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Notary Bulletin

Can Notaries Accept Foreign Passports As Identification?

By NNA Staff on May 15, 2019 in Hotline Tips

New Hotline Resized 3Can I accept a foreign passport as proof of a signer’s identity? — T. A., Texas

Texas Notaries may accept a foreign passport only when notarizing a deed or other instrument relating to a residential real estate transaction (Civil Practices and Remedies Code 121.005[b][3]).

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states.  If in doubt, always refer to your own state statutes. – The Editors

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.

6 Comments

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Aida Gonzalez

27 May 2019

Hi, I had an experience in a real estate refinancing closing. Clients were a couple; he has his current Resident alien card, and she didn't, so she presented her foreign passport, was current but was not stamped by USA immigration department. I called National Associaition and was told that I couldn't accept her passport as ID because was not stamped with a visa. She had the expired foreign passport with the visa but I couldn't accept it either because was expired, I refused to continue with the closing.

larissa m enzmann

27 May 2019

Can a Florida notary also accept a foreign ID?

National Notary Association

28 May 2019

Hello. Florida Notaries can accept the following foreign IDs, provided the ID is current or issued within the past 5 years and includes a serial or identifying number: A passport issued by a foreign government if the document is stamped by USCIS; A driver’s license or an identification card issued by a public agency authorized to issue driver’s licenses in Canada or Mexico (FS 117.05)

Cheri Christensen

27 May 2019

I'm in UT, working for an attorney who handles Personal Injury. Just about the only things I notarize are Releases that our clients sign in order to receive their settlements. We have a client who is a Mexican national, visiting in the US. She doesn't have a US ID card, but she does have a Mexican passport. We've been working with her for months. Can I notarize her signature on the Release? If I can't, then how can she get her signature notarized?

National Notary Association

28 May 2019

Hello. Satisfactory evidence of a signer's identity in Utah includes " valid personal identification with the individual’s photograph, signature, and physical description that the United States government, any state within the United States, or a foreign government issues; (ii) a valid passport that by any nation issues;…” (UCA 46-1-2[12][a]).

Jeff Corbett

29 May 2019

Aida: I am not a lawyer, but I can think of three reasons why a foreign passport might not have a visa stamp in it: 1) The person entered the U.S. legally from a county from which the U.S. does not stamp a passport, such as from Canada to the U.S. via land route; 2) The person applied to their passport issuing country for a new/replacement passport via mail while already physically in the U.S.; 3) The person is legally allowed to have a foreign passport while here in the U.S. but has not traveled on their foreign passport, such as a "dual citizen." It does not appear to me that the lack of a visa stamp in an otherwise unexpired foreign passport should somehow make that piece of ID invalid!

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