Apostilles and Sworn Translations for US Documents

Sooner or later, a Brazilian office will ask for a US document: a birth certificate, a marriage certificate, a diploma, a background check. And it will usually not accept the document as it is. It will want an apostille, and often a sworn translation into Portuguese.

Both the United States and Brasil are parties to the Hague Apostille Convention. That simplifies things: instead of a chain of consular legalizations, a single certificate, the apostille, is attached by the country that issued the document. This guide explains who does what. Requirements for a particular visa or service can differ, so always check the document list for the specific procedure.

What an apostille is

An apostille is a certificate that confirms the signature, seal or stamp on a public document is genuine. It does not confirm that the content of the document is true. It just tells the receiving country that the official who signed it is who they say they are.

Who issues the apostille for a US document

The key rule: the apostille comes from the country that issued the document, not from the country where you will use it. The Brazilian consulates in the US say plainly that they do not apostille US documents.

In the US, who issues the apostille depends on who issued the document:

• State-issued documents, such as birth, marriage and death certificates, notarized documents and many court records: the Secretary of State (or equivalent office) of the state that issued the document.
• Federal documents, such as an FBI background check or documents signed by federal officials: the US Department of State's Office of Authentications.

Each office sets its own fees, processing times and submission methods. Check the official page for the office that applies to you.

Order of operations

Getting the order right saves weeks:

1. Get a recent certified copy. Many Brazilian procedures want recently issued documents. Check the requirement for your procedure before ordering copies.
2. Apostille it at the correct state or federal office.
3. Translate it, if required, in Brasil by a sworn translator. The translation is done on the apostilled document, so the apostille is translated too.

Translate before apostilling, or apostille the wrong copy, and you may have to start again.

Sworn translations

A sworn translation (tradução juramentada) is a translation done by a sworn public translator (tradutor público e intérprete comercial), registered with a Junta Comercial, the commercial registry of a Brazilian state. Brazilian authorities generally require a sworn translation for foreign documents not in Portuguese, but there are exceptions in specific procedures. Check the official page for your procedure.

Practical points:

• Sworn translators are listed by the Juntas Comerciais. Use the list rather than an online search ad.
• Ask for a quote and turnaround time before you send documents. Pricing is set by the translator and the state rules; check with the translator.
• Ask whether they can work from a scan, or need the original.
• Keep the translation with the original document. They are used together.

Documents commonly needed

Which documents you need depends on the procedure, but people moving to Brasil frequently deal with:

• Birth certificate.
• Marriage certificate, if applicable.
• A background check, often from the FBI. That is a federal document, so the apostille comes from the Department of State.
• Diplomas and transcripts, for work or study.
• Proof of income or pensions, for some temporary visa categories.

Checklist

• Read the document list for your specific procedure.
• Order fresh certified copies if needed.
• Identify the right apostille office: state or federal.
• Submit and track each document.
• Find a sworn translator through a Junta Comercial list.
• Keep originals, apostilles and translations together, and scan everything.

Related: Visa types for Americans, Getting a CPF.

Common questions

Does a notarized copy need an apostille? If a Brazilian office will accept a notarized copy, the apostille certifies the notary's signature, from the state where the notary is commissioned. Check whether a copy is acceptable for your procedure first.

Can a US translator do the translation? For documents that need a sworn translation in Brasil, the translator is a sworn public translator registered in Brasil. A translation done in the US is generally not a sworn translation for this purpose. Check the official page for your procedure.