What is a Notario or Immigration Consultant?
- Notarios are not lawyers. They also are not valid accredited representatives approved by the U.S. government. Often, they use the term “notario publico” to advertise their services in the Hispanic community. That title is not recognized in the United States as it is in some Latin American countries.
- While many legitimate community and religious organizations provide immigration-related services, non-lawyers who advertise as legal “consultants” or “notarios publicos” are not authorized or qualified to help with immigration law-related matters.
- These notarios often take advantage of people from their own ethnic community. Some attempt to provide legal services but are not competent to do so. Still others will take your money without ever intending to file your documents or help you in any way.
Who is Authorized to help Immigrants with their Legal Matters?
- Only a licensed lawyer or accredited representative is authorized and qualified to assist you with your immigration case or green card application. Unlike consultants, immigration lawyers have completed extensive education and training before being licensed to represent clients. You can check whether an immigration lawyer is in good standing and licensed by contacting your state bar or state Supreme Court. You can also check to see if the immigration lawyer has been suspended or expelled from practice before the immigration court, the Board of Immigration Appeals (BIA), or the immigration service (USCIS).
- Accredited representatives (who are not licensed lawyers but can provide limited assistance in immigration matters) must work for a Recognized Organization and be authorized by the BIA. Only those recognized organizations appearing on this list are allowed to help with immigration matters. These organizations must either provide their services for free or must only charge a nominal (small) fee for their services. Ask to see a copy of the decision from the BIA granting official recognition to the organization. Also, check the lists of currently and previously disciplined practitioners to see if the accredited representative has been expelled or suspended from practice before the immigration courts or immigration service.
- It is against the law for notaries public to provide immigration advice–even filling out forms or a green card application is something that only a properly licensed immigration lawyer or accredited representative should do. Lawyers from another country who are not licensed in the United States also are not authorized by law to provide immigration services within the United States. Sometimes, a law student participating in a law school clinic, legal aid program, or through a non-profit organization may represent a person as described by regulation.
What are my rights?
- If you work with an immigration lawyer or accredited representative, you have certain rights. You have the right to:
- A written statement or contract, explaining the work the lawyer will do in your case and the fees he or she will charge for that work
- Be kept informed about your case status and what has been filed
- A complete copy of any forms or documents submitted in your case
- An accounting of your case, spelling out the total costs, as well as receipts for payments
What should I do if I have been harmed by a consultant or notario?
How can I find qualified immigration assistance?
Unfortunately, the government does not provide free lawyers in many immigration cases; generally, you must hire your own lawyer or represent yourself. If you need help finding a qualified immigration lawyer in your area, you can contact the American Immigration Lawyers Association (AILA) online at www.ailalawyer.com. If you need help finding an accredited representative, click here for a list.
Remember, an accredited representative works with a nonprofit community or religious organization and has been recognized as having the necessary skills and training to assist with immigration law matters. However, these individuals and organizations can only charge a small or nominal amount for their services. If you work with an accredited representative, ask to see his or her accreditation with his or her current non-profit organization. It often costs nothing to talk to a lawyer about your personal situation. To find an attorney, ask friends, neighbors, or relatives who they might recommend.
Why is AILA sponsoring this website?
Because of the damage notarios and unqualified consultants practicing immigration law cause to the lives and families of immigrants, we are determined to do anything we can to stop this harm. This website is our latest effort to educate the public on the harmful and dishonest conduct of these predators. We are saddened by the heart-wrenching stories we hear when immigrants come to our members after the notario has destroyed any opportunity the immigrant had to receive a green card, stay in this country, and/or earn citizenship. Because our professional lives are dedicated to helping others, we simply cannot stand by and watch the damage being done by notarios.