A notario is not a lawyer: who can give you legal advice

If a “notario” sign offers to fix your immigration papers, get your ITIN or “help” with your mortgage, this guide is for you. It explains what a notary public can do, why Puerto Rico is different, who can actually give you legal advice, how this fraud reaches your home and how to report it. It is not legal advice: for your own case, we show you where free help is.

Kinds of people who can give you immigration legal advice, attorneys and accredited representatives

2⁷

How long a representative's accreditation lasts before the organization must renew it

3 years²

USCIS and immigration court (EOIR) forms, on their websites

Free⁵

The Department of Justice line to complain about immigration fraud

1-877-388-3840⁷

A notary public in the U.S. is not a lawyer

In many Spanish-speaking countries, a notario is a lawyer with special credentials. Not here. The California Attorney General puts it this way: in the United States, notary publics are people authorized by state governments to witness the signing of important documents, and that does not authorize them to provide legal services. A “notario público” cannot provide you any legal services related to immigration.¹²

The Department of Justice says the same. Its Executive Office for Immigration Review (EOIR, which runs the immigration courts) warns that notarios, document preparers, immigration consultants and “travel agents” are not allowed to practice law: they cannot give you legal advice, tell you which immigration benefit to apply for, tell you whether you are eligible for immigration relief, or represent you in court. They are breaking the law if they do.¹

Its self-help guide puts it in plain words: here, a notary public is a public officer authorized by law to certify documents, take affidavits and administer oaths. They cannot tell you which forms to use or what to answer, cannot keep your original documents, and do not know “secret laws” or have special connections to the government.⁷

What they offer	Can a notary (outside Puerto Rico) do it?
Witness your signature and confirm who you are	Yes, that is what the state authorizes,12 but they do not check whether the document is true or valid14
Give you legal advice, tell you what to apply for or whether you qualify	No1
Speak to the government for you or represent you in court	No131
Translate a form or write in the blanks what you tell them	Only as clerical work, without deciding anything for you;13 for matters before the immigration court, for a nominal fee at most and without claiming expertise11

Puerto Rico is different

The warning in this guide is about the 50 states. In Puerto Rico, the Notarial Act defines the notary as “el profesional del Derecho que ejerce una función pública” (the legal professional who exercises a public function), and only attorneys authorized by the Supreme Court of Puerto Rico may practice as notaries. The same law explains that, when acting as a notary, they are not the attorney of either party: they represent the public faith.¹⁶

If you move from Puerto Rico to one of the 50 states, the notary there is a different figure: a signature witness authorized by the state.¹² For the immigration court, an attorney with a current Puerto Rico license counts as an attorney.¹

Who can give you immigration legal advice

According to EOIR, only certain people can represent you; those include validly licensed attorneys and accredited representatives.¹ The federal regulation gives the full list and closes it: outside that list, no one else may represent others. Even the exception for a reputable individual who helps for free does not apply to someone who regularly does immigration paperwork or advertises as qualified.⁹

Who can help with your immigration case?

Can advise you

Attorney

• A member in good standing of the bar of a state, the District of Columbia or a territory such as Puerto Rico.¹
• Can represent you before USCIS, the immigration court and the Board of Immigration Appeals.⁷
• Confirm the license with their state's bar¹⁵ and check EOIR's list of disciplined practitioners.¹

Can advise you

Accredited representative

• Not an attorney: accredited by the Department of Justice and works only through a recognized organization.²
• Full accreditation covers the immigration court; partial accreditation covers USCIS only.⁷
• Look them up as “active” on the Department of Justice's official list.⁷

Cannot advise you

Notary public (outside Puerto Rico)

• Certifies documents, takes affidavits and administers oaths.⁷
• Cannot tell you which form to use or what to answer.⁷
• Cannot represent you in immigration court.¹

Before you pay, ask to see a state bar certificate or a Department of Justice accreditation letter.⁷

Behind every accredited representativeDOJ-accredited representativeAn accredited representative is a non-attorney whom the U.S. Department of Justice, through its Recognition and Accreditation Program, authorizes to represent people in immigration matters before DHS and, with full accreditation, before the immigration courts. They may only do so through a recognized organization, which must be a non-profit, federally tax-exempt entity. It is the safe way to get low-cost immigration help: the Department of Justice publishes the official roster by state. Anyone who is not on that roster and is not a lawyer is not authorized to represent you.See the full definitionClose there is a recognized organization: a non-profit, federally tax-exempt organization that mainly serves low-income people.¹⁰ The Department of Justice publishes the list of recognized organizations and the roster of accredited representatives, also by state.³

Two details matter. Accreditation is valid for three years and has to be renewed, so check the current roster.² And a partially accredited representative can only appear before USCIS; the immigration court requires full accreditation. If the representative leaves their organization, the accreditation does not go with them.¹

How this fraud reaches your home

The same “notario” who offers to fix papers often offers housing help too. Three common cases:

A deeddeedA deed is the legal document the seller uses to transfer ownership of the home to you. The seller signs it at closing, it lists the names of all the buyers and you receive a copy. Afterward, the settlement agent records it with the county records office; that recording puts the public on notice that you are now the owner. There are several types: a warranty deed gives the most promises about the title, and a quitclaim deed promises nothing. Do not confuse it with a deed of trust, which is the mortgage document.See the full definitionClose. In California, for example, the notary’s certificate says it verifies only the identity of the person who signed, not the truthfulness, accuracy or validity of the document: the seal is not a review of what you sign.¹⁴ If someone asks you to sign a deed that puts your home in their name in exchange for “help”, stop and show it first to a free legal aidlegal aidLegal aid is the free civil legal help that nonprofit organizations and their lawyers provide to low-income people in civil, not criminal, matters. In housing, that includes representing families facing eviction or foreclosure, alongside matters such as custody, child support, protection from domestic violence and access to benefits. In the United States, the Legal Services Corporation, created by Congress, funds a nationwide network of these organizations; its finder points you to the one in your area. Each sets its own income limits.See the full definitionClose office. Offices funded by the Legal Services Corporation give free legal help to low-income families, including when they face eviction or foreclosure.²¹

Mortgage “help”. The federal rule on mortgage assistance relief services bars a “notario” or company selling that help from telling you not to talk to your lender or loan servicerloan servicerThe loan servicer is the company that sends you your mortgage statements and handles the day-to-day tasks of the loan: it processes your payments, answers your questions, keeps track of principal and interest paid and manages your escrow account, if you have one. It can also offer options if you fall behind and, in certain cases, start a foreclosure. It may be the same company that lent you the money or a different one, and it is common for another company to take over the loan after closing.See the full definitionClose, or from falsely claiming government ties.¹⁷ They also cannot charge you anything until you sign a written agreement with your lender or servicer that includes the offer they obtained.¹⁸ ForeclosureforeclosureForeclosure is the process by which the lender or servicer takes back the property after the homeowner fails to make mortgage payments. The rules and timelines depend on each state; all of them include advance notices and, in general, time to catch up or ask for an alternative, such as a repayment plan or a loan modification. If you fall behind, call your servicer and a HUD-approved housing counseling agency early: foreclosure counseling is free and exists for exactly this.See the full definitionClose prevention counseling is free with a housing counselorHUD-approved housing counselorA HUD-approved housing counselor works at an agency HUD has approved to provide housing counseling: independent, expert advice customized to your situation about buying a home, renting, a missed mortgage payment, a foreclosure or credit problems. The agencies usually charge little or nothing; many serve in Spanish and offer the homebuyer education course several assistance programs require. They are not lenders or real estate agents and sell you nothing. Your county page lists the official agencies with phone numbers.See the full definitionClose at a HUD-approved agency.¹⁹ The HUD-approved housing counselors guide explains how to find one who speaks Spanish.

HUD-approved counseling agencies in each state

State	HUD-approved counselors
Alabama	25
Alaska	1
Arizona	21
Arkansas	14
California	81
Colorado	26
Connecticut	13
Delaware	12
District of Columbia	17
Florida	98
Georgia	42
Hawaii	17
Idaho	10
Illinois	81
Indiana	21
Iowa	11
Kansas	3
Kentucky	19
Louisiana	26
Maine	7
Maryland	41
Massachusetts	37
Michigan	59
Minnesota	33
Mississippi	16
Missouri	18
Montana	11
Nebraska	8
Nevada	8
New Hampshire	5
New Jersey	34
New Mexico	7
New York	93
North Carolina	52
North Dakota	3
Ohio	54
Oklahoma	6
Oregon	25
Pennsylvania	75
Puerto Rico	9
Rhode Island	5
South Carolina	13
South Dakota	13
Tennessee	32
Texas	51
Utah	7
Vermont	7
Virginia	49
Washington	15
West Virginia	8
Wisconsin	26
Wyoming	1

Foreclosure prevention counseling is free at these agencies.¹⁹ Source: HUD

The ITINITIN (Individual Taxpayer Identification Number)An ITIN is a nine-digit number the IRS, the federal tax agency, issues to people who need a U.S. taxpayer identification number to file taxes and are not eligible for a Social Security number. It is for tax purposes only: it does not authorize you to work in the United States, does not qualify you for Social Security benefits or the Earned Income Tax Credit, and says nothing about your immigration status. You apply with Form W-7, and it expires if it goes unused for several years. Some lenders accept an ITIN for a mortgage.See the full definitionClose. You do not need a “notario” to get one. According to the IRS, you can apply for free at a Taxpayer Assistance Center with ITIN services or at select VITAVITA (free tax preparation)VITA (Volunteer Income Tax Assistance) and TCE (Tax Counseling for the Elderly) are IRS programs that offer free basic tax return preparation by IRS-certified volunteers. They are meant for people with moderate income, people with disabilities and limited-English speakers; TCE focuses on people sixty and older. The IRS sets no program-wide income limit, but individual sites may set their own. Many sites serve in Spanish and help with ITIN applications and renewals. Filing taxes every year builds the record lenders ask for.See the full definitionClose sites with Certifying Acceptance Agents. Private acceptance agents are approved by the IRS, charge for the service and their fees vary.²⁰ Step by step: How to get an ITIN: Form W-7.

How to protect yourself before you pay

EOIR’s self-help guide gives concrete precautions for when you decide to pay for help with a filing. The idea is simple: get everything in writing, be able to prove what you paid, and never let anyone keep your papers. These are the mistakes that come up most, and what EOIR recommends instead:⁷

The mistake and what you do instead

• Mistake: Paying cash with no contract.

  Instead: Ask for a written contract and, if you can, pay by check or credit card; keep the receipt.⁷

• Mistake: Leaving your original documents with the person helping you.

  Instead: Never hand over originals such as birth certificates or passports; someone who is not an attorney cannot keep them.⁷

• Mistake: Signing a blank form or one with untrue information.

  Instead: Never sign blanks: giving false information to the government may put you in danger of deportation.⁷

• Mistake: Believing someone who claims contacts at USCIS or guarantees the result.

  Instead: Be wary: nobody legitimate guarantees results or has special connections with the government.⁷

• Mistake: Trusting someone who says they are a lawyer in another country.

  Instead: Ask for a U.S. state bar certificate or a Department of Justice accreditation letter.⁷

• Mistake: Buying immigration forms.

  Instead: Download them for free from the USCIS and EOIR websites.⁵

If someone asks you for anything on this list, you do not have to decide on the spot. You can take the paper with you, get a second opinion at a recognized organization or a legal aid office, and come back later.

Warning signs

The agencies that police this fraud describe the same signs:

• They call themselves a “notario”, “consultant” or “gestor” and tell you what to apply for or whether you qualify.¹
• They guarantee a result, such as a work permit, or claim they can get special favors from the government.¹³
• They sell you forms. EOIR and USCIS forms are free on their websites.⁵
• They ask you to sign blank forms or forms with untrue information, or they keep your original documents.¹³
• They rush you to pay by wire transfer or payment app, or only deal with you through WhatsApp or another messaging app.¹⁵
• They will not give you a written contract with each service and its price. In California you are entitled to that contract.¹³
• Someone claiming to be from the immigration court calls asking for personal information or money. EOIR says its employees never do that.⁵

If this is you

The same trick looks different depending on your situation. These are the cases that come up most in the official sources.

What changes with your situation

You are coming from Puerto Rico

There a notario is a lawyer; in the 50 states a notary is a different figure, a signature witness.¹⁶¹² An attorney licensed in Puerto Rico does count as an attorney before the immigration court.¹

You need an ITIN

You do not need a “notario”: the IRS takes applications for free at its Taxpayer Assistance Centers and at some VITA sites.²⁰

You fell behind on your mortgage

No one can charge you for “help” until you sign an agreement with your lender,¹⁸ and a HUD-approved counselor guides you for free.¹⁹

You have a U.S. citizen child or spouse

Be wary of anyone who promises a work permit because of that: EOIR has received complaints about asylum applications people signed without knowing it.⁵

How to report a fake notario

• To EOIR. Its Fraud and Abuse Prevention Program takes complaints about fraud and the unauthorized practice of law, which EOIR says is frequently committed by notarios and immigration consultants. Write to EOIR.Fraud.Program@usdoj.gov⁵ or call 1-877-388-3840. EOIR also suggests seeking advice from a non-profit law office or an immigrant rights group, and keeping every communication from the scammer.⁷ Anyone can complain: give dates, addresses and everything you know, and add evidence such as receipts, contracts or ads.⁶
• To USCIS. If the fraud involves an application with USCIS, EOIR says it is reported through the USCIS Tip Form.⁵
• To your state. In California, for example, you report to the state Department of Justice at oag.ca.gov/report, the district attorney or the county department of consumer affairs.¹³ In New York, the Office of New Americans hotline, 1-800-566-7636, helps victims of immigration services scams.¹⁵
• To the FTC. EOIR’s fraud page links to how to report to the Federal Trade Commission;⁵ the steps are in our housing scams guide.

What to do this week

1. If someone is “helping” you with paperwork, ask whether they are an attorney or an accredited representative. If they are an attorney, confirm their license with their state’s bar.¹⁵
2. If they say they are an accredited representative, look up both them and their organization on the Department of Justice’s official roster.³
3. Do not hand over original documents without an official reason, and keep a copy of everything you sign and every receipt.¹³
4. Before signing a deed or an agreement about your mortgage, show it to a free legal aid office²¹ or a HUD-approved housing counselor.¹⁹
5. If you were already scammed, gather receipts, contracts and ads, and write to EOIR.Fraud.Program@usdoj.gov.⁶