Notario Fraud in Utah

A "notario" in the United States is not the same thing as a "notario publico" in countries like Mexico, where the title belongs to a lawyer with special legal training. In the U.S., a notary public can only witness signatures and administer oaths, and cannot provide legal advice, including on immigration matters. USCIS says a notario publico is not authorized to provide any legal services related to immigration.

Who Can Legally Help

When a family in Utah faces immigration paperwork, the only people who can give legal advice and represent them in an immigration case are:

• A licensed attorney in good standing
• A Department of Justice (DOJ)-accredited representative working for a recognized organization

Never hire a "notario" for immigration advice, even if they say they were a notario publico in their home country. Utah's notary law bars a notary who is not a lawyer from giving advice on immigration or other legal matters, and forbids translating "notary public" into another language in a way that suggests the notary is a licensed attorney. A notary who advertises in Spanish must include a notice, in English and Spanish, stating that they are not an attorney licensed to practice law in Utah and may not give legal advice about immigration.

Utah also has an Immigration Consultants Registration Act. A registered immigration consultant may offer only nonlegal help, such as filling in a government form without advising on the answers, translating the applicant's answers, gathering documents like a birth certificate, or submitting a completed form at the applicant's request. A consultant who tells someone which form to file or how to answer questions is giving legal advice, which only an attorney or accredited representative may do.

How to Check Before You Pay

• Attorneys: search the Utah State Bar Member Directory to see whether a lawyer is licensed in Utah. Immigration is federal law, so a lawyer licensed in another state may also practice immigration law; USCIS points to the American Bar Association's state licensing directory for those checks.
• Accredited representatives: the Executive Office for Immigration Review (EOIR) publishes the Recognized Organizations and Accredited Representatives Roster by State and City. The Utah section lists each recognized organization and its representatives, and shows whether a representative is fully accredited or limited to cases before the Department of Homeland Security.

Warning signs of fraud include promises of a guaranteed green card or work permit, requests to sign blank or false forms, charging for government forms that are free, and keeping original documents. Ask for a written contract and a receipt for every payment.

Where to Report Fraud

If you have been defrauded by a notario or immigration consultant in Utah, report it:

• Utah Division of Consumer Protection: its online complaint form, part of the Utah Department of Commerce, includes questions specific to immigration consultant services.
• Federal Trade Commission: USCIS tells scam victims to report to the FTC at ReportFraud.ftc.gov or to their state consumer protection office.

For the immigration case itself, go back to a licensed attorney or a DOJ-accredited representative, who can review what was filed and explain the options.