You need your US-born child's birth certificate for an OCI application, or your Indian marriage certificate for a US state agency. Someone tells you to get it apostilled. Where, and by whom?
As of November 2, 2026, here's the basic rule between India and the US.
- India's accession to the Apostille Convention entered into force on July 14, 2005.
- The Convention entered into force for the United States on October 15, 1981.
- Indian documents for use in the US should be apostilled in India.
- The Embassy of India in Washington doesn't attest documents issued by Indian authorities.
- US government documents must be apostilled in the US before the embassy attests them.
- The embassy doesn't attest commercial documents.
Are India and the US in the Apostille Convention?
Yes, both. The Hague Conference's status table for the 1961 Apostille Convention shows entry into force for the United States on October 15, 1981 (listed as 15-X-1981) and for India, by accession, on July 14, 2005 (14-VII-2005) (HCCH, Apostille Convention status table). That's why the usual route between the two countries is an apostille from the country that issued the document.
Indian documents for use in the US
Apostille them in India. The Embassy of India in Washington says: "If any document issued by authorities in India such as birth and death certificates, affidavits, educational documents/diplomas, marriage certificate, Driving License etc. are required to be presented to authorities in USA, those should be apostilled in India" (Embassy of India, Miscellaneous Consular Services).
The embassy won't do it for you. "The Embassy does not attest any document issued by authorities in India."
Check first whether the US agency needs an apostille at all. For green card filings, the I-485 instructions ask applicants to "submit a photocopy of their birth certificate issued by the appropriate civil authority," with a certified English translation for foreign-language documents (USCIS, Instructions for Form I-485). Our guide to the I-485 covers the rest of the filing. Consular processing has its own civil document rules, which our guide to NVC consular processing steps covers. Our guide to Indian birth certificates for a green card covers what to do if yours is missing.
US documents for use in India
Apostille them in the US. The embassy says "it is mandatory for the documents issued by the US Government authorities to be apostilled by the relevant authorities in the USA before presenting the document for attestation at the Embassy" (Embassy of India, Miscellaneous Consular Services).
For OCI, an apostille from the US is generally enough. India's OCI FAQ says that if a birth certificate "has been issued by a foreign country which is signatory to the Hague Convention, 1961 and the document has been apostilled by the authorities concerned of that country, then the said document may be accepted without any further attestation" (MHA, OCI Frequently Asked Questions). Our guide to paperwork for a baby born in the US to H-1B parents covers the full sequence for a child's OCI.
Commercial papers are different. "No Commercial Documents are attested by the Embassy / Consulates. The same should be apostilled from US Government Authorities for presenting in India."
Quick reference
| Document | Going to | Where to apostille |
|---|---|---|
| Indian birth, marriage or degree certificate | US authority | India |
| US birth certificate for OCI | Indian authority | US |
| US commercial document | India | US (embassy won't attest) |
What this means for you
- Apostille a document in the country that issued it.
- The Indian embassy in the US won't attest Indian-issued documents.
- US documents for OCI need a US apostille, usually nothing more.
- Check whether the US agency needs an apostille before you start.
- Allow time if you need help from someone in India.
Where to start
Paperwork between two countries is part of building a life across both. If you're working toward permanent residence, our free evaluation at /evaluate/ checks whether EB-1A or the NIW fits your profile, and Frank, our AI assistant at /frank, helps you build the evidence. Petitions are reviewed and filed by our partner law firm, Lai & Turner. Our guide to foreign media translations covers translation rules for evidence.
Sources
All checked November 2, 2026.
- HCCH, Apostille Convention status table. Dates for India and the United States.
- Embassy of India, Washington DC, Miscellaneous Consular Services. Indian documents apostilled in India; US documents apostilled in the US; no commercial attestation.
- MHA, OCI Frequently Asked Questions. Apostilled foreign birth certificates.
- USCIS, Instructions for Form I-485 (09/18/26). Birth certificate copies and translations.
Frequently asked questions
Do Indian documents need an apostille for use in the US?
The Embassy of India in Washington says documents issued by Indian authorities, such as birth and death certificates, affidavits, educational documents, marriage certificates and driving licences, should be apostilled in India if they're required by authorities in the US. The embassy itself doesn't attest Indian-issued documents. Check what the US agency asks for, since USCIS often accepts copies.
Can the Indian embassy in the US apostille my Indian degree?
No. The embassy says it does not attest any document issued by authorities in India, and that such documents should be apostilled in India. That means arranging the apostille through India's process before you need the document here.
How do I apostille a US birth certificate for an OCI application?
Get the apostille from the relevant US authority. India's OCI FAQ says a birth certificate issued by a country that's a party to the 1961 Hague Convention and apostilled there may be accepted without further attestation. The embassy also says US government documents must be apostilled in the US before it will attest them.
Are India and the US both members of the Apostille Convention?
Yes. The Hague Conference's status table shows the Convention entered into force for the United States on October 15, 1981, and for India on July 14, 2005, after India's accession. That's why an apostille, not embassy legalization, is the usual route between the two countries.
Does USCIS require apostilled documents from India?
Not as a general rule for green card filings. The I-485 instructions ask for photocopies of civil documents such as birth certificates, with certified English translations, and USCIS may ask for originals. The apostille question comes up more often for Indian authorities, OCI and some US state agencies.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
