Apostille for Immigration: When You Need It and When You Don’t

USCIS needs a certified translation, not an apostille. See when a US document needs one, which office issues it, and fees from $2 to $25 by state.

Federal Apostille Fee
$20 per document
FBI Report Fee
$18
Hague Parties
130 countries
USCIS Requirement
Translation, not apostille

An apostille is a one-page certificate that confirms a public document, such as a birth certificate, a court record or an FBI report, is genuine, so another country that belongs to the Hague Apostille Convention will accept it without any further stamps. For most people filing papers inside the United States, you do not need one.

That is the short answer, and it saves real money. USCIS asks for a certified English translation of any foreign-language document under 8 CFR 103.2(b)(3). Neither that rule nor the Policy Manual chapter on foreign birth certificates asks for an apostille. If a form instruction or an officer has not asked for one, do not buy one.

Apostilles matter in the other direction. When you take a US document to a foreign government, for example an FBI background check for a visa application in Spain or a US marriage certificate for a spouse visa abroad, the receiving country often wants an apostille on it. That is where most readers get stuck.

The second trap is picking the wrong office. A document issued by a state or a notary is apostilled by that state’s Secretary of State. A federal document, such as an FBI Identity History Summary, can only be apostilled by the US Department of State. Send it to the wrong office and it comes back unprocessed, usually after weeks.

The third question is whether the destination country is in the Convention at all. The Hague status table lists 130 contracting parties as of its 30 June 2026 update. If the country is not on it, you need the older, slower chain of legalization through that country’s embassy.

This guide walks through the decision in five steps, with verified fees for the Department of State and seven large states, the India and Philippines processes for documents going the other way, and the mistakes that cost people a second round of fees. For the related paperwork, see our guides on police clearance certificates and consular processing timelines and fees.

1

Find out who is actually asking for an apostille

Start with the person or office that will receive the document, not with a search for an apostille service. There are three common situations, and only the last two usually need one.

Do you need an apostille?
SituationApostille needed?What to do instead
Foreign document filed with USCIS (green card, naturalization, I-130)Not required by the ruleAttach a certified English translation if it is not in English
Foreign document for a consular interview or NVC uploadCheck the postFollow the State Department reciprocity page for that country and the embassy instructions
US document going to a foreign government or employerUsually yesApostille from the issuing state or the State Department, if the country is in the Convention
US document going to a non-Hague countryLegalizationState or federal authentication, then the destination embassy
Tip

Ask the requester one question in writing: “Do you need an apostille, or is a certified copy enough?” Many offices say apostille when they only need a certified or notarized copy.

USCIS Policy Manual
Evidence and translation rules for USCIS filings
2

Work out which office issues the apostille

In the United States, the issuing authority depends on who issued or notarized the document. State birth, marriage and court records, and anything notarized in a state, go to that state’s Secretary of State. Documents issued by a federal agency go to the US Department of State, Office of Authentications.

The common federal example is the FBI Identity History Summary. The FBI charges $18 for the report, and a channeler adds its own fee for faster delivery. Texas and New York both state that they cannot apostille federal documents, so a state office is the wrong place to send it.

Apostille fees, November 2026
US Department of State, per federal document (form DS-4194)$20
California, per apostille (in person adds $6 handling)$20
New York, per document$10
Texas, per apostille$15
Florida, per apostille ($20 for county-certified records)$10
New Jersey, standard (expedited $40, plus a small payment fee)$25
Illinois, per apostille$2
Washington, per apostille$15
Warning

The State Department fee is nonrefundable, even if the office returns your document with a letter instead of a certificate. Confirm the document type on the current State Department page before you mail it.

Form DS-4194
Request for authentication services, US Department of State
3

Check whether the destination country is in the Hague Convention

If the country is a contracting party, one apostille is enough. If it is not, the document needs legalization: authentication in the US, then a stamp from that country’s embassy or consulate. The Hague Conference publishes the status table, and the dates below come from its 30 June 2026 update.

Hague status for common immigration countries
CountryIn force sinceRoute
India14 July 2005Apostille
Philippines14 May 2019Apostille
China7 November 2023Apostille
Pakistan9 March 2023Apostille
Canada11 January 2024Apostille
Mexico14 August 1995Apostille
Bangladesh30 March 2025Apostille
NigeriaNot listedLegalization through the embassy
United Arab EmiratesNot listedLegalization through the embassy

Viet Nam acceded on 31 December 2025, with the Convention taking effect for it on 11 September 2026, so it is now in force. Nigeria and the UAE do not appear in the table as of the 30 June 2026 update. Tables change, so check the live list before you pay.

HCCH Apostille Status Table
Live list of contracting parties and entry-into-force dates
4

Prepare the document before you send it

An apostille certifies the signature or seal on a document, not the contents. So it has to sit on the right version of the document. A photocopy of a birth certificate cannot be apostilled. You need a certified copy from the vital records office, and the office that issued it must be one the apostille authority recognizes.

Before you mail anything
  • The original or a certified copy, not a photocopy
  • The signature of the official, or notary, on the document is current on the state’s records
  • The correct office: state Secretary of State, or the State Department for federal papers
  • One fee per document, paid by the method the office accepts
  • A prepaid return envelope with tracking
  • The destination country written on the request if the form asks for it
Warning

If you add a notarized translation to a vital record, some states issue a separate apostille for each, and charge for each. New Jersey does this, for example. Ask which pieces the receiving country actually needs apostilled.

5

Apostilles for documents coming from India and the Philippines

The same logic applies in reverse. Applicants from India and the Philippines are often told to apostille a document before they file it. For USCIS, the rule is still translation, not apostille. For an embassy interview, follow the embassy checklist, and keep the apostille only if the post asks for it.

India’s Ministry of External Affairs charges Rs 50 per apostille, and an outsourced agency adds its own handling charge, so the total is higher. India says to apply well in advance because the page gives no processing time.

The Philippines Department of Foreign Affairs charges PHP 100 for regular processing and PHP 200 for expedited processing per document. Official sources disagree on turnaround, ranging from about three to seven working days for regular service, so book an appointment and read your site’s notice.

Home-country apostille fees
India MEA, per apostille (agency charge extra)Rs 50
Philippines DFA, regular, per documentPHP 100
Philippines DFA, expedited, per documentPHP 200
Tip

If the document is for a consular interview abroad, our consular processing walkthrough explains the steps, so you can ask the embassy about apostilles before you pay for one.

1
Paying for an apostille USCIS never asked for

If the form instructions and the receipt notice ask only for a translation, an apostille adds cost and delay without helping your case.

2
Mailing a federal document to a state office

An FBI report must go to the State Department. A state office will return it, and you lose the postage and the wait.

3
Assuming every country accepts one stamp

Countries outside the Convention, such as Nigeria and the UAE as of the June 2026 table, need the embassy step after authentication.

4
Apostilling a copy or a stale record

Order a fresh certified copy first. The state can only certify a signature it has on file, and a copy of a copy will not qualify.

5
Forgetting that fees and times change

State fees move with each legislative session, and the State Department publishes its own processing notices. Confirm both on the official page the week you mail.

After you have the apostille

Keep a scan of the full set, document and apostille, before it leaves your hands. If the document goes into a visa file, check whether the receiving office wants the original or a copy. For a document that also needs a clearance certificate, see our police clearance guide, and for medical papers see how long an immigration medical exam stays valid. For civil documents and identity proof, our guide to birth certificates and proof of legal name covers what each record proves.

Frequently Asked Questions

Does USCIS require an apostille on foreign documents?

No rule in 8 CFR 103.2(b)(3) asks for one. USCIS requires a full certified English translation of any foreign-language document, with the translator’s certification of competence and accuracy.

Who apostilles an FBI background check?

Only the US Department of State, Office of Authentications, can apostille an FBI Identity History Summary. State Secretary of State offices cannot, and Texas and New York both say so. The fee is $20 per document.

How much does a state apostille cost?

Fees vary: Illinois charges $2, New York and Florida $10, Texas and Washington $15, California $20 and New Jersey $25 for standard service. Check the state page before mailing, since fees change.

What is the difference between an apostille and legalization?

An apostille is one certificate accepted by every Hague Convention country. Legalization is the older chain used for non-member countries: authentication in the US, then a stamp from the destination country’s embassy.

Is Nigeria a member of the Hague Apostille Convention?

Nigeria does not appear in the Hague Conference status table as of its 30 June 2026 update. Documents for Nigeria generally go through legalization at its embassy. Check the live table before you pay.

How much is an apostille in India and the Philippines?

India’s Ministry of External Affairs charges Rs 50 per apostille, with an extra agency charge. The Philippines Department of Foreign Affairs charges PHP 100 regular or PHP 200 expedited per document.

Can I apostille a photocopy of my birth certificate?

No. An apostille certifies an official’s signature or seal, so you need a certified copy issued by the vital records office. A photocopy has no signature the state can verify.

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Robert Pyne

Robert Pyne is a Professional Writer at VisaVerge.com specializing in USCIS processes — case status, receipt notices, forms, documentation, and step-by-step application guidance. His detailed, methodical explainers demystify the paperwork and procedures that trip up applicants at every stage. Robert's work gives readers the confidence to handle their immigration filings accurately and on time.