Notario Fraud - Unauthorized Practice of Immigration Law (UPIL)
Given that immigration has become such a volatile issue today, immigration lawyers are understandably in higher demand than ever. It's also unsurprising that fraudulent actors are leveraging this situation to take advantage of vulnerable individuals.
Every year, a staggering number of immigrants, often in the thousands, fall victim to a deceptive practice known as "notario fraud." This prevalent issue, also referred to as the "unauthorized practice of immigration law (UPIL)," preys on those seeking trustworthy legal assistance by promising help that cannot legally be given.
Simply put, notario fraud refers to when someone who is not a licensed attorney, often claiming to be a "notario pĂşblico," provides legal advice or services related to immigration.
They are essentially engaging in the unauthorized practice of Immigration law, taking advantage of immigrants who may believe a "notario" has legal authority in the United States, which is not the case. It's considered a form of fraud.
While notario pĂşblico in some Spanish-speaking countries signifies someone with legal authority, in the United States, a notary public only witnesses signatures and cannot provide legal advice.
It's considered immigrant exploitation. Notario fraud often targets immigrant communities by falsely claiming they can represent clients in immigration matters, fill out forms, or navigate the immigration system. Offering legal immigration services without a license is illegal.
The aftermath of notario fraud is often devastating. Victims frequently find themselves in a precarious situation, losing their immigration status, facing unnecessary deportation, and typically being robbed of thousands of dollars in the process. The severity of these consequences underscores the urgency of addressing this issue.
The unauthorized practice of immigration law endangers the integrity of the immigration system and victimizes members of the immigrant community. U.S. Citizenship and Immigration Services (USCIS) is taking steps to combat this exploitative practice.
What Is Notario Fraud?
As noted above, notario fraud refers to the unauthorized practice of immigration law (UPIL) by individuals who falsely claim to be qualified to offer legal services. UPIL has been a chronic problem for decades and results in serious consequences, including devastating financial loss and severe immigration ramifications, such as deportation.
In many cases, these individuals portray themselves as "notarios pĂşblicos" or lawyers to gain the trust of immigrants. The confusion arises because in countries such as Mexico and others in Latin America, a "notario pĂşblico" is someone with advanced legal qualifications akin to a licensed attorney in the U.S.
However, in the United States, a notary public is merely authorized to witness and authenticate signatures, not provide legal advice or services. Fraudulent notarios often make false claims such as:
- Being licensed attorneys ("abogados").
- Being authorized to represent clients before U.S. Citizenship and Immigration Services (USCIS) or in immigration court.
- Having the skills to properly prepare legal documents like applications, wills, and immigration paperwork.
These individuals frequently target immigrant communities due to language barriers or lack of awareness, promising quick and affordable solutions to complicated legal issues. Unfortunately, the consequences of falling for these deceptive tactics can be dire.
How Does Notario Fraud Happen?
Notarios take advantage of people in several ways. Here are some common tactics used in such schemes:
- Misrepresentation of Qualifications. Notarios may falsely claim to hold legal licenses or certifications. They use titles like "consultant" or "advisor" to imply expertise they don't possess.
- Use of U.S. Notary Public Status. Some exploit their notary public credentials in the U.S. to mislead immigrants who equate the term with legal authority in their native countries.
- Charging for Free Forms or Services. Notarios sometimes charge exorbitant fees for filing forms that are freely available on government websites, misleading immigrants into believing such payments are necessary.
- Submission of False or Incorrect Documents. Many notarios fail to complete properly or even intentionally submit fraudulent applications, jeopardizing the client's immigration status.
- Unrealistic Promises. They often guarantee outcomes that no legitimate lawyer would promise, such as "100% approval" or "guaranteed green cards."
These practices not only exploit vulnerable individuals economically but can severely impact their legal cases.
What are the Negative Impacts on Immigrants?
The consequences of notario fraud can be devastating. Victims of fraudulent actors often face severe financial, legal, and personal hardships:
- Loss of Money. Many immigrants end up paying thousands of dollars for incompetent or nonexistent legal work.
- Missed Deadlines. Improperly completed applications or missed deadlines can mean lost opportunities, such as lawful permanent residency or work permits.
- Deportation Risks. Submitting false or incomplete information through fraudulent filings can lead to deportation, even when it isn't the immigrant's fault.
- Civil and Criminal Liability. Victims may unwittingly face consequences for fraudulent claims filed on their behalf, which can result in further complications in their immigration cases.
How To Choose an Immigration Lawyer
Choosing a legitimate immigration attorney is a crucial step in resolving your immigration case. By following these guidelines, you can ensure that you're working with a licensed, knowledgeable, and ethical professional, empowering you to make informed decisions about your legal representation.
Finding a trustworthy lawyer is one of the most important steps you can take toward resolving your immigration case. Here's how to ensure you're working with a licensed, knowledgeable, and ethical professional.
Verify Credentials
A legitimate immigration attorney must be licensed to practice law in at least one U.S. state and qualified to represent clients before USCIS or an immigration court. Look for:
- State Bar Membership. Confirm the attorney is in good standing with the bar association in their state.
- Accreditation by the DOJ. Attorneys or representatives must be authorized to represent you in immigration matters. Check the Department of Justice (DOJ) website for accredited individuals.
- Experience. Immigration law is highly specific. It's critical to choose an attorney who focuses heavily on immigration cases and has a track record of success.
Red Flags to Avoid
Be cautious of individuals or practices that exhibit these warning signs:
- No License or Certification. Ask to see their legal credentials. If they refuse or evade the question, walk away.
- Unrealistic Guarantees. No honest attorney can promise outcomes like guaranteed green cards or visa approvals.
- Insistence on Cash Payments. Reputable attorneys often have a clear and transparent fee structure, typically with official invoices.
- No Physical Office. Be wary of representatives who can't provide a verifiable address for their practice.
Questions to Ask Before Hiring
When meeting with a prospective attorney, ask these critical questions:
- How long have you been practicing immigration law?
- Have you handled cases similar to mine? What were the outcomes?
- Are you licensed and in good standing with the state bar?
- Do you have reviews or references from previous clients?
Legitimate attorneys will provide clear answers to these questions and encourage you to verify their credentials.
What are Related Crimes?
Several federal offenses are related to the unauthorized practice of immigration law, such as the following:
- Immigration Crimes,
- Alien Smuggling,
- Alien Reentry,
- Citizenship,
- Harboring Aliens,
- Marriage Fraud,
- Sell Citizenship Papers.
Practice of Immigration Law
Federal regulation describes the practice of immigration law as the act or acts of any person appearing in any case, either in person or through the preparation or filing of any brief or other document, paper, application, or petition on behalf of another person or client before or with the Department of Homeland Security (DHS) or any immigration judge or the Board of Immigration Appeals.
Representation is defined as practice and preparation before the DHS. Preparation, an essential element of immigration law practice, is "the study of the facts of a case and the applicable laws, coupled with the giving of advice and auxiliary activities, including the incidental preparation of papers."
However, preparation or practice does not include the lawful functions of a notary public or service consisting solely of assistance in whose remuneration, if any, is nominal and who does not hold himself out as qualified in legal matters or immigration and naturalization procedure.
A notary or other individual could transcribe information onto an immigration form. However, activities such as advising the consumer on which form to select or coaching on how to respond to form questions are the practice of law since these activities involve legal analysis and advice.
For more information, contact Eisner Gorin LLP, our federal criminal defense lawyers based in Los Angeles, California.
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