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Watch out for notario fraud!

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Massachusetts Law Reform Institute
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Important: 

A notary public in the U.S. is not the same as a notario público in Spanish-speaking countries like Mexico.

There are many people who take advantage of immigrants who do not know the laws of the United States. Be careful before paying a person to help you with immigration paperwork and other legal issues. In some cases, if the person files false paperwork on your behalf, you could face deportation. Only take legal advice from:

  • A licensed attorney or lawyer. An “attorney” or “lawyer” is a person who has a valid license from a state to practice law.
  • An accredited representative. An “accredited representative” is a person who works with a recognized organization and has been given permission by the U.S. government to help people in immigration court and with immigration agencies. A “recognized organization” is a nonprofit, religious, charitable, social service, or similar organization that has been given permission by the U.S. government to help people with immigration court or immigration agencies.

Note:

A notario or notario público also cannot give you legal advice about divorce, child custody, or other legal issues. Only a licensed lawyer can.

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Can a notary public help me with my immigration paperwork?

A notary public is not a lawyer. A notary public in the U.S. is not the same as a "notario público" in Spanish-speaking countries like Mexico. 

It is against the law for a notary public to give legal advice or provide legal services. Make sure to ask the person helping you if they have a law license or have been accredited to give immigration law advice.

Can a preparer or an interpreter help me with my immigration paperwork?

Yes, but they should not tell you they have special knowledge of immigration law and procedure. Only a licensed lawyer or Accredited Representative can give you legal advice.

Anyone can help you write your answers (in your words) on immigration forms or translate documents. But their help should be limited to this. People who offer help with form preparation and translation should only charge you a small fee.

How do I know if a person has a license and is allowed to give me legal advice?
  • Ask in what state(s) they are licensed to practice law. Ask to see the license.
    • Call the office that licenses lawyers in that state. This is usually the “state bar association” or the supreme court of that state. Ask if the lawyer has a bar number and is in “good standing.” For some states you can check online. 
    • In Massachusetts, you can call the Board of Bar Overseers at (617) 728-8800. Or visit the BBO website.
  • Check online to see the list of people who have been disciplined for giving bad advice or for giving advice without a license.
  • If someone says they are an accredited representative and you want to know if that person is allowed to represent you in immigration court, go to the EOIR website and download the “Accredited Representatives List.” Or call (703) 305-9029 for information.
What else can I do to protect myself?
  • Ask for a contract. When you hire a lawyer or accredited representative, insist that they write a contract. The contract should list the help the person will give and the total cost of their work.
  • Get receipts. Make sure to ask for a receipt each time you pay a lawyer or accredited representative.
  • Know what you are signing. Never sign a blank application. Never sign an application that has information you believe is false.
  • Always ask for proof that your immigration applications have been mailed or submitted to the court or immigration office.
  • Get a second opinion. If you aren’t sure that the person you hired is giving you reliable information, ask another lawyer or accredited representative for a second opinion.
What if I think the person I hired has lied to me or is not helping me in the way they promised?

If you think you have been a victim of immigration fraud, report the scam. Reporting the problem may help your own case and will protect others. Here’s how to report a scam:

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Be careful of immigration fraud and scams. Check with an organization you trust before you start any immigration process. 

Use the statewide referral list and the Massachusetts Legal Resource Finder to find free and low-cost immigration legal programs.

Free legal clinics that help you apply for citizenship:

 

Know Your Rights Resources - MIRA Coalition
MIRA Know Your Rights resources

MIRA Coalition's Know Your Rights resource page

Know Your Rights handouts

Know Your Rights cards (courtesy of the Immigrant Legal Resource Center)

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