In some Latin American countries, a notario or notario publico is a licensed lawyer. In the United States, a notary public is not a lawyer and cannot give legal advice or provide legal services. A United States notary public can administer oaths and witness signatures.

The two common categories of people who can provide legal advice and legal services on immigration matters are attorneys and accredited representatives of a nonprofit organization established in the United States and recognized by the Board of Immigration Appeals (BIA). Attorneys licensed to practice law in any state can file papers and applications and represent people before the Department of Homeland Security, the United States Citizenship and Immigration Service, the Executive Office of Immigration Review, the BIA, and the state courts where they are members of the bar. To protect yourself, ask to see a person’s state licensing document to make sure he or she is an attorney.

Notarios are not lawyers

Many non-lawyers refer to themselves as notarios to prey on immigrants with limited English skills and little understanding of the American legal system. Many illegally practice immigration law without a license. They are able to take advantage of the fact that the English term notary and the Spanish term notario are similar in spelling, but very different in meaning.

In a common scam, a person obtains a notary public license but presents him- or herself to Spanish-speaking clients as a notario publico, or licensed attorney, who can help with the immigration process. A notario or a notario publico cannot give legal advice about immigration status, getting a work permit, getting family to the United States, or getting the right to stay in the United States. They cannot tell you what forms to use or what answers to put on the forms. Also, some notarios falsely claim that they have a close and special relationship with the United States Citizenship and Immigration Service (USCIS), and can obtain special immigration favors for their clients or know of secret immigration laws.

Notarios often charge high fees

Notarios often charge excessive fees for their services and mishandle or even lose important immigration documents. Many charge hundreds or thousands of dollars merely to process immigration applications. In many cases, these scam artists charge high fees for filing unnecessary documents, perform poor quality services that jeopardize clients’ cases, and then disappear after receiving payment for their “services.”

Their fraudulent practices put immigrants at risk because they lack real knowledge of immigration law. They charge fees to prepare applications for nonexistent immigration programs, or for existing programs for which the client does not qualify.

Before you decide to get help with immigration matters, and before you pay any money, educate yourself so that you can make the right decision about what kind of immigration help you need and who should provide that assistance.

Contact a lawyer

If you think that you have been cheated by a notario or notario publico in New Jersey, you should contact a lawyer or the State Division of Consumer Affairs. If you cannot afford a private attorney, you may qualify for help from Legal Services of New Jersey. To find out if you qualify, call LSNJ-LAW™, Legal Services of New Jersey’s statewide legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529). The hotline is open from 8 a.m. to 5:30 p.m., Monday through Friday.

File a complaint

You may also file a complaint with the New Jersey Office of the Attorney General, Division of Consumer Affairs, by calling 1-800-242-5846, e-mailing askconsumeraffairs@lps.state.nj.us, or writing a letter to the Division of Consumer Affairs at 124 Halsey Street, Newark, New Jersey 07102.

This article appeared in the April 2007 edition of Looking Out for Your Legal Rights ®.