We all keep seeing on the news that Congress is considering changes to the immigration laws or that the President is considering administrative action given Congress’ inaction. No one is sure for now what the President will announce, but it looks like change is coming in some form. The people who might benefit from immigration reform, and their families and friends, would do well to plan ahead a little and identify legal helpers for when the time comes.
In the United States, only attorneys are allowed to practice law. That includes filling out immigration forms and helping immigrants select which forms they need to file. For immigration law specifically, there is a small exception to the general rule that only attorneys can represent clients in immigration cases, and that is for trained individuals who have obtained Accredited Representative status from the Board of Immigration Appeals. They are called BIA Accredited Representatives and must work together with an accredited non-profit organization and with the supervision of an attorney.
So who are notarios? In Latin America, a notary public, called a “notario” in Spanish, is an especially experienced attorney, almost to the level of a judge. In the United States, though, a notary is someone who can witness signatures and stamp that the identify of a person signing a document has been verified. In the United States, a notary is not usually an attorney and it does not require any special training to become a notary. Some dishonest people take advantage of the difference in the meaning of the words “notary” and “notario.” They advertise themselves to the immigrant community as notarios,and then exploit the commonly held assumption that they are legal experts. Some notarios even go so far as to say they are lawyers even though they are not.
As immigration attorneys, we have heard from many people who were unfortunately defrauded by notarios (also known as immigration “consultants”). These people charge large sums of money to fill out immigration paperwork for immigrants, in many cases even though the immigrant does not qualify for the status or benefit for which they are applying. It is so sad to meet with a person who works hard every day to feed her family, and to tell her the money she scrimped and saved was wasted on someone who didn’t know what they were doing. Worse still is to consult with someone who has been detained or deported because of the reckless actions of a notario. It makes us so upset because these tragedies can be avoided!
If you or someone you know needs help with an immigration case, keep these points in mind:
1) Look for an experienced immigration attorney. Referrals from another attorney you trust are great. AILA is also a good place to start the search. See http://www.ailalawyer.com/ for a directory of immigration attorneys sorted by location, languages spoken, and case type.
2) Keep in mind that rumors are not always correct. If you hear about someone who can help people in a way that sounds too good to be true, it probably isn’t true.
3) Insist on a written contract. Get a receipt for any payment.
4) Don’t sign blank forms or forms that contain any false information.
5) Ask to see the attorney’s license to practice law. Walk away if they don’t have one.
6) Make sure you get copies of any correspondence between your lawyer and the government about your case.
If you are the victim of notario fraud, or you know someone who has been, think seriously about making a complaint. You may be reluctant to testify against the notario, but filing a complaint can do a lot of good. It can allow the state to track how serious a problem notario fraud is. Your complaint might help someone else avoid being in the same situation, and you may be able to get your money back. The place to make a complaint varies by state. The website www.stopnotariofraud.org has a list of the consumer protection agencies in each state and links to the complaint forms.
Both attorneys at Saev Hernandez Immigration Practice are members of the American Immigration Lawyers Association, better known as AILA, and its Mid-South chapter, which covers Tennessee, Mississippi, Louisiana, Arkansas, and Kentucky. Rose Hernandez is Chair of the chapter committee on Unlawful Practice of Law, tasked with educating the public about the dangers of notario fraud.