Should I Use a Notario for My Immigration Case?

For notaries in the United States, helping complete immigration forms is an unauthorized practice of law. This difference leads to some confusion among immigrants.

There are many “immigration consultants” who falsely claim they can provide legal advice or services they are not qualified to deliver. Among them are “notarios.” The term can be misleading. In some countries, it implies they have the legal credentials to give legal advice. But in the United States, that isn’t the case.

This article explains the role of notarios and will help protect you from scams.

For accurate, up-to-date legal guidance, only licensed immigration attorneys and authorized representatives are authorized to help with your immigration matters.

What Is a Notario?

When you want to move to the United States or adjust your immigration status, it is crucial to identify reliable legal help. Notario (or notario publico) means “notary public” in Spanish.

In Spanish countries, trained legal professionals known as notario publicos have the authority to:

• Draft legal documents
• Practice law (in some countries)
• Provide legal advice

But, in the United States, that is not so.

Notaries in the U.S. are officials with limited duties and discretion. They have the authority to offer general information and provide notary services, such as witnessing document signings. They can’t practice law, and they are not allowed to fill out application forms.

Notarios in the U.S. Can’t Give Legal Advice

Notario immigration fraud happens when a person becomes a licensed notary public in the United States. Then, the licensed notary falsely advertises that they are in good standing to practice immigration law.

The American Bar Association noted that notario publico scams are particularly effective. Immigrants mistakenly believe that the notaries in the U.S. have the authority to provide legal services to help them with legal immigration.

Do Immigration Forms Need Notarization?

Most immigration forms do not need notarization. Some immigration forms do not require notarization from an authorized federal official.

Still, a few immigration forms require notarization. For instance, the Freedom of Information/Privacy Act Request Form G-639 requires an affidavit to be notarized. The Affidavit of Support (Form I-864) requires some immigrants to show adequate financial support. This form requires notarization.

Notarization is not always mandatory. Follow the instructions in each U.S. Citizenship and Immigration Services (USCIS). If you are unsure about your steps, consult an immigration attorney near you.

Who Can Legally Help Me With My Immigration Case?

Immigration law does not require representation to process immigration matters. But given the complex nature of these laws, getting an immigration attorney can help. Also, the paperwork involved in processing USCIS documents can be overwhelming.

But who should you consult? There are two main categories of professionals who can legally help with your immigration case:

1. Attorneys licensed to practice law in your state, and
2. Accredited representatives of organizations recognized by the Board of Immigration Appeals (BIA)

If you’ve hired an attorney, check with the state bar association. You can check their eligibility to practice law in your area and see if they are in good standing. Also, if you’re working with an accredited non-attorney representative, check whether they are affiliated with a recognized organization. You can visit the Board of Immigration Appeals website and ask to see your representative’s BIA accrediting decision.

How To Avoid Immigration Scams

Once you have an attorney or accredited representative helping with your immigration case, follow the tips below from USCIS to avoid immigration scams:

• Avoid people who “guarantee” you a visa or green card.
• Note that USCIS doesn’t charge a fee to download forms.
• Before signing any document, make sure that you understand what you’re signing and that all information provided is accurate.
• Never sign blank forms.
• Double-check that you pay the same amount as listed on the USCIS list of fees.
• Get a receipt for all payments you make
• Save copies of any forms or documents, like your birth certificate, that you send to USCIS.
• Keep all receipts and correspondence from USCIS.

You can also check your state secretary of state. Make sure the notary public you pick is on the website.

Get Legal Advice from an Immigration Attorney

Picking the proper legal assistance is crucial in avoiding the pitfalls of notario fraud. It also ensures a smoother and more successful immigration process.

A qualified immigration lawyer can provide personalized legal advice. They can handle various immigration matters, including:

• Visa applications
• Green card processing
• Legal representation in immigration court

A licensed attorney can also help you understand the costs of your immigration case. They can give you a reasonable timeline for processing your legal documents.

FindLaw’s directory of immigration attorneys can get you started. Because state and federal immigration laws are relevant, your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.