The United States immigration system is complex, confusing, and difficult to navigate without professional assistance. 'Notarios' or 'Immigration Consultants' have recently become a serious problem in our immigrant communities. These unscrupulous individuals hold themselves out as qualified to help immigrants obtain lawful immigration status. But more often than not, these individuals are not qualified to offer any assistance at all. They are often not licensed attorneys or otherwise qualified to represent you before the U.S. government. They make big promises, but usually cannot deliver any results. They are happy to take your money, but may cause you to lose opportunities to pursue immigration relief because they are not legally authorized for qualified to assist or represent you.
Don’t let this happen to you. While many reputable community organizations provide immigration-related services, non-lawyers who advertise as legal consultants or 'notarios' are not authorized or qualified to help with immigration matters. It is against the law for public notaries or even foreign lawyers who are not licensed in the United States to provide immigration advice. Only an attorney licensed to practice law in the US is qualified to give legal advice. Only an attorney licensed to practice law in the US or an accredited professional is qualified to represent you in immigration proceedings. Unlike these 'notarios', licensed attorneys have completed extensive education and training and are authorized to represent clients regarding immigration matters. If you seek or follow the advice of a 'notario', you may miss opportunities to obtain legal residency, can be deported, or be subjected to civil and criminal penalties. You can, and should, verify whether an individual is in good standing and licensed before engaging their services by checking with your state bar association. You can verify a Texas lawyer’s standing with the State Bar of Texas by visiting www.texasbar.com
Recognize the Scam Before agreeing to accept assistance from a 'notario' or other 'immigration consultant', you should look for and recognize the signs of a scam. You are likely being scammed if:
The notario makes sweeping and vague statements or promises that you will be eligible for benefits from the U.S. government. Be especially wary of any notario who promises you amnesty. No universal amnesty program is currently offered by the U.S. government.
The notario refuses to show you his or her license to practice law or tell you in which state he or she is licensed. Only licensed attorneys or non-profit organizations approved by the federal government are permitted to charge fees to help immigrants apply for benefits, including work permits, visas, permanent residency, or naturalization documents.
The notario promises that he or she guarantees results. Legitimate immigration lawyers and organizations that assist immigrants will examine your case in detail before making any determination. No reputable attorney will guarantee that his or her client will receive any benefits.
The notario tells you that he or she can get you special treatment from any government agency.
The notario insists that you leave your original documents at his or her office. Legitimate immigration lawyers and other professionals will allow you to leave copies of your original documentation.
The notario asks you to sign blank forms, telling you that he or she will fill them in later. Legitimate immigration lawyers and other professionals should never ask you to sign a blank document.
Remember! In the United States, 'notaries public' are specifically forbidden from providing immigration benefit services unless they hold a separate license to practice law in the state. They are also prohibited from advertising their services using the Spanish term 'notario publico', since to some Spanish speakers this may falsely imply that the person is an attorney. Any notary in the United States who tells you he/she can help you with immigration status, wills, or drafting legal documents is acting unethically, and in many cases illegally and can adversely affect your legal rights if allowed to work on your behalf.
Know Your Rights
You have the right to know whether an individual is licensed to practice law and assist you with your legal needs.
You have the right to a written statement or contract with a legal professional the explains the scope of his or her representation. A legitimate legal or immigration service professional will always explain your legal options and provide you with a written contract that explains the scope of his or her work for you. He or she should also provide you with sufficient time to review the documents, and you should ask for a translation, if necessary.
You have the right to be kept informed about your case.
You have the right to inspect your file and the right to a copy of any forms or documents that have been submitted on your behalf.
You have the right to an accounting of your case, which details the costs and expenses. Legitimate legal or immigration professional should tell you what your case will cost before they provide you with services.
For More Information
If you believe you have been the victim of a scam related to notario fraud, you may contact the Texas Attorney General’s office toll-free at 1-800-252-8011. If you need a qualified immigration attorney, you may contact the American Immigration Lawyers Association toll-free at 1-800-954-0254 or search online at www.ailalawyer.com
The following information does not constitute legal advice or representation, but is provided as a public service by the Dallas Association of Young Lawyers (“DAYL”) and is for educational purposes only.
Made possible by a generous grant from the Texas Bar Foundation.
