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What must be apostilled for vitem visas?

Last activity 07 September 2023 by Cheryl

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alevinthal

I am using a service here in Brazil to apply for my retirement visa. I have given them all of the documentation for the application and they are responsible for (among other things) appostilling and translating the documents.

I understood that they only needed to appostille official US documents like my birth certificate and FBI background check. They say that they must appostille other documents such as bank records and letters from banks, are they correct?

abthree

09/06/23  As a general rule for US documents presented to the Federal Police for official action:

  • Federal documents, like the FBI Background Check, require an apostille from the US Department of State.  NOTE:  Passports do NOT require apostilles.
  • Official documents issued under the authority of a state by the state or one of its subdivisions (county, city, etc.) require an apostille from the relevant state authority, usually (but not always) the state's Secretary of State;
  • Private documents (e.g. contracts, etc.) that have been notarized for official use require an apostille from the state that commissioned the Notary Public.

Private documents like bank statements that have not been notarized do not automatically require apostilles.  If the Federal Police request them, your agent should first try to convince them that that an apostille is not possible, because the authorities in the US will only issue apostilles for official information, not private information. 

If they're intransigent, you can try getting the bank statements and letters notarized.  The state should then be willing to apostille them, and although the apostille will only vouch for the validity of the Notary's seal, that should be enough for them.

dalezuk

I provided bank statements, tax forms and many other financial documents and the federal police just gave them a cursory glance.  Depending on the location they can ask for anything but do not necessarily care what is given.  The best bet is to actually hire a local lawyer to represent you, as they know the subtleties of your area

abthree


09/06/23 The best bet is to actually hire a local lawyer to represent you, as they know the subtleties of your area   

    -@dalezuk


Agreed!  I think that's the best plan for ANY Request for a Residency Authorization filed directly with the Federal Police without a VITEM visa, except for Family Reunion based on marriage if the foreigner hasn't overstayed his/her tourist visa.

Peter Itamaraca


    09/06/23 The best bet is to actually hire a local lawyer to represent you, as they know the subtleties of your area       -@dalezuk

Agreed!  I think that's the best plan for ANY Request for a Residency Authorization filed directly with the Federal Police without a VITEM visa, except for Family Reunion based on marriage if the foreigner hasn't overstayed his/her tourist visa.
   

    -@abthree

Absolutely agree - and in my experience those attorneys that have experience in immigration matters will also have built up a network of contacts at the PF and elsewhere, which can really help...

Cheryl

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