State vs. Federal Apostille
Issuing Authority
State Apostille: Issued by the Secretary of State of the state where the document originated (e.g., California Secretary of State).
Federal Apostille: Issued by the U.S. Department of State in Washington, D.C.
Type of Document
State Apostille: Used for documents such as birth and death certificates, marriage licenses, notarized documents, and business filings from a specific state.
Federal Apostille: Used for documents issued by U.S. federal agencies, such as FBI background checks, IRS Form 6166, or USCIS Certificates of Naturalization.
Submission Process
State Apostille: Submitted directly to the relevant state’s Secretary of State office. Some states offer walk-in and mail-in services.
Federal Apostille: Must be sent to the U.S. Department of State, Office of Authentications in Washington, D.C.
Processing Time
State Apostille: Typically takes 1–3 business days, with options for same-day or expedited service depending on the state.
Federal Apostille: Usually takes 1.5–2 weeks, unless expedited through a service like Orange County Apostille.
FAQ
What is the difference between a federal and state apostille?
A state apostille is issued by a Secretary of State for documents originating within that specific state, such as birth certificates, marriage licenses, or notarized documents. In contrast, a federal apostille is issued by the U.S. Department of State for documents originating from federal agencies, like the FBI, IRS, or USCIS. Both apostilles serve the same purpose—international recognition—but they are processed by different authorities depending on the document’s origin. Learn more about federal apostilles from the U.S. Department of State and state apostilles from the California Secretary of State.
Can a document receive both a state and a federal apostille?
No, a document only requires one apostille from the appropriate authority. If your document is from a federal agency, it needs a federal apostille. If it’s a state-issued or notarized document, it requires a state-level apostille. Issuing both would be redundant and not accepted by foreign authorities.
Which documents require a federal apostille?
Documents issued by U.S. federal agencies must be apostilled through the U.S. Department of State in Washington, D.C. This includes FBI background checks, IRS Form 6166, naturalization certificate copies, FDA/USDA documents, and passport certifications. These documents cannot be apostilled at the state level, regardless of where you reside. You can review federal apostille requirements on the U.S. State Department website.
Who issues federal apostilles?
Federal apostilles are issued by the U.S. Department of State – Office of Authentications, located in Washington, D.C. This is the only federal agency authorized to apostille documents originating from federal sources. You can find submission instructions, forms, and address information on the U.S. State Department’s apostille page.
Which documents require a state apostille?
State apostilles are used for documents like birth certificates, death certificates, marriage certificates, divorce decrees, and notarized affidavits that originate from a specific U.S. state. Each state has its own Secretary of State office that handles the apostille process. For example, documents from California must be apostilled through the California Secretary of State. The document must either be notarized in that state or issued by a government agency within that state.
Who issues state-level apostilles?
Each U.S. state’s Secretary of State is responsible for issuing apostilles for documents that originate within their jurisdiction. For example, California residents must submit state documents to the California Secretary of State Apostille Office. The office verifies the official’s signature and seal before issuing the apostille certificate. Processing times and requirements vary by state.
Apostille Service Provider
When you need to use U.S. documents overseas, obtaining an Apostille is essential for their legal recognition in countries that are members of the Hague Apostille Convention. The process of obtaining an Apostille can vary significantly depending on whether the document is federal or state-issued. Here’s an in-depth look at the differences between state-level and federal Apostilles, detailing each process, the types of documents handled, and the authorities involved.
State-Level Apostille
Definition and Authority
A state-level Apostille authenticates state-issued documents, making them valid for use in foreign countries that are part of the Hague Convention. Each state has a designated authority, typically the Secretary of State or the state’s Department of State, responsible for issuing Apostilles.
Documents Handled
The types of documents that generally require a state-level Apostille include:
• Vital Records: Birth certificates, death certificates, and marriage certificates.
• Legal Documents: Notarized documents, power of attorney, affidavits, and other court documents.
• Academic Records: Transcripts, diplomas, and other educational credentials issued by state-recognized institutions.
Process
To obtain a state-level Apostille, the document must first be certified by the issuing state agency or notarized by a state-commissioned notary public. The document is then submitted to the state’s designated Apostille issuing authority. The process typically involves verifying the seal and signature of the notary or official on the original document.
Purpose
The primary purpose of a state-level Apostille is to verify that the document is legitimate and the signatures are genuine, thereby facilitating its acceptance in member countries of the Hague Apostille Convention.
Federal Apostille
Definition and Authority
Federal Apostilles authenticate documents issued by U.S. Federal agencies, such as the FBI, the U.S. Department of Homeland Security, and other federal departments. The U.S. Department of State, Office of Authentications, is the designated authority for issuing federal Apostilles.
Documents Handled
Documents typically needing a federal Apostille include:
• Federal Background Checks: Such as those issued by the FBI.
• Administrative Documents: Including those from the Social Security Administration or the U.S. Patent and Trademark Office.
• Federal Court Documents: Decrees, judgments, and filings.
• Certificates of Naturalization: Documents proving U.S. citizenship obtained through naturalization.
Process
To receive a federal Apostille, the document must originate from a U.S. federal agency and be submitted directly to the U.S. Department of State’s Office of Authentications. This process ensures the document is authenticated at the federal level, certifying its origin from a U.S. federal entity.
Purpose
Like its state-level counterpart, the purpose of a federal Apostille is to certify the authenticity of a federal document for acceptance in foreign countries under the terms of the Hague Apostille Convention.
Summary
Understanding the distinction between state-level and federal Apostilles is crucial for properly legalizing your documents for international use. The key differences lie in the jurisdiction of the originating document and the respective issuing authority:
• State-Level Apostilles are handled by state authorities and apply to documents originating within that state or territory.
• Federal Apostilles are managed by the U.S. Department of State and are necessary for documents originating from federal agencies.
Both state-level and federal Apostilles facilitate the international legal acceptance of documents by certifying their authenticity. Whether you are dealing with personal, educational, or legal documents, knowing which type of Apostille your document requires is essential for ensuring smooth international interactions.