Notaries, immigration attorneys, all or none? What you need to know to protect your case

If you are looking for help with an immigration process, you have probably come across terms like "immigration attorney," "notary," "immigration consultant," or "accredited representative." The difference between these professionals is not just a title: it can mean the difference between a successful case and deportation.

Judge in court

In this article, we explain what each one does, who is authorized to help you, and how to avoid falling for scams that could cost you your future in the USA.

The problem: the confusion with the word "notary"

One of the most dangerous confusions for the Latino community is the meaning of the word "notary." In many Latin American countries, a notary public is a legal professional with advanced studies authorized to provide legal advice. In Mexico, Colombia, the Dominican Republic, and other Central and South American countries, the term "notary" carries the same level of trust as an attorney.

But in the USA, the reality is completely different. A US notary public is only authorized to witness signatures and administer oaths. They have no legal training and cannot give immigration advice. A notary in the USA can only:

• Witness your signature on a document.

• Administer an oath or affirmation.

• Certify that a copy of a document matches the original.

• Charge a small fee for these services (generally $5 to $15 per signature).

Scammers exploit this linguistic confusion. They post signs in Latino neighborhoods saying "notary," "notary public," "immigration advisor," or "immigration consultant," knowing that newly arrived immigrants will hear those words and think they are dealing with an attorney.

Notary in the USA: what they CANNOT do

A US notary public CANNOT:

• Give legal advice on immigration, family law, criminal law, or any other area.

• Tell you which immigration form you should file or how to fill it out.

• Charge a fee for preparing immigration forms (in most states, this is considered unauthorized practice of law).

• Represent you before USCIS, the immigration court, or any other government agency.

• File appeals, motions, or applications on your behalf.

• Sign Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative).

• Maintain confidentiality about what you tell them (attorney-client privilege does not exist).

In several states, such as Minnesota and Colorado, the law explicitly prohibits a notary public from using the term "notary" or "notary public" in their advertising precisely to avoid this confusion.

Immigration attorney: the authorized professional

An immigration attorney is a licensed professional, admitted by a state bar association, and qualified to give legal advice and represent you before USCIS, immigration courts, and federal courts.

When you hire an immigration attorney, you are hiring someone who:

• Is licensed by a state bar association and has a verifiable bar number online.

• Can represent you in immigration court and before the Board of Immigration Appeals (BIA).

• Can file federal appeals in US Courts of Appeals.

• Is bound by ethical rules including attorney-client privilege and the duty of competent representation.

• Has professional liability insurance (malpractice insurance) so that, in the rare event of an error, there is a financial recourse.

• Files Form G-28 with USCIS so the agency formally recognizes the attorney-client relationship.

What can an immigration attorney do?

• Evaluate your eligibility for visas, green cards, or citizenship.

• Analyze risks (unlawful presence, prior entries, criminal history, etc.).

• Develop a strategy tailored to your case.

• Prepare and file legal documents on your behalf.

• Represent you in interviews, hearings, and court.

• Identify legal issues before they become serious obstacles.

DOJ-accredited representatives: an ethical alternative

There is a third option that many people do not know about: Department of Justice (DOJ) accredited representatives. They are non-attorneys who work for recognized nonprofit organizations and have received government training and authorization to provide immigration legal services.

The DOJ's Recognition and Accreditation (R&A) Program has existed for over 60 years to increase the availability of competent legal representation for low-income individuals in immigration proceedings. Currently, the program has approximately 850 recognized organizations and over 2,290 accredited representatives nationwide.

Two types of accreditation

• Partial accreditation (DHS only): Can represent clients only before USCIS (immigration benefits, citizenship, naturalization, etc.).

• Full accreditation: Can represent clients before USCIS and also before immigration court (EOIR) and the Board of Immigration Appeals (BIA).

  
  

Accredited representatives are a lifeline for communities where access to attorneys is limited or costly. Programs like VIISTA (Villanova Interdisciplinary Immigration Studies Training for Advocates) train future accredited representatives so they can begin serving their communities quickly under supervision.

What happens if you hire a notary? The consequences

The damage caused by notary fraud is often permanent. Cases repeat with a devastating pattern:

• Poorly filed forms leading to denials and, in some cases, referrals to deportation proceedings.

• Missed deadlines destroying cases. The deadline to apply for asylum (one year from entry) is strict; if missed, the asylum case is generally lost forever.

• Incorrect applications that can trigger permanent bars. Applying for adjustment of status without being eligible can initiate deportation proceedings.

• No attorney-client privilege. Everything you told the notary can be used against you.

• No recourse with the state bar. You cannot file a complaint against a non-attorney.

• In the worst cases: deportation. Poorly filed submissions have directly led to removal orders, family separation, and permanent bars to returning to the USA.

California Attorney General Rob Bonta issued a warning to immigrant communities about the dangers of notary fraud, especially in a context of increased demand for immigration services. In Minnesota, a $500,000 fraud case was reported where a scammer offered fake legal services in churches. In the Bay Area, cases of scammers posing as immigration attorneys have doubled, with victims losing thousands of dollars.

Notary fraud data

• According to a study from nearly 30 years ago, 71% of undocumented immigrants who received legal advice in Los Angeles County went to notaries.

• Between October and December 2025, more than 130,000 new cases were filed in immigration courts, adding to a backlog of nearly 3.4 million pending cases.

• In December 2025, only 26.7% of deported individuals were represented by an attorney.

• The Federal Trade Commission (FTC) reported that the number of reported immigration scams doubled from 2023 to 2024, going from 613 to 1,291 reports.

Red flags: how to identify a notary or scammer

If you see any of these signs, walk away. A real immigration attorney will never:

• Promise a guaranteed outcome. No real attorney can guarantee approval. USCIS, ICE, and judges make those decisions.

• Charge much less than a real attorney. A notary charging less is taking shortcuts that could cost you your case.

• Operate from a tax preparation, insurance, or multi-service location. Immigration law firms operate as law firms.

• Not show you their state bar credential or bar number. Every attorney has one and shares it freely.

• Pressure you to sign documents in English you do not understand. Never sign something you do not understand. A real attorney will translate or explain every page before signing.

• Ask you to lie on a form. This is a federal crime that can permanently bar you from immigration benefits.

• Refuse to sign Form G-28 with USCIS. If they do not formally appear as your representative, it is because they cannot do so legally.

• Contact you through WhatsApp, social media, or direct messages. Real attorneys use office numbers and professional emails.

• Ask for upfront payment through Zelle, Western Union, or similar platforms. After receiving payment, they often disappear.

• Promise quick results or special connections within the immigration system. Nothing is guaranteed in immigration.

What options do you have if you cannot afford an attorney?

If you cannot afford a private attorney, there are legal and ethical options:

• Nonprofit organizations recognized by the DOJ offering free or low-cost legal services.

• Accredited representatives working at these organizations.

• Legal helplines like LSNJLAW (1-888-LSNJ-LAW) in New Jersey.

• The American Immigration Lawyers Association (AILA) and state bar associations can refer you to qualified attorneys.

  
  

What to do if you have been a victim of fraud

If you believe you have been a victim of notary fraud:

1. Contact a licensed immigration attorney immediately to review your case and limit the damage.

2. File a complaint with your state attorney general.

3. Report the fraud to the USCIS Office of the Inspector General at oig.dhs.gov.

4. File a report with the Federal Trade Commission (FTC) at reportfraud.ftc.gov.

5. Contact the EOIR Fraud and Abuse Prevention Program.

Clear information, not legal advice

At RISE Immigration Services, we are not lawyers, but we are here to inform you. This content is a guide based on official information from the DOJ, USCIS, and reliable sources. For specific advice about your case, always consult with a licensed immigration attorney or a DOJ-accredited representative. The Latino community grows stronger when we support each other with honest information and no deception.

References

• U.S. Department of Justice, Executive Office for Immigration Review. 8.3 - Jurisdiction. 26 de enero de 2026.

• University of Minnesota Law School. Prof. Ana Pottratz Acosta Interviewed by WCCO News About Fraud Case of Immigrants Offered Legal Services. 5 de noviembre de 2025.

• Claxton Law PLLC. Immigration Attorney vs. Notario: Don't Get Scammed. Mayo de 2026.

• U.S. Department of Justice, Executive Office for Immigration Review. Recognition and Accreditation Program Frequently Asked Questions. 7 de septiembre de 2025.

• NBC Bay Area. California AG warns immigration communities about scams. 29 de junio de 2025.

• WisBar. State Bar Receives Reports of Notario Fraud in Immigration Law. 22 de enero de 2025.

• St. John's Law Scholarship Repository. Betrayal of Trust, Restoration of Hope. 14 de diciembre de 2025.

• Heflin Law PLC. Immigration Help: Attorney vs. Notario vs. Doing It Yourself (DIY). 12 de abril de 2026.

• USCIS. Become an Authorized Provider. 23 de enero de 2025.

• LSNJLAW.org. Warning to Immigrants: Beware of the Unauthorized Practice of Law by Notaries Public in New Jersey. 3 de febrero de 2025.

• Minnesota Statutes. 358.72 PROHIBITED ACTS. 2025.

• Public Counsel. Public Counsel Releases Guide to Combat Notario Fraud. 8 de junio de 2026.

• New Horizons Legal. What is the Role of an Immigration Attorney vs. a Notario? 23 de noviembre de 2025.

• LSAC. Doing Good with Law: VIISTA As a Path for Immigration and Public Interest Lawyers. 25 de enero de 2026.

• Berkeleyside. Fake immigration lawyers are scamming Bay Area families. 18 de diciembre de 2025.