How to Get the Apostille in the USA (and Why You Probably Shouldn’t)

Consular Authentication Panama

From a US citizen on one of the Facebook groups:

Good afternoon, guys!  We spoke a few weeks ago about the pensionado visa, and we are ready to get started!  I understand we both need an FBI criminal background check, and that you we will need my pension letter and our marriage certificate. But can you remind me about the apostille (spelling?) and need to do that for all of the documents? Is that state or federal? Didn’t you say we can do this through the Panama consulate? Thanks in advance for your help.

First, if you are not sure what he is referring to here when he mentions the apostille, then be sure to check out our article about “The Apostille?”

Now, we’ll break down the question and then provide explain what we typically tell our clients in the US as they prepare their residency application documents.

Apostille vs. Consular Authentication

He mentions that he thinks he needs an “apostille”, and he also asks whether he can do this through the Panama Consulate in the United States. Here, he is actually confusing 2 different things: the Apostille vs. the Consular authentication. This is understandable because they serve a similar purpose for the Panama residency application.

An Apostille is an internationally recognized seal that countries who have signed on to the Hague Apostille Convention issue to authenticate the validity of a public document for use in another country that has also signed on to the Hague Apostille Convention. Countries like Panama, the United States, and more recently Canada are all members of the Hague Apostille Convention. So, the Apostille is a way that these countries communicate to one another that a public document is genuine and has been issued by the proper authority.

So, the Apostille is issued by a government institution in the jurisdiction from which a document was issued. For example, in the United States the Apostille is generally issued by the Secretary of State (or equivalent office) for state-issued documents and by the State Department for federally-issued documents.

Meanwhile, the Consular authentication is issued by the Panama Consulate in a country of issuance, but it serves a similar purpose of confirming the validity and authenticity of a public document.

Think of it this way: You have an immigration officer sitting in Panama who is receiving residency application packages with documents from all over the world. And every day, she receives marriage certificates, birth certificates, police reports, and pension letters from places like the United States, Canada, Europe, Israel, or South Africa. The documents all look very official and important, but how is she able to know with certain that the documents are what they claim to be?

The Apostille is a recognized seal from the government in the country of issuance saying, “Hey, we are a government institution in the jurisdiction that issued this document, and we are confirming that this is legitimate.” And the Consular authentication does something similar. It says, “Hey, we are the Panama Consulate in the United States. We know these documents, and we confirm that it is real and valid.”

Which One is Better?

The Apostille and the Consular authentication are equally valid. So, clients from the United States have the option of getting either one for their documents from the United States.

But we generally recommend that our US clients consider instead getting the Consular authentication. The reason is because of the state vs. federal distinction in the United States. It means that certain documents that are issued at the state level, such as birth certificates and marriage certificates, will probably need to be sent to the Secretary of State of the particular state where they were issued to get the Apostille. If you were born in one state and married in another, you’ll be dealing with 2 different institutions just for those documents.

And then your federally-issued documents, like an FBI report or a Social Security benefits letter will probably need to be sent to a third institution: the US Department of State.

Each of those institutions will probably have their own rules and internal policies about how they want to receive the documents, whether they need something additional like a notarization, how much it costs, and how to pay. Some may be reachable by phone, and all of them are probably pretty large institutions with lots of employees.

In contrast, the Panama Consulate offices in the United States are all pretty small. You can call or email them, and it is relatively easy to connect with a real person who can give more precise feedback on the status of your documents. We also deal with the Panama Consulate in Washington, DC pretty regularly – so we are pretty familiar with their more nuanced policies as to how they need to receive state- and federally-issued documents to apply the Consular authentication.

So, once you have your documents ready, we will be able to offer a lot more guidance as to what to do, how much it is going to cost, and how long it should take if you send your documents to the Panama Consulate.

How to Get the Consular Authentication in the US?

There are 8 Panamanian consulates in the USA:

  1. New Orleans
  2. Los Angeles
  3. Miami
  4. Washington, DC
  5. New York City
  6. Tampa
  7. Houston
  8. Philadelphia

If you happen to be in or near one of these cities, then you can usually make an appointment to carry your documents in to the Consulate office and have them authenticated the same day!

But if you aren’t near one of the 8 Panama Consulate offices, you can simply send the documents via mail or private courier. If you use USPS; then we recommend that you send it by Certified Mail with a signature upon receipt. And even better if you can send via something like FedEx or DHL to ensure that your documents arrive.

Since we deal mostly with the Panama Consulate in Washington, DC, we are pretty familiar with the process, cost and timing of the process with them. In addition to your documents, you should generally include a.) a cover letter explaining what you are sending and why, b.) a photocopy of your passports, c.) a $30 money order for each of the documents you are sending to authenticate, and d.) a pre-paid, self-addressed envelope for the Consulate to send the authenticated documents back to you.

The processing time with the Panama Consulate in Washington, DC has typically been 2-3 weeks. However, we have noted that things seem to be taking a bit longer since the start of 2025. It seems that they are getting slammed with requests.

So, if you are concerned about the timing of the process, then it may be worth contacting one of the other Consulate offices to see about authenticating your documents through them. But we should point out that we are less familiar with those offices’ policies and limitations. So, we definitely recommend contacting them first to make sure you are sending documents in a way that they will be able to authenticate them.

And, alternatively, you can also do it through the US State Dept.  However, we have seen this take considerably more time (in some cases, as long as 2-3 months).

Can I Get an Apostille or Consular Authentiation on US Docs from Panama?

The short answer is yes.  But interfacing with institutions in the United States from here in Panama is inevitably a bit more complicated and more expensive. The main reason is that you will need to send documents internationally each way. And here, you definitely need to use a private, international courier service like Fedex or DHL, because Panama does not have a reliable public mail system.

And sending documents internationally may also add more time to the process. I’ll circle back to why this is important in just a minute.

There is at least one document that you can authenticate through the US Embassy here in Panama: the Social Security benefits letter. This involves making an appointment. The process usually takes around 1.5 hours, and they will charge you $100 .

Why does Time Matter so Much for an Apostille or Consular Authentication?

In this article, we have mentioned several times the consideration of how much time it will take to get an Apostille or Consular authentication. This is because the timing can be pretty important for the docs you gather for your Panama residency application. You see, most of these documents will need to be presented within a max period of 6 months from issuance to be treated as valid in Panama. 

This is why sending your documents from Panama to the US for the Apostille or Consular authentication could be a little risky. 

Let’s say you have your FBI background check document here in Panama with no Apostille or Consular authentication.  You got your FBI report 3 months ago when you were in the US, but you wanted to come down and spend a little time in Panama before you decided whether or not to go forward with the residency application. And after 3 months, you are officially sold on Panama and ready to get started.

So, now you need to send the document back to the US, wait for the apostille or the Consular authentication to be processed, and then have the doc sent back to you in Panama.  If the US State Department or the Panama Consulate takes too long to process your document – or if there is some issue that they need you to clarify, or if it gets lost in the mail in one direction or another – then the timing of it all could get a little tight. And the whole exercise will definitely involve some expenses that could have been avoided by doing it from the US.

Bottom Line?

When it comes to getting an Apostille or Consular Authentication of your docs for the visa application process, it is important to get it right.  And time is of the essence, given the limited window of 6-months from issuance that the doc will be treated as valid.  If you have any questions, you can reach us via email me at info@theindependentlawyer.com.

The Reforestation Visa - Investor Visas

There are a few different paths to residency available to foreigners investing in government certified reforestation projects in Panama:

  1. With a minimum investment of $80,000 USD qualifying applicants can obtain residency for 5 years.
  2. With a minimum investment of $100,000 USD qualifying applicants can obtain residency for 2 years, but are then eligible to apply for permanent residency.
  3. With a minimum investment of $350,000 USD qualifying applicants can directly obtain permanent residency through a fast-tracked process.

Qualified Investor Visa - Investor Visas

The Qualified Investor Visa is the only investor visa that offers an expedited process to directly obtain permanent residency in Panama.

To qualify, an applicant must make an investment that satisfies the following requirements:

  1. An equity investment of at least $500,000 USD in the purchase of a a real state property in Panama. The property must be free of any mortgage or lien.
  2. An investment of at least $500,000 USD in Panama Stock Market, through a Panamanian securities brokerage firm.
  3. A minimum 5-year certificate of deposit (“CD” or “Time Deposit”) of at least $750,000 USD in a bank in Panama.

The options above cannot be mixed and matched to satisfy the minimum investment threshold amount. The funds must also originate from outside of Panama to qualify.

Self Economic Solvency Visa - Investor Visas

The Self Economic Solvency Visa offers residency to foreigners who make a qualifying minimum investment in Panama, which include:

1. An equity investment of at least $300,000 USD in the purchase of a real state property in Panama.

2. A minimum 3-year certificate of deposit (“CD” or “Time Deposit”) of at least $300,000 USD in a bank in Panama.

3. A combination of 1 & 2.

This is a good option for someone who has already purchased real estate which does not quite satisfy the minimum investment requirement.

Spouses or dependents can also obtain residency with an additional investment of $2,000 USD for each additional applicant. Qualifying applicants will initially obtain residency for 2 years and may then apply for permanent residency.

Friendly Nations Visa (FNV) - Investor Visas

The Friendly Nations Visa (FNV) offers one of the fastest and straightforward paths to residency for citizens of nations designated as “friendly” to Panama.

The minimum investment is $200,000 USD as equity in the purchase of a real state property in Panama or a minimum 3-year certificate of deposit (“CD” or “Time Deposit”) in a bank in Panama. Applicants who qualify can also obtain residency for their spouse or dependents with an additional investment of $2,000 USD for each additional applicant.

Applicants qualifying for the Business Investor Visa will initially obtain residency for 2 years and may then apply for permanent residency. The FNV also affords foreigners the opportunity to apply for a work permit in Panama.

Check whether you are likely to qualify by choosing which nation has issued your passport, or contact us to request a quote.

Business Investor Visa - Investor Visas

The Business Investor Visa is available to investors and entrepreneurs investing in a business in Panama.

To qualify, an applicant must invest a minimum $160,000 USD investment in capital stock of a Panamanian company.

Applicants who qualify can also obtain residency for their spouse or dependents with an additional investment of $2,000 USD for each additional applicant.

Applicants qualifying for the Business Investor Visa will initially obtain residency for 2 years and may then apply for permanent residency.

Panama Citizenship

Once you have obtained permanent residency and held it for a period of 5 years, you can apply for Panamanian citizenship (and then a passport).  If you are also married to a Panamanian or have children with a Panamanian parent, then you can apply after holding permanent residency for just 3 years.

Please contact me if you have questions or would like to discuss the application process and requirements.

Short-Stay Visa

With solid infrastructure and direct flights all around the hemisphere, Panama has become an increasingly popular destination for freelancers and remote workers doing business outside of Panama. The main requirements are:

1. Remote workers should provide a contract setting forth the employees main functions being performed abroad for a foreign company doing work on an international level. However, self-employed free-lancers can also apply.

2. Applicants should demonstrate an annual income of at least $36,000 USD (or $48,000 USD per family).

Qualifying digital nomads can obtain a 9-month residency, extendable to 18 months. And if you fall in love with Panama and want to talk about permanent residency after that, then I help you with longer-term residency options.

Family Regrouping

There are a few different residency options available to applicants with family ties to Panama. Some of the main options are as follows:

1. Married to a Panamanian​

The main requirement is a real, legal and valid marriage with a Panamanian citizen.  Qualifying applicants may apply for a permanent residency.

b. Panamanian Children

The parents of a child who a.) was born in Panama and b.) is over five years old may apply for permanent residency in Panama.

c. Dependents of a Panama resident

Generally speaking, a foreigner who has qualifies for residency in Panama can also obtain residency for their spouse and dependents.  The requirements will vary depending on the type of residency visa.

Investor Visas

Panama has created several different residency options to incentivize foreign investment. These visas offer several different paths to short-term or permanent residency based on different types of investments and minimum investment amounts.

The following Investor Visas are covered here (click each one for details):

  1. Business Investor Visa (min. investment of $160,000 USD)
  2. Friendly Nations Visa (min. investment of $200,000 USD)
  3. Self-Economic Solvency Visa (min. investment of $300,000 USD)
  4. Qualified Investor Visa (min. investment of $500,000 USD)
  5. Reforestation Visa (min. investment varies)

Retirement & Pensioner Visa

Often referred to as the Jubilado (Retired Person) Visa because of its popularity among retirees, this is also a fast and affordable path toward permanent residency for applicants who qualify.

In fact, anyone over age 18 can apply so long as they satisfy the 2 main requirements:

1. A pension or annuity paying a minimum of $1,000 USD per month.

The annuity or pension can be paid by a private company, military, government agencies, corporations, a bank, an insurance company, or a Trust.

2. The pension or annuity must provide a lifetime benefit.

Qualifying applicants can obtain residency for their spouse as well, but the pension or annuity benefit should cover an additional $250 per month.

As an added benefit, the Pensioner Visa also grants discounts at restaurants, hotels, movie theaters, pharmacies and domestic airlines, making it a popular option for clients on a fixed income. The Pensioner Visa also affords foreigners the opportunity to apply for a 3-year, renewable work permit in Panama.

Friendly Nations Visa

Citizens from nations designated as “friendly” to Panama can obtain a residency visa for themselves and their family.

Applicants qualifying for the Friendly Nations Visa (FNV) will initially obtain residency for 2 years, and may then apply for permanent residency.

The FNV also affords foreigners the opportunity to apply for a work permit in Panama.

The FNV involves offers a very straightforward process and is one of the most affordable paths to residency in Panama for those who qualify.

Work Permits

For foreigners who wish to obtain a work permit to seek employment in Panama, there is a separate application process that begins only after having obtained residency.

Generally, anyone who has held residency in Panama for 10 years can apply for a work permit. However, there are much shorter and more direct processes to obtain a work permit depending on which visa process the applicant pursued to obtain residency.

Please contact us if you have questions or would like to discuss the application process and requirements.