Navigating the complexities of legal systems can be daunting, especially when dealing with immigration matters. In the pursuit of assistance, many individuals turn to a Notario or “Notario Publico”, hoping for affordable and effective solutions. However, it’s crucial to understand that Notarios are NOT attorneys in the United States.
Be careful with notarios!
In many Latin American countries, a notario is a highly trained legal professional, similar to an attorney. However, in the United States, the term “notario” simply refers to a notary public, who is authorized to witness the signing of documents and administer oaths, but not to provide legal advice like an attorney.
Risks of Using Notarios
- Lack of Legal Training: Unlike licensed attorneys, notarios in the U.S. do not have the necessary legal training or qualifications to offer legal advice or services. This can lead to misinformation and errors in handling legal matters.
- Unauthorized Practice of Law: Many notarios engage in the unauthorized practice of law, which is illegal and can have serious repercussions for both the notario and their clients, including potential deportation for immigrants.
- Financial Exploitation: Notarios may charge high fees for their services without delivering appropriate or effective results, exploiting individuals who are unaware of their limited capabilities. For example, you should have to pay to access immigration forms as the forms are free on the U.S. Citizenship and Immigration Services (USCIS) website, https://www.uscis.gov/forms/all-forms. If someone wants you to pay a fee simply for accessing immigration forms from USCIS, that is a big red flag.
- Increased Risk of Fraud: The lack of regulation and oversight for notarios increases the risk of fraudulent activities, including the falsification of documents or promises of guaranteed results
How to Protect Yourself
- Verify Credentials: Always check the credentials of any individual offering legal services. Ensure they are a licensed attorney in good standing with the relevant state bar association or state bar licensing agency.
- Seek Reputable Legal Help: Consider consulting with an immigration attorney or a recognized legal aid organization specializing in immigration law to get reliable and accurate legal assistance.
- Be Informed: Educate yourself about the differences between notaries and attorneys, particularly in the context of U.S. law, to avoid falling into the trap of unauthorized legal service providers.
- Report Fraud: If you encounter fraudulent activities by a notario, report them to your state’s attorney general or the Federal Trade Commission to help protect others from similar scams.
By understanding the risks associated with using notarios for legal services, individuals can make informed decisions, safeguard their legal interests, and seek appropriate and qualified legal help. Always prioritize working with licensed professionals to ensure your legal matters are handled with the expertise and care they deserve.
Resources:
Avoiding immigration scams
Spanish flyer warning about Notario Fraud
English flyer warning about Notario Fraud
American Bar association advice on avoiding Notario Fraud
Important Differences between Notaries and Notarios, National Notary Association
