Apostille and document preparation for US GV investors

Logically I believe you will want to request the FBI stuff and in the interim you can pursue the remaining requirements. Since the FBI stuff has the longest tail, you would start that first.

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FYI i have heard from 3 different attorneys now that SEF is accepting FBI clearances with apostilles from state governments. Sounds strange to me but this is what they advised me. You might ask your attorney what they think about that.

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No I did not hire the attorneys, simply had introduction calls with them.

FBI is a federal agency. The states cannot and will not authenticate and issue apostilles for federal documents i.e. FBI background checks. Vice versa, U.S. department of states will not authenticate state-level documents like marriage certificates.

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yes that is what i was getting at. PT attorneys are reluctant to opine on PT matters much less US apostille requirements. this is how misinformation gets spread.

[update: it was probably just a misunderstanding. I know you were just trying to be helpful so sorry for jumping on you for that.]

Wow harsh crowd. I caveated what I said. I’m not lying. Guess I’ll stop sharing information.

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Hi Amit, could you find an agency in india to apostle the documents for you…

Did the lawyers actually used the word “FBI”? Or did they say that SEF is now accepting criminal records or background checks from state governments? Because you can get your criminal record/background check from your state patrol and have that authenticated by your state.

But that still seems odd because one could commit a crime in one state and another state wouldn’t have knowledge about that crime.

Winnie
this exact question I saw came up awhile back in another forum (i think on Facebook). They were very clear that SEF does not accept state criminal reports. So unless something has changed… But even then, you are correct it would have to be the highway patrol or state police report, not the FBI report. This type of policy change is possible, but I imagine a big policy change like this would have been more widely announced. And again, i don’t want someone to read this thread and come away with the wrong idea.

I agree. If someone sends the FBI clearance to their state and waited a week or a month just to get a denied letter back, it’s really unfortunate especially when there’s a 3 month shelf life for the FBI clearance.

It’s impossible to know exactly how the conversation went. I can imagine if someone asks a Portuguese lawyer, “Would SEF accept state-issued apostille for the FBI clearance instead of the one from the U.S. Department of state?” The lawyer would likely say yes to these types of question because it has an assumption that it could be done by state authorities. And also because the lawyers have seen other documents come through with apostilles from state authorities.

Due to the extension of the GV programme, I have lowered priority on researching an agency in India.

I was planning to reach out to the following firm at a later date. if you contact them, please post your experience with them.

https://pecattestation.com/

thanks
-amit

Hi Ravi-

Below is the link of the firm in India. I am planning to reach out to them at a later date. if you contact them, please post your experience with them.

https://pecattestation.com/

thanks
-amit

Thanks Amit. There’s one more agency which I found for apostille, nduniversal.com and superbapostille.com

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Thanks Niraj!

Once the document is apostilled, is there a validity period for the same? I have read that the document must be apostilled in last three months, but it does not make sense to me. I think once apostilled, it is valid forever unless there is an expiration date itself on the apostille sticker.

So have I’m read…l but I wonder why would anyone need that kind of time? You will apostille docs only when u need them…

@amitporto @Niraj The apostille is not the issue. It’s the criminal records that cannot be older than 3 months prior to the application submission.

Thanks @wkb, that makes sense. If i have marriage and birth certificates apostilled 5 years ago, I presume that I am able to use the same today. Those are static events that do not change.

with the criminal records, it makes sense.

Oh ok… thnx

Michael,
You mention that your FBI report and apostille took 3 months (July 19 to October 19). Naturally, because of transit and handling times your report was more than 3 months old when it was received by SEF. Did SEF or your lawyers indicate any issue with this being more than 3 months old? Based on your sitation SEF perhaps has some flexibility in this deadline? Can you elaborate on this?

SEF was flexible on the three month requirement. Mine was over 6 months old when it was approved. They are requiring that I redo the FBI background and apostille when I come in for the biometrics. I brought up the three months with my lawyer and she said the leniency would continue. I am just never as I would like to get it done sooner than later and this would force me to make an appointment at least 3 months out to account for the delay in the apostille.