority, such as a marriage or birth certificate apostille or a court judgment apostilled, you do not need a notary public or a solicitor in the process.

However, if the document is an educational transcript, corporate document, or diploma, you will require certification before obtaining an apostille. Besides, it is important to determine if the document you want apostilled meets the minimum requirement for the legal process you need completed in the destination country. This makes the process more efficient and smooth.

2. Verify Your Document

Go through your document to determine if everything is up-to-date, complete, and accurate before you present it for certification. You should have all errors and discrepancies corrected before proceeding to the next step. When speaking of errors, it includes the names, dates, and particulars of the items stated in the document.

You can have these issues checked at the office that issued the document. For example, the academic certificate can be corrected by the examining body.

3. Reach Out to the Appropriate Authority

After determining the document that needs to be apostilled, contact the appropriate authority that is mandated for the job. In the US, the Secretary of State affixes an apostille. However, depending on the location, the county clerk may affix the stamp on behalf of the Secretary of State. The One Source Process can assist in determining the appropriate authority in California.

There is an added step where the destination country is not a member of the Hague Apostille Convention. Documents go through a legalization process by the county clerk. Then, the secretary of state authenticates the county clerk.

If you are not sure where to have your documents apostilled, start by contacting your county clerk. They will advise on what to do with the document going forward. The use of a third-party entity simplifies the entire process by clearly determining the process.

4. Check the Consular Policy for Legalization Location

If the document that needs to be legalized is to be presented in a country party to the Hague Apostille Convention, the Secretary of State will affix the stamp, and you can deliver them where you need to use them. However, if the destination country is not a member of the convention, the consular policy determines where legalization will be required.

In some cases, the legalization can be done at the D.C. embassy. Here, the U.S. State Department does the authentication, and legalization is done at the embassy. On the other hand, if the policy requires legalization at the local consulate, the document will undergo the steps above, but the legalization will be done at the consulate office in the destination country.

On the other hand, if the document that needs to be apostilled is from a public-issued federal agency, such as a certified copy of a trademark filing or patent, it needs to be authenticated by the U.S. State Department and legalized at the embassy.

5. Submit Your Documents and Pay the Required Fee

There is a charge attached to the apostille affixing. You pay the fee when submitting the documents that need to be certified. The charge varies from one location to another. However, the price does not exceed $20 for a single copy of the universal apostille. Some states charge lower for apostilles meant for specific purposes, such as adopting children.

The fee is paid via an SOS direct client account, money order, or check. A few locations allow you to pay in cash when you walk to the required office. When writing checks, do them in favor of the secretary of state in your state. The county clerk will aid in determining the office to receive the check.

On the other hand, if you wish to use an apostille service, be prepared to pay more. The advantage of such a service is that it does the footwork for you and just delivers a certified copy of your document. The rates may vary according to the location and type of document. This is a good option if you do not have the time, are far away, or do not know what is required of you.

6. Wait for the Apostille

Once you have completed the application process, you will have to wait for the documents to be certified. The wait duration depends on your state or the federal agency from which you wish to acquire the document certification. Most states will legalize your document in one to three weeks, except for Texas and New Jersey, which takes four weeks, and Nevada, which takes up to eight weeks. Remember, times may change, even in this case.

On the other hand, if you wish to have document legalization from the U.S. Department of State, you have to wait for about 11 weeks to complete the process. A similar process takes up to four months at the U.S. Department of Justice. Finally, the period for embassy legalization depends on the destination country.

It takes a maximum of three weeks. If you do not find your destination country on the list of embassy legalizations, it means that it is part of the Hague Apostille Convention and does not need embassy legalization.

Remember, the wait duration may increase greatly if there are errors in the document. This is why it is important to double-check your documents beforehand.

7. Take Your Document Where Required

When the process is complete, you will receive the original document or a copy of the document with an apostille certificate attached to it. You can now use your document validly in the destination country. With an apostille, you do not need additional certification to use the document. It will work as it would in your home country.

The apostille legalizes documents so that they can be recognized in a foreign country. This process involves various steps and varies according to the document or if the destination country is part of the Hague Apostille Convention. Most states will complete the process in less than a month, but federal agencies can take much longer. You can also seek help from an legal service provider to do the footwork for you.

In a Nutshell

By following the steps outlined in this guide, you can effectively navigate the apostille process and ensure your documents are authenticated within a reasonable timeframe. Whether you choose to handle it yourself or enlist professional assistance, the goal remains the same: to obtain valid and legally recognized documents for international use.