What we verified in “A notario is not a lawyer: who can give you legal advice”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. The California Attorney General explains that in many Spanish-speaking nations notarios are attorneys with special legal credentials, but in the United States notary publics are people authorized by state governments to witness the signing of important documents and are not necessarily authorized to provide legal services; a notario público is not authorized to provide any legal services related to immigration; only lawyers, accredited representatives and recognized organizations can give legal advice or represent someone in immigration court.

   Sources 12 · Attorney General Bonta Issues Consumer Alert on Notario Fraud… (June 27, 2025): 'In many Spanish-speaking nations'; 'are powerful attorneys with special legal credentials'; 'notary publics are people authorized by state governments to witness the signing of important documents'; 'not necessarily authorized to provide legal services'; 'A notario público is not authorized to provide people with any legal services related to immigration'; 'Only lawyers, accredited representatives, and recognized organizations can give you legal advice or represent you in immigration court' · Checked October 17, 2026

2. According to EOIR (Department of Justice), only certain individuals can represent someone before EOIR, including the immigration courts; those include validly licensed attorneys and accredited representatives. Notarios, document preparers, immigration consultants and travel agents are not allowed to practice law: they cannot give legal advice, say which immigration benefit to apply for, say whether someone is eligible for immigration relief, or represent anyone in immigration court; they are breaking the law if they do.

   Sources 1 · Can Someone Represent You Before EOIR?: 'Only certain individuals can represent you before EOIR'; 'Those include validly licensed attorneys and accredited representatives'; 'Notarios, document preparers, immigration consultants, and travel agents are not allowed to practice law'; 'They cannot give you legal advice, tell you what immigration benefit to apply for, tell you if you are eligible for immigration relief, or represent you in immigration court'; 'They are breaking the law if they do' · Checked October 17, 2026

3. EOIR explains that an attorney has to be a member in good standing of the bar of the highest court of any state, the District of Columbia, or a U.S. possession, territory or commonwealth, and it lists Puerto Rico among the licensing locations; you can ask the licensing entity whether the attorney is a member and in good standing; EOIR can also discipline, suspend or disbar attorneys and accredited representatives, and publishes the list of those disciplined.

   Sources 1 · Can Someone Represent You Before EOIR?, 'Attorneys': 'of the bar of the highest court of any State, the District of Columbia (D.C.), a U.S. possession, U.S. territory, or U.S. commonwealth'; 'A list of all of the locations where an attorney can be validly licensed and practice before EOIR is below'; 'Puerto Rico'; 'ask if the attorney is a member of their bar and if the attorney is in good standing'; 'Attorneys and accredited representatives can also be disciplined, suspended, or disbarred by EOIR'; 'List of Currently Disciplined Practitioners' · Checked October 17, 2026

4. According to EOIR, an accredited representative must be fully accredited to appear before an immigration court or the Board of Immigration Appeals; partially accredited representatives can only appear before USCIS; and an accredited representative can only practice through their recognized organization and cannot take the accreditation with them if they leave it.

   Sources 1 · Can Someone Represent You Before EOIR?, 'Accredited Representatives': 'An accredited representative must be fully accredited to appear before an immigration court or Board of Immigration Appeals'; 'Partially accredited representatives can only appear before U.S. Citizenship and Immigration Services'; 'cannot leave the organization and take their accreditation with them' · Checked October 17, 2026

5. Federal regulations allow non-attorney accredited representatives to represent people before DHS and EOIR; the Recognition and Accreditation Program aims to increase competent immigration legal representation for low-income people; accredited representatives may only provide immigration legal services through recognized organizations, and only non-profit, federally tax-exempt entities may apply to be recognized; accreditation is valid for three years and the organization has to apply for renewal.

   Sources 2 · Recognition & Accreditation (R&A) Program, 'Program Description' and 'Accreditation Renewal': 'to represent aliens before the Department of Homeland Security (DHS) and the Executive Office for Immigration Review (EOIR)'; 'competent immigration legal representation for low-income and indigent persons'; 'Accredited Representatives may only provide immigration legal services through Recognized Organizations'; 'Only non-profit, federally tax-exempt entities may apply to be recognized'; 'Accreditation of representatives is valid for three years' · Checked October 17, 2026

6. EOIR publishes the official Recognition and Accreditation rosters: the list of recognized organizations, the list of accredited representatives, and organizations and representatives listed by state.

   Sources 3 · Recognition & Accreditation (R&A) Program, roster reports: 'Recognized Organizations List'; 'Accredited Representatives List'; 'Organizations and Representatives, Listed by State' · Checked October 17, 2026

7. To be recognized, an organization has to be a non-profit religious, charitable, social service or similar organization that provides immigration legal services primarily to low-income and indigent clients in the United States; if it charges fees, it has to have a written policy for accommodating clients unable to pay; and it has to be federally tax-exempt.

   Sources 10 · 8 CFR §1292.11(a)(1)–(2), Recognition of an organization: 'non-profit religious, charitable, social service, or similar organization that provides immigration legal services primarily to low-income and indigent clients within the United States'; 'if the organization charges fees, has a written policy for accommodating clients unable to pay fees for immigration legal services'; 'Federal tax-exempt organization established in the United States' · Checked October 17, 2026

8. The federal regulation lists who may represent others before EOIR (attorneys, law students and graduates under certain conditions, reputable individuals on a case-by-case basis, accredited representatives and accredited officials of a foreign government) and says that, except as set forth there, no other person may represent others; a reputable individual cannot be paid, has to have a pre-existing relationship with the person represented, and is not given permission if they regularly engage in immigration practice or preparation or hold themselves out to the public as qualified to do so.

   Sources 9 · 8 CFR §1292.1, Representation of others: 'Attorneys in the United States'; 'Law students and law graduates not yet admitted to the bar'; 'Reputable individuals'; 'appearing without direct or indirect renumeration'; 'a pre-existing relationship or connection with the person entitled to representation'; 'regularly engages in immigration and naturalization practice or preparation, or holds himself out to the public as qualified to do so'; 'Accredited representative'; 'Accredited officials'; 'Except as set forth in this section, no other person or persons shall represent others in any case' · Checked October 17, 2026

9. For matters before EOIR, the regulation defines 'practice' as exercising professional judgment to provide legal advice or legal services, and 'preparation' as only filling in blank spaces on printed forms with information the applicant provides, without legal advice; when someone who is not a practitioner does it, any fee must be nominal and they may not hold themselves out as qualified in legal matters or immigration procedure.

   Sources 11 · 8 CFR §1001.1(i) 'practice' and (k) 'preparation': 'exercising professional judgment to provide legal advice or legal services'; 'filling in blank spaces on printed forms with information provided by the applicant or petitioner'; 'the fee for filling in blank spaces on printed forms, if any, must be nominal'; 'may not hold himself or herself out as qualified in legal matters or in immigration and naturalization procedure' · Checked October 17, 2026

10. The California Attorney General warns that immigration consultants, who may call themselves notarios or notaries public, cannot provide legal advice or direction with immigration forms, assess eligibility for immigration relief, or speak to the government on someone's behalf; they can only do non-legal, clerical tasks, like translating information on forms.

    Sources 13 · Protect Yourself from Immigration Scams (Consumer Alert, June 2025), list of things not to do: 'who may call themselves immigration experts, notarios, notaries public, or paralegals'; 'They cannot provide legal advice or direction with immigration forms'; 'assess your eligibility for different types of immigration relief'; 'They also cannot speak to the government on your behalf'; 'They can only do non-legal, clerical tasks, like translating information on forms' · Checked October 17, 2026

11. The same California alert says not to give original documents to anyone without proof that the government requires them, because they may lose them or refuse to return them unless paid; to keep copies of documents, the contract and all receipts; not to trust anyone who claims to get special favors from the government or guarantees a work permit; not to sign forms with incorrect information or blanks; not to pay for immigration forms; and that a person is entitled to a contract listing all services and what each one costs.

    Sources 13 · Protect Yourself from Immigration Scams (Consumer Alert, June 2025): 'give your original documents to anyone unless you see proof that the government requires the original document'; 'they may lose it or refuse to return it unless you pay them'; 'Keep a copy of the contract and all receipts of your payments'; 'Do not trust anyone who claims to be able to get special favors from the government or guarantees you a work permit'; 'Do not sign an immigration form that includes incorrect information or blanks'; 'Do not pay for immigration forms'; 'You are entitled to a contract that lists all the services that will be provided and how much each service costs' · Checked October 17, 2026

12. For victims of an immigration scam, the California alert says to report it to the California Department of Justice at oag.ca.gov/report, or to contact the local District Attorney or county department of consumer affairs.

    Sources 13 · Protect Yourself from Immigration Scams, 'RESOURCES': 'If you are the victim of an immigration scam'; 'Contact your local District Attorney or county department of consumer affairs'; 'Report it to the California Department of Justice at oag.ca.gov/report' · Checked October 17, 2026

13. In California, every notary public who is not an attorney and advertises notary services in another language must post with the advertisement a notice in English and that language saying they are not an attorney and cannot give legal advice about immigration or any other legal matters; the literal translation of 'notary public' into Spanish as 'notario publico' or 'notario' is prohibited; and a notary who holds themselves out as an immigration specialist or consultant may not advertise as a notary public.

    Sources 14 · California Notary Public Handbook (January 2026), Government Code §8219.5 and §8223: 'shall post with that advertisement a notice in English and in the other language'; 'I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters'; 'Literal translation of the phrase'; 'or “notario,” is prohibited'; 'shall not advertise in any manner whatsoever that he or she is a notary public' · Checked October 17, 2026

14. In California, the certificate of acknowledgment a notary completes states that it verifies only the identity of the individual who signed the document, and not the truthfulness, accuracy or validity of that document.

    Sources 14 · California Notary Public Handbook (January 2026), 'Acknowledgment': 'verifies only the identity of the individual who signed the document'; 'and not the truthfulness, accuracy, or validity of that document' · Checked October 17, 2026

15. Puerto Rico's Notarial Act defines the notary as the legal professional who exercises a public function; only those already authorized and attorneys admitted to the profession whom the Supreme Court of Puerto Rico authorizes may practice as notaries; and its statement of motives explains that, in that function, the Puerto Rican notary is not the attorney of any of the parties, represents no client and represents the public faith.

    Sources 16 · Ley Notarial de Puerto Rico (rev. August 27, 2026), Statement of motives, Art. 2 and Art. 7: 'el notario puertorriqueño no es abogado de ninguno de los otorgantes'; 'no representa a cliente alguno, representa a la fe pública'; 'El notario es el profesional del Derecho que ejerce una función pública'; 'los abogados que en el futuro fueren admitidos al ejercicio de la profesión'; 'autorizados por el Tribunal Supremo de Puerto Rico para ejercer el notariado' · Checked October 17, 2026

16. EOIR publishes a List of Pro Bono Legal Service Providers given to individuals in immigration proceedings, with non-profit organizations and attorneys who have committed to providing those services before the immigration court where they are listed; pro bono means uncompensated legal services for indigent people or the public good; EOIR does not endorse those organizations or attorneys.

    Sources 4 · List of Pro Bono Legal Service Providers (updated September 24, 2026): 'The List is provided to individuals in immigration proceedings'; 'contains information on non-profit organizations and attorneys who have committed to providing'; 'uncompensated legal services performed for indigent aliens or the public good'; 'EOIR does not endorse any of these organizations, referral services, or attorneys' · Checked October 17, 2026

17. EOIR has received complaints of individuals selling EOIR and USCIS forms, and states that all those forms are available for free on the agencies' websites.

    Sources 5 · Fraud and Abuse Prevention Program, 'Charging for EOIR or USCIS Forms': 'complaints of individuals selling EOIR and USCIS forms'; 'all EOIR and USCIS forms are available for free on our websites' · Checked October 17, 2026

18. EOIR describes complaints about attorneys or unauthorized practitioners filing asylum applications without people's knowledge or consent: they were told they could get work authorization because they had been in the United States for ten years or had a U.S. citizen child or spouse, were asked to sign a form, and were not told it was the signature page of an asylum application; when they did not appear for the asylum interview, they were placed into removal proceedings before the immigration court.

    Sources 5 · Fraud and Abuse Prevention Program, '10-Year Green Card Scam': 'filing for asylum for some individuals without their knowledge or consent'; 'because the individual has been in the United States for ten years or because the individual has a United States citizen child or spouse'; 'The individual is not told that this form is really the signature page for an asylum application'; 'the individual is placed into removal proceedings before the immigration court' · Checked October 17, 2026

19. EOIR's Fraud and Abuse Prevention Program is the central place to complain about fraud, immigration scams and the unauthorized practice of immigration law, frequently committed by notarios and immigration consultants; complaints go by email to EOIR.Fraud.Program@usdoj.gov; immigration benefit fraud tied to USCIS applications is reported to USCIS through the USCIS Tip Form; EOIR employees will never call and ask for personal information or money; and the page links to how to report a scam to the Federal Trade Commission.

    Sources 5 · Fraud and Abuse Prevention Program: 'the unauthorized practice of immigration law (frequently committed by notarios, immigration consultants'; 'EOIR.Fraud.Program@usdoj.gov'; 'should be reported to USCIS through the USCIS Tip Form'; 'EOIR employees will never call and ask for personal information or money'; 'How Do I Report a Scam or an Unauthorized Practitioner to the Federal Trade Commission?' · Checked October 17, 2026

20. Anyone can file a complaint about fraud, scams or the unauthorized practice of law with EOIR's Fraud and Abuse Prevention Program; it asks complainants to be as specific as possible, with dates, addresses and other identifying information, and to include evidence such as receipts, retainer agreements, contracts or advertisements.

    Sources 6 · Fraud and Abuse Prevention Program: How to File a Complaint: 'Anyone can file a complaint about fraud, scams, or the unauthorized practice of law'; 'Please be as specific as possible, including dates, addresses, and other identifying information'; 'Examples of evidence include receipts, retainer agreements, contracts, advertisements' · Checked October 17, 2026

21. The New York Attorney General warns that in the United States a notary public is not authorized to provide immigration legal advice or services; that only a licensed attorney or a representative accredited by the Department of Justice is qualified to do so; that you can ask an attorney for their license information and verify it with the state bar where they are licensed; and flags anyone who guarantees a specific result, asks you to sign blank forms or pages, makes urgent demands to wire money or pay through online payment apps, or does all business through WhatsApp or other messaging apps. In New York, the Office of New Americans hotline (1-800-566-7636) helps people who think they were victims of an immigration services scam.

    Sources 15 · Attorney General James Warns Against Immigration Services Scams… (July 6, 2026): 'In the United States, a notary public is not authorized to provide immigration legal advice or services'; 'Only a licensed attorney or a representative accredited by the Department of Justice is qualified to provide immigration legal advice or representation'; 'verify their status with the state bar where they are licensed'; 'believe anyone who guarantees a specific result'; 'sign blank forms or blank pages'; 'Never sign anything that has not been completed or that you have not reviewed'; 'Be cautious of urgent demands to wire money to bank accounts or through online payment apps'; 'A provider who conducts all business through WhatsApp or other messaging platforms may be a red flag'; 'Office of New Americans (ONA) hotline: 1-800-566-7636' · Checked October 17, 2026

22. Regulation O (mortgage assistance relief services) prohibits providers of those services from representing that a consumer cannot or should not contact or communicate with their lender or servicer, and from misrepresenting that their service is affiliated with, endorsed or approved by a federal, state or local government agency.

    Sources 17 · 12 CFR §1015.3, Prohibited representations, (a) and (b)(3): 'that a consumer cannot or should not contact or communicate with his or her lender or servicer'; 'is affiliated with, endorsed or approved by, or otherwise associated with'; 'Any Federal, State, or local government agency, unit, or department' · Checked October 17, 2026

23. Regulation O prohibits a mortgage assistance relief service provider from requesting or receiving any payment until the consumer has signed a written agreement with their lender or servicer that incorporates the offer of relief the provider obtained.

    Sources 18 · 12 CFR §1015.5(a), Prohibition on collection of advance payments: 'Request or receive payment of any fee or other consideration until the consumer has executed a written agreement'; 'incorporating the offer of mortgage assistance relief the provider obtained' · Checked October 17, 2026

24. According to the CFPB, HUD-approved housing counseling agencies provide foreclosure prevention counseling free of charge, and can also help you talk to your mortgage servicer.

    Sources 19 · What is a HUD-approved housing counseling agency, and how can they help me? (last reviewed September 11, 2024): 'HUD-approved housing counseling agencies provide foreclosure prevention counseling free of charge'; 'help you talk to your mortgage servicer' · Checked October 17, 2026

25. According to the IRS, you can apply for an ITIN for free at an IRS Taxpayer Assistance Center with ITIN services, and for free at select VITA sites with ITIN services, which have Certifying Acceptance Agents (CAAs); private Certifying Acceptance Agents are approved by the IRS, charge for the service and their fees vary.

    Sources 20 · How do I apply for an ITIN?, 'Apply in person': 'Apply for free at a Taxpayer Assistance Center in the U.S.'; 'VITA sites that offer ITIN services have Certifying Acceptance Agents (CAAs)'; 'Apply in the U.S. or abroad with an agent approved by the IRS. Fees may vary'; table 'Compare options to apply in person' (Free / Fee-based) · Checked October 17, 2026

26. The Legal Services Corporation (LSC) distributes federal grants to nonprofit organizations that provide free legal assistance to low-income individuals and families, including representing those facing eviction or foreclosure; its site lets you locate the LSC-funded program in your area.

    Sources 21 · What are Legal Services?: 'distributing federal grants to nonprofit organizations that provide free legal assistance to low-income individuals and families'; 'Representing individuals and families facing eviction or foreclosure'; 'locate an LSC-funded program in your area' · Checked October 17, 2026

27. EOIR's self-help guide says only two groups of people may provide legal advice and services on an immigration case: attorneys and accredited representatives of non-profit organizations recognized by the Department of Justice; that a notary public, notario or notario público is NOT an attorney or an accredited representative and CANNOT provide legal advice or services on your case; that in the U.S. a notary public is a public officer authorized by law to certify documents, take affidavits and administer oaths; and that immigration consultants, travel agents and immigration assistance providers cannot tell you which forms to use or what answers to put on them, cannot keep your original documents, and do not know secret laws or have special connections to government agencies.

    Sources 7 · Self-Help Guide: Are You a Victim of Fraud? (EOIR, updated January 2022), 'Who Can Help You with Your Immigration Case?': 'Only two groups of people may provide legal advice and services on your immigration case'; 'A notary public, notario, or a notario público is NOT an attorney or an accredited representative'; 'CANNOT provide legal advice or services on your immigration case'; 'a notary public is a public officer who is authorized by law to certify documents, take affidavits, and administer oaths'; 'CANNOT tell you which immigration forms to use or what answers to put on the forms'; 'CANNOT keep your original documents'; 'DO NOT know secret laws or have special connections to government agencies' · Checked October 17, 2026

28. The same EOIR guide says not to trust people who claim a special relationship with USCIS or the immigration courts, or anyone who guarantees specific results; to beware of anyone working in the United States who claims to be an attorney in a foreign country but is not licensed in the United States; to ask to see copies of a state bar certificate or a DOJ accreditation letter before accepting legal advice or services; to get and keep a written contract; not to pay cash but to use a check or credit card if you can, and keep a receipt; never to give original documents (birth certificates, passports or other papers) to anyone helping you with immigration matters; never to sign a blank form, application or petition; and not to sign papers with false information, because providing false information to the government may put you in danger of removal or deportation.

    Sources 7 · Self-Help Guide: Are You a Victim of Fraud? (EOIR, updated January 2022), 'What Should You Do To Protect Yourself from Fraud?': 'Do not trust people who claim to have a special relationship with U.S. Citizenship and Immigration Services (USCIS) or the immigration courts'; 'Do not trust anyone who guarantees specific results'; 'Beware of anyone working in the United States who claims to be an attorney in a foreign country but is not a licensed attorney in the United States'; 'Ask to see copies of attorney bar certificates issued by a state in the United States or DOJ accreditation letters'; 'get and keep a written contract'; 'Do not pay cash for professional immigration services'; 'use a check or credit card instead, and get and keep a receipt'; 'Never give your original documents (birth certificates, passports, or other papers) to anyone who is helping you with immigration matters'; 'Never sign a blank form, application, or petition'; 'providing false information to the government may put you in danger of removal or deportation' · Checked October 17, 2026

29. According to EOIR's guide, attorneys can give legal advice and legal services and represent you before the Department of Homeland Security (DHS), USCIS, any immigration court and the Board of Immigration Appeals (BIA); a fully accredited representative may represent you before USCIS, the immigration court and the BIA, while a partially accredited one can only represent you before USCIS; an accredited representative cannot represent you in state court; and the best way to know someone is a legitimate accredited representative is to check that they are listed as 'active' on the DOJ Accredited Representatives List.

    Sources 7 · Self-Help Guide: Are You a Victim of Fraud? (EOIR, updated January 2022), '1. ATTORNEYS' and '2. ACCREDITED REPRESENTATIVES': 'Attorneys can give legal advice and provide legal services'; 'The Department of Homeland Security (DHS)'; 'The Board of Immigration Appeals (BIA)'; 'A fully accredited representative may represent you before'; 'A partially accredited representative can only represent you before USCIS'; 'An accredited representative cannot represent you in state court'; 'listed as an “active” accredited representative on the DOJ Accredited Representatives List' · Checked October 17, 2026

30. EOIR's guide says that if you were a victim of fraud you can complain to the Department of Justice's Fraud and Abuse Prevention Program by calling 1-877-388-3840 or emailing EOIR.Fraud.Program@usdoj.gov; seek advice from a non-profit law office, immigrant rights group or other trusted community organization; and recover and retain all communications and documents from the suspected fraudster.

    Sources 7 · Self-Help Guide: Are You a Victim of Fraud? (EOIR, updated January 2022), 'What Should You Do if You Have Been the Victim of Fraud?': 'Contact DOJ’s Fraud and Abuse Prevention Program to make a complaint about fraud, immigration scams, or the unauthorized practice of law by calling 1-877-388-3840 or emailing EOIR.Fraud.Program@usdoj.gov'; 'Contact a non-profit law office, immigrant rights group, or other trusted community organization for advice'; 'Recover and retain all communications and other documents from the suspected fraudster' · Checked October 17, 2026

31. Under Florida law, a notary public who is not an attorney and advertises notary services in a language other than English must include with the ad a notice in English and in that language stating: 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE'; a literal translation of 'Notary Public' into another language is prohibited in an ad for notarial services; and a notary who is not authorized to represent a person in an immigration matter may not use the terms notario público, notario, immigration assistant, immigration consultant or immigration specialist in their ads.

    Sources 8 · Fla. Stat. §117.05(10) and (11)(a)–(b): 'A notary public who is not an attorney who advertises the services of a notary public in a language other than English'; 'a notice in English and in the language used for the advertisement'; 'I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE'; 'into a language other than English is prohibited in an advertisement for notarial services'; 'A notary public who is not authorized to represent a person in an immigration matter may not'; 'use the terms notario público, notario, immigration assistant, immigration consultant, or immigration specialist' · Checked October 17, 2026