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Identification/Subscribing Witness Notarizations

A foreign national presents a valid passport issued by their home country. Does California law require this foreign passport to contain an entry stamp from the United States Citizenship and Immigration Services (USCIS) to be acceptable?

A

No, as long as it contains a photograph, description, signature, identifying number, and is current or issued within 5 years.

B

Yes, unless the passport is from Canada or Mexico.

C

Yes, a USCIS stamp is strictly required for all foreign passports.

D

No, foreign passports are only acceptable if accompanied by a Green Card.

Correct Answer

A. No, as long as it contains a photograph, description, signature, identifying number, and is current or issued within 5 years.

Detailed Explanation

Foreign Passports without stamps. According to CA Civil Code section 1185(b)(3)(D), a valid passport from the applicant's country of citizenship is acceptable. There is NO requirement in current California law for a foreign passport to bear a USCIS stamp to be used for notarization.

Identification/Subscribing Witness Notarizations Question #188
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