By Parviz Malakouti-Fitzgerald, Esq.
You do not have to notarize an official government-issued document before submitting for an apostille to the U.S. office of authentications.
A sample of an apostille of an FBI background check that was NOT notarized!
Getting an FBI background check and accompanying apostille is a rite of passage of sorts for Americans pursuing second citizenship. Most European citizenship by descent naturalization programs require an FBI report of U.S. citizens, and all foreign citizenship by investment programs require them.
In my practice as a global mobility and citizenship lawyer, I have apostilled dozens of FBI background checks over the last four years. All of them were sent to the U.S. office of authentications without a notarization.
Unfortunately, I still many messages asking whether you still have to go to a public notary for a notarization first before apostilling an FBI background check (“identity history summary.”)
Why the Confusion?
The U.S. Office of Authentications website has very misleading language on its website regarding their apostille process.
The language below is wrong as phrased and causes lots of confusion among Americans applying for second citizenship.
U.S. Office of authentications apostille instructions from their website
The above statement is only true for some non-government-issued documents that must first be notarized before being apostilled.
What About Other Documents?
However, government-issued documents like the FBI background check do not have to be notarized before being apostilled. Other government-issued documents do not have to be notarized first before an apostille either.
WWI draft card
U.S. ship manifest
Rest easy knowing that these government-issued documents, along with the FBI background check, do not have to be notarized.
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