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A Notary Isn’t a Lawyer: How to Avoid Immigration Fraud

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Immigration law is one of the most complex areas of law. It involves multiple government agencies, and the laws and policies are constantly evolving. Unfortunately, immigration fraud is common, and individuals and families can become victims of misleading promises, unauthorized legal services, and costly scams.

Knowing the warning signs can help you protect yourself from immigration fraud. Unfortunately, scammers often take advantage of individuals who are navigating an already stressful and vulnerable immigration situation. Understanding what to look for can help you make informed decisions and avoid becoming a victim.

Warning Signs to Look For

1. You Are Promised Guaranteed Results

If someone promises a guaranteed outcome in your case before even evaluating your circumstances, take a step back and consider seeking a second opinion. Be cautious of anyone guaranteeing a green card, promising an unusually quick decision from immigration officials, or claiming to have special connections or inside contacts within an immigration agency.

No attorney or representative can guarantee the outcome of an immigration case.

2. You Cannot Verify Their Credentials

Immigration law has specific rules regarding who is authorized to provide legal representation. In addition to licensed attorneys, certain nonlawyers known as accredited representatives may provide immigration legal services through organizations recognized by the U.S. Department of Justice (DOJ).

Accredited representatives must meet the DOJ's requirements and work through a recognized organization. Depending on their level of accreditation, they may be authorized to represent individuals before certain immigration agencies and courts. Many work with nonprofit organizations that provide immigration services at reduced costs.

Before seeking assistance, verify whether the individual is an accredited representative by consulting the Department of Justice's Accredited Representatives Roster:

Department of Justice – Accredited Representatives Roster

If you are consulting with an attorney, ask which state they are licensed in and whether you can independently verify their credentials through that state's licensing authority. Unfortunately, some scammers falsely claim to be licensed attorneys or operate under the appearance of legitimate law offices.

3. You Are Working With a Notario Who Claims to Be an Immigration Expert

In many Latin American countries, notarios or notarios públicos may have legal training and authority to perform certain legal services. However, the role of a notary public in the United States is very different. A notary public generally serves to verify identities and witness signatures on documents. Being a notary does not authorize someone to provide legal advice or represent individuals in immigration matters.

Some notaries in the United States offer to complete immigration paperwork for a fee, sometimes advertising their services at lower costs than a private attorney. Because of their title, individuals may mistakenly assume that these notaries are qualified to provide legal assistance.

Unfortunately, a notario is not necessarily an attorney or an authorized immigration representative. Relying on someone who lacks the proper qualifications can result in incorrectly prepared applications, filing for immigration benefits for which you may not qualify, or other serious immigration consequences.

4. You Are Pressured to Pay Immediately or Asked for Large Sums of Money

Pressure to make an immediate payment is another warning sign to watch for. Immigration scammers may create a false sense of urgency, telling individuals that they must pay immediately or risk losing an immigration opportunity.

Be cautious of anyone demanding large payments without providing a clear explanation of the services, fees, and payment terms. Also, be particularly careful when someone requests payment through methods that may be difficult to reverse or trace, such as certain wire transfers or money orders, especially when the payment is being sent to an unfamiliar individual.

Always ask for a written breakdown of fees and request a receipt for every payment.

Steps You Can Take to Protect Yourself

Taking a few precautions before hiring someone to assist with your immigration matter can help protect you from fraud:

  • Verify credentials: Independently confirm that the person assisting you is a licensed attorney or an authorized accredited representative.

  • Request a written agreement: Ask for a written service agreement outlining the services being provided and the associated fees.

  • Get receipts: Always request a receipt after making a payment and keep records of all transactions.

  • Never sign blank documents: Make sure you understand what you are signing and review all documents before providing your signature.

  • Be truthful: Never agree to exaggerate, misrepresent, or provide false information to qualify for an immigration benefit.

  • Keep copies of everything: Obtain copies of all applications, supporting documents, and paperwork you sign or submit.

  • Be cautious with social media communications: Be careful when communicating with attorneys, notaries, or other representatives primarily through platforms such as WhatsApp or Facebook. Verify their identities and credentials independently rather than relying solely on their online profiles.

  • Be careful with money transfers: Before sending money, especially large amounts to individuals in other states or countries, independently verify who is receiving the payment and why it is being requested.

Protect Yourself and Your Immigration Future

Immigration matters can have significant consequences for you and your family. Choosing the right person to assist you is an important step in protecting your rights and your future. If something feels suspicious, take the time to verify credentials, ask questions, and seek a second opinion before moving forward.

Need guidance with an immigration matter?

If you or a loved one needs assistance with an immigration matter, contact De León Law Office, LLC to schedule a consultation. Our office offers English- and Spanish-language services and is committed to providing individuals and families with knowledgeable, personalized legal guidance. Use the contact options on our website to connect with us. 

Disclaimer

This blog post is intended for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every immigration case is different, and you should consult with a qualified attorney regarding your specific circumstances.