Notario Fraud

This article describes notario fraud, or immigration legal services fraud, and what to do if you are a victim of notario fraud.

Topics on this page

What is a Notario?
What is an Immigration Consultant?
How to prevent notario fraud?
Remedies
Have you been a victim of notario fraud?

What is a Notario?

In Spanish, the term “notario” refers to someone who can provide certain limited legal services. In English, the term “notary” refers to someone who can officially witness and authenticate signatures on documents.

In the United States, a “notario,” “notario público,” or immigration consultant is NOT an attorney or a representative accredited by the Department of Justice. This means they ARE NOT authorized to provide paid legal advice or legal services for immigration matters.

What is an Immigration Consultant?

An “immigration consultant” is a person who, for a fee, provides nonlegal advice, guidance, information, or services to a client on an immigration matter.

Read the Law: Md. Code, Commercial Law, § 14-3301

An immigration consultant must:

Provide you with a written contract that includes:
- A detailed explanation of the services to be performed.
- An itemization of all fees to be charged to the client.
Allow you to consult with an attorney before signing the contract,
Provide you with the right to rescind the contract within 72 hours of signing,
Clearly indicate to you they are not licensed to practice law or provide legal services,
Provide you with a copy of the signed contract, and
Return any documents to you at your request.

Read the Law: Md. Code, Commercial Law, §14-3304

An immigration consultant may NOT:

Provide any legal advice or legal services;
- Legal services include providing, completing, or filing forms on behalf of an individual. Legal services also include advising an individual to file forms or applying for a benefit on behalf of an individual.
Make misrepresentations or false statements to influence, persuade, or encourage a client to use their services;
Make statements that they can or will obtain special favors from or has special influence with the government;
Collect any fees or other compensation for services not yet performed;
Refuse to return documents supplied by, prepared by, or paid for by a client, at the client's request; or
Represent, advertise, or communicate in any manner that they possesses titles or credentials that would qualify them to provide legal advice or legal services.

Read the Law: Md. Code, Commercial Law, §14-3303

Required Posting

An immigration consultant must post a sign in a visible location at each place of business where they provide services, that states, “I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services”.

Read the Law: Md. Code, Commercial Law, §14-3305

How to prevent notario fraud?

ALWAYS

Make sure the person you hired is licensed to practice law in the U.S.
- The Maryland Courts website has a searchable list of Maryland attorneys.
Beware of anyone who asks you to pay before applying for services or filling out applications.
Make sure you understand what must be done in your case and why, before you proceed.
Get a copy of all applications in your case.
Look for help if your representative threatens to harm you or your immigration case.
Get a second opinion if you’re not sure about the advice you’ve been given.

NEVER

Never hire a “notario”, “notary” or “notary public” to help you with your immigration case.
Never pay someone who will not give you a receipt.
Never sign anything that you don’t understand, or that’s left blank.
Never leave behind your original documents.
Never trust a representative who says they have a special connection in the government, because the government does NOT accept bribes or do favors.
Never trust anyone who says that they can “guarantee” to win your case.

Unscrupulous notarios or consultants routinely prey on immigrants. Because of linguistic, cultural, and financial obstacles, immigrants may believe a notario or consultant can assist them with their legal issues. The fraudulent work of notarios or immigration consultants can have life-devastating consequences for victims. Potential consequences include financial ruin, damage to the immigrant’s legal case, deportation, and permanent family separation.

Remedies

If you have been a victim of notario fraud, you may be able to recover any fees paid to the immigration consultant. You may also be able to recover reasonable attorney fees and damages up to three times the amount you paid to the consultant. Fraudulent immigration consultants may be subject to additional penalties and imprisonment.

Read the Law: Md. Code, Commercial Law, §14-3306