How to Notarize Documents for Foreign Nationals

Notarizing documents for foreign nationals is a common yet delicate responsibility for notaries. Whether the signer is visiting the U.S., living here temporarily, or conducting business internationally, the notarization process must be handled with care and accuracy. Notaries play a critical role in confirming identity, ensuring understanding, and validating documents that may later be used across borders.

1. Understanding Who Qualifies as a Foreign National

A foreign national is anyone who is not a U.S. citizen or permanent resident, but who may still need U.S.-based notarization services. These individuals often require notarization for:

• Immigration or visa documents

• Property transactions

• International business contracts

• Powers of attorney

• Education or employment verifications

• Documents to be used in their home country

The challenge lies in verifying identification and ensuring compliance with state notary laws.

2. Acceptable Forms of Identification

The first step in any notarization is identity verification, and this can be more complex with foreign nationals.

Acceptable IDs typically include:

• Foreign passports (must be valid and contain a photo, signature, and identifying information).

• U.S.-issued driver’s license or state ID (if available).

• Consular ID cards issued by a foreign embassy or consulate (accepted in some states).

• Permanent resident cards or foreign government-issued driver’s licenses, depending on state law.

Notaries should always confirm that the ID meets their state’s requirements—including validity, photo, and signature—before proceeding.

3. Overcoming Language Barriers

One of the biggest challenges when notarizing for foreign nationals is communication. Notaries must ensure that the signer fully understands the document and is signing it willingly.

Best practices include:

• If the notary and signer do not share a common language, the notarization cannot proceed unless the notary is bilingual or a state-authorized interpreter is present (where allowed).

• The notary cannot rely on another person to translate unless permitted by law.

• Documents written in a foreign language can be notarized, as long as the notarial certificate is written in English and the notary can communicate with the signer.

  
  

4. Choosing the Right Type of Notarial Certificate

Foreign nationals often bring documents intended for use in another country. The notary should determine (based on the signer’s request or written instructions) whether an acknowledgment or jurat is required.

If the document will be used outside the United States, the signer may also need:

• An apostille (for countries under the Hague Convention).

• A certificate of authentication (for non-Hague Convention countries).

While the notary cannot issue these themselves, they should inform the signer that the document may need to be submitted to their state’s Secretary of State for authentication after notarization.

5. Steps to Properly Notarize for Foreign Nationals

1. Verify the signer’s identity using an acceptable, government-issued ID.

2. Confirm understanding and willingness — the signer must comprehend the document and not be under pressure.

3. Select the appropriate certificate based on the signer’s or document’s requirements.

4. Complete the notarial certificate with correct venue, date, and signer’s name.

5. Apply the notary seal and signature.

6. Record the notarization in the journal, noting the type of ID used and the document’s purpose (e.g., “Power of Attorney for use in Mexico”).

   
   

6. Special Considerations for International Use

When documents are going overseas:

• Check country requirements — some nations require specific notarial language or formatting.

• Advise (without giving legal advice) that the signer verify any additional steps for international acceptance.

• Attach an English-language notarial certificate even if the document is in another language.

  
  

7. Maintaining Professionalism and Neutrality

Foreign nationals may be unfamiliar with U.S. notarial procedures. Be patient, explain the process clearly, and remain neutral at all times. Remember:

• Never provide legal interpretation.

• Never certify translations unless you are qualified and authorized to do so.

• Maintain detailed journal entries for all international-related notarizations.

  
  

Final Thoughts

Notarizing documents for foreign nationals requires a blend of cultural sensitivity, legal awareness, and attention to detail. By verifying identity correctly, overcoming language barriers, and ensuring compliance with both U.S. and international standards, notaries help facilitate global business, immigration, and personal affairs with integrity and professionalism.

Every notarized signature serves as a bridge between nations—proof that trust and legality can cross borders just as easily as people and ideas do.