Notario Fraud: Why a US Notary Public Can't Give Immigration Advice

Notario fraud is when a person who is not a lawyer, often calling themselves a "notario", "notario público" or "immigration consultant", charges people for immigration advice or services they are not allowed to give. It mostly happens in the United States and often targets people from Latin America, where a notario is a highly trained lawyer.

The harm can be serious and hard to undo:

• Wrong forms or missed deadlines that cost you a benefit you qualified for
• Applications with false information that lead to a denial or a fraud finding
• Applications, such as asylum claims, filed in your name without your understanding, which can lead to immigration court
• Lost fees and original documents that are never returned

A notario from Mexico who moves to the US cannot give US immigration advice unless they also become a licensed attorney in a US state. USCIS says plainly: "In the United States, notary publics are not attorneys and cannot represent you in legal matters, including immigration cases."

In the US, only two groups may represent you or give you immigration legal advice:

• Attorneys who are members in good standing of a US state bar and are not under a disciplinary order
• Accredited representatives who work for a nonprofit organization recognized by the Justice Department

Everyone else, including notaries public, travel agents and "immigration consultants", cannot:

• Tell you which visa or form to use, or how to answer questions
• Represent you before USCIS or in immigration court
• Charge more than a nominal fee for filling in a form

A form preparer may only type or write the answers you give them. USCIS forms are free on uscis.gov, so no one should charge you for a blank form. Many states also limit how notaries may advertise, and some ban the phrase "notario público" in ads.

• They call themselves a notario, or an immigration consultant, but are not an attorney or accredited representative
• They promise a green card, work permit or "special program"
• They charge for blank government forms
• They ask you to sign blank forms or forms with false information
• They keep your original passport or documents
• They refuse to give you a written contract, receipts or copies of what they filed
• They will not sign the form as preparer or show their name on it

A licensed US attorney or accredited representative who represents you files a notice of appearance (Form G-28 with USCIS), which shows their name and license details. Ask for a copy.

USA

• Check an attorney on the state bar directory where they are licensed, and on the Justice Department's list of currently disciplined practitioners.
• Find accredited representatives and recognized nonprofits on the Justice Department's Recognition and Accreditation roster.
• For free or low-cost help, see the Justice Department's list of pro bono legal service providers.

Canada

Only lawyers and paralegals who are members of a Canadian law society, notaries who are members of the Chambre des notaires du Québec, and consultants licensed by the College of Immigration and Citizenship Consultants (CICC) may charge you for immigration help. Family members, friends and nonprofits may help for free.

Mexico

You can do most procedures with Mexico's National Migration Institute (INM) yourself. If you hire a lawyer, check their cédula profesional in the SEP registry.

Our guide on how to verify a lawyer or consultant walks through each check.

USA

• The Federal Trade Commission at reportfraud.ftc.gov
• Your state consumer protection office or state attorney general
• The Justice Department's Fraud and Abuse Prevention Program, which handles complaints about notarios, immigration consultants and so-called travel agents practicing immigration law without authorization (email EOIR.Fraud.Program@usdoj.gov)
• USCIS through its tip form
• Misconduct by a licensed attorney: the state bar, and for cases before USCIS, the DHS disciplinary counsel at DisciplinaryCounsel@uscis.dhs.gov

If you are worried that reporting could affect your immigration status, talk first to a nonprofit legal service provider from the pro bono list.

Canada: report unauthorized paid representatives to IRCC, complaints about consultants to the CICC, and fraud to the Canadian Anti-Fraud Centre. See our scam protection guide for links.

1. Ask for your file back, including your original documents and copies of everything filed in your name.
2. Find out what was filed. In the US you can request your immigration file from USCIS through a Freedom of Information Act (FOIA) request. In Canada you can request your application notes; see GCMS notes and refusals.
3. Do not ignore notices from USCIS, an immigration court or IRCC. Deadlines still apply.
4. Talk to a licensed attorney or accredited representative quickly. Some problems caused by bad advice can be fixed, but timing matters.
5. Report it, using the channels above.