Key points
- USCIS says a notario público is not authorized to provide any legal services related to immigration; only an attorney or an accredited representative of a DOJ-recognized organization can give legal advice and represent you.[1]
- In many countries where Spanish is spoken a notario is a lawyer with special credentials; in the United States a notary public only witnesses signatures and administers oaths.[1]
- People who are not lawyers or accredited representatives may give only limited help filling out forms, cannot give legal advice and can charge only a nominal fee.[2]
- California's Attorney General tells Californians not to hire an immigration consultant or a notary, whatever title they use.[3]
- You can always report an immigration scam to the Federal Trade Commission, and to local police if you lost money or property.[4]
A notario, notary public or immigration consultant is not allowed to give you legal advice or represent you in an immigration case. USCIS says a notario público is not authorized to provide any legal services related to immigration, and that only an attorney or an accredited representative working for a Justice Department recognized organization can give legal advice and represent you.[1] If someone without one of those qualifications offers to handle your case, look for help elsewhere.
Why the word "notario" causes so much trouble
In many countries where Spanish is spoken, a notario is a lawyer with special legal credentials. In the United States, a notary public is something very different: a person authorized by the state to witness the signing of important documents and to administer oaths.[1] A U.S. notary public is not an attorney and cannot represent you in legal matters, including immigration cases.[2]
The mix-up is easy to make if you come from one of those countries. Other businesses use titles such as "immigration consultant," "immigration expert" or "paralegal." California's Attorney General warns that immigration consultants may call themselves immigration experts, notarios, notaries public or paralegals, and that they cannot give legal advice or represent you in immigration court.[3]
What a non-lawyer can and cannot do
USCIS lists the people who may represent you: lawyers in good standing with a U.S. bar, accredited representatives of recognized organizations, and supervised law students and graduates.[2] For everyone else, the line is clear:
| A notario, consultant or preparer may | A notario, consultant or preparer may not |
|---|---|
| Give limited help filling out USCIS forms, for a nominal fee only.[2] | Represent you before USCIS or give you legal advice.[2] Represent you in immigration court.[3] |
| If a notary public, witness signatures and administer oaths.[1] | Advise you on which form to file, when to file it, or what evidence to submit; that is the work of a representative.[2] |
USCIS also encourages checking your state's rules on which services are allowed.[2] There is a narrow federal exception for a "reputable individual" who helps one person without pay, but it does not cover anyone who regularly does immigration work or advertises that they can.[5]
The difference matters because choosing the wrong form or the wrong category can do lasting harm.
In California
California's Attorney General gives four practical warnings:
- Do not hire an immigration consultant or a notary; only lawyers, accredited representatives and recognized organizations can give legal advice or represent you in immigration court.[3]
- Keep your original documents. Do not hand them over unless you see proof that the government requires the original, because someone holding them may lose them or refuse to return them unless you pay.[3]
- Do not give money or personal information to anyone who calls, texts or emails claiming there is a problem with your immigration matter; no federal or state agency, including USCIS, asks for payment that way.[3]
- Report a scam to local law enforcement.[3]
USCIS's state-by-state reporting table lists California's Immigration Consultants Act as the state law on this subject.[6]
Warning signs of a notario scam
- They promise a result, or say they know someone inside the government. USCIS warns about people who pretend to be immigration experts or claim special connections to the government.[2]
- They charge you for blank immigration forms. USCIS forms are free on its website.[1]
- They ask you to sign a blank form, or a form with information you know is false.[1]
- They will not give you receipts or copies of what they prepared and filed.[1]
- They want to keep your passport, birth certificate or other originals.[3]
- They will not tell you which lawyer or recognized organization they work for. How to check an immigration lawyer shows how to confirm that.
If a notario or consultant already worked on your case
- Gather the paper. Ask for copies of every form prepared for you, every receipt, and every notice from USCIS, and keep them in a safe place.[1]
- Get your originals back. Ask in writing, and keep a copy of your request.
- Have the file reviewed. A lawyer or an accredited representative can tell you what was filed, whether anything needs to be corrected, and whether any date on a notice is coming up.
- Report it. USCIS says you can always report scams to the Federal Trade Commission and should also report to local police if you lost money or possessions. Its report immigration scams page has a state-by-state table of where else to report.[4] For California, that table lists the Attorney General's Office of Immigrant Assistance, the State Bar of California and the Santa Clara County Sheriff's Office Fraud Unit.[6]
Where to find real help
Real help comes from a licensed lawyer or from an accredited representative at a recognized non-profit organization. Accredited representatives may provide immigration legal services only through recognized organizations, and only non-profit, federally tax-exempt entities can be recognized.[7] If cost is the reason you went to a notario, free and low-cost immigration legal help explains where non-profit and pro bono providers are listed. Not sure you need anyone at all? Do I need an immigration lawyer? covers when filing on your own is realistic.
Common questions
Is a notary public the same as a notario?
No. USCIS explains that in many countries where Spanish is spoken a notario is an attorney with special legal credentials, while in the United States a notary public is authorized by the state only to witness the signing of documents and administer oaths.[1] A U.S. notary public is not an attorney and cannot represent you in an immigration case.[2]
Can an immigration consultant fill out my forms?
Only in a limited way. USCIS says people who are not attorneys or accredited representatives may give limited help filling out USCIS forms, but cannot represent you or give legal advice, and can charge only a nominal fee. USCIS also suggests checking your state's rules on which services are allowed.[2] Choosing which form to file is part of the advice a representative gives.[2]
Can a notario or consultant go to immigration court with me?
Not as your representative. California's Attorney General says only lawyers, accredited representatives and recognized organizations can give legal advice or represent you in immigration court, and that immigration consultants, whatever they call themselves, cannot.[3]
Someone called and said there is a problem with my case and asked for payment. Is it real?
Treat it as a scam. California's Attorney General says no federal or state agency, including USCIS, will ever ask for your personal information or payment over the phone, by email or by text, and advises not giving money or information to anyone who contacts you that way.[3]
A notario already filed forms for me. What should I do?
Collect copies of everything filed and every notice you received, and ask for your original documents back. Then have a lawyer or an accredited representative review the file before you sign or send anything else. If you lost money, report it.[4]
Sources
- USCIS, Common Scams — uscis.gov
- USCIS, Legal Services — uscis.gov
- California Department of Justice, Office of the Attorney General, Immigration: Protect Yourself from Immigration Scams — oag.ca.gov
- USCIS, Report Immigration Scams — uscis.gov
- 8 C.F.R. § 292.1(a)(3) — Legal Information Institute, Cornell Law School
- USCIS, Report Immigration Scams (state table) — uscis.gov
- EOIR, Recognition and Accreditation (R&A) Program; 8 C.F.R. § 1292.1(a)(4) — U.S. Department of Justice