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Notario vs. immigration lawyer: what a notary can't do

In the United States a notary public (notario público) is not a lawyer and may not give immigration legal advice or represent you. Federal rules limit representation to attorneys, DOJ-accredited representatives and a few narrow categories.

If you grew up in Mexico, Central or South America, or much of Europe, the word "notario" may mean a senior legal professional. In the United States it does not. A US notary public is someone a state has authorised to witness signatures and administer oaths. That is all.

This mismatch is why "notario publico near me" is one of the most common immigration searches, and why states such as Texas and New York have written laws aimed at it. This page sets out what the federal rules say about who may represent you, what state laws forbid notaries and consultants from doing, what that means in practice, and how to check the person you are about to pay.

The short answer: who may represent you

Federal regulations set a closed list. Under 8 CFR 292.1(a) (for USCIS and the rest of DHS) and 8 CFR 1292.1(a) (for the immigration courts and the Board of Immigration Appeals), you may be represented by:

  • an attorney, meaning a member in good standing of the bar of the highest court of a US state, territory or the District of Columbia who is not under a suspension or other restriction (8 CFR 1.2);
  • a law student or law graduate working under supervision, without pay from you;
  • a "reputable individual" appearing without pay, usually someone with a pre-existing relationship such as a relative or friend, and only with the official's permission;
  • an accredited representative of an organization the Department of Justice has recognized;
  • an accredited official of your own government acting in an official capacity;
  • a foreign attorney, but only for matters outside the United States.

Then 8 CFR 292.1(e) closes the door: "Except as set forth in this section, no other person or persons shall represent others in any case."

A notary, a "notario", a travel agency, a tax preparer or an "immigration consultant" is not on that list.

What a notary may lawfully do

The federal definition of immigration practice leaves room for a small set of non-legal tasks. 8 CFR 1.2 defines "preparation" (which counts as practice) as "the study of the facts of a case and the applicable laws, coupled with the giving of advice". It expressly does not include "the lawful functions of a notary public or service consisting solely of assistance in the completion of blank spaces on printed DHS forms, by one whose remuneration, if any, is nominal and who does not hold himself or herself out as qualified in legal matters or in immigration and naturalization procedure."

So, read together with state law, a notary or helper may:

  • notarize a signature or administer an oath, as their state commission allows;
  • translate a document, or type information you give them (Texas expressly allows paid "language translation or typing services", Tex. Gov't Code §406.017(a-1));
  • fill in blank spaces with your own answers, for no more than a nominal fee, without advising you.

USCIS says the same thing in plain words on its Find Legal Services page (last reviewed 4 August 2026): people outside the authorized categories "cannot represent you or give you legal advice" and "can only charge you a nominal fee."

What a notary can't do

A notary or consultant crosses the line when they do any of the following:

  • tell you which visa, form or category fits your situation;
  • tell you how to answer a question on a form, or what to leave out;
  • decide what evidence to send, or explain what a law means for your case;
  • file a Form G-28 (the notice that tells USCIS who represents you) as your representative;
  • go with you to an interview or court hearing as your representative;
  • charge more than a nominal fee for "help" with your case.

USCIS's Common Scams page (last reviewed 4 August 2026) puts it directly: "A notario público is not authorized to provide you with any legal services related to immigration."

State laws: Texas, New York and California

Several states add their own rules. Three examples, read from the official sources on 9 October 2026:

Texas, Government Code §406.017. A notary commits an offense if they state or imply they are a licensed attorney; solicit or accept pay "to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration"; use "notario" or "notario publico" to advertise; or advertise in a language other than English without a notice that includes: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." A first offense is a Class A misdemeanor, a repeat offense is a third-degree felony, and a violation is also a deceptive trade practice.

New York, General Business Law §460-d. A paid "immigrant assistance service" provider may not, among other things: give legal advice or practice law; use the title lawyer or attorney at law; claim special favors with the government; take fees for services not performed; advise a customer how to answer questions on a government document; make guarantees without a basis in fact; refer a customer to an attorney for a fee; or "give advice on the determination of a person's immigration status."

California. The Secretary of State says that before acting as an immigration consultant a person "must obtain a $100,000 bond from a corporate surety" and "satisfactorily pass a background check". Registration does not make a consultant a lawyer. The Secretary of State keeps a public Immigration Consultant Search so you can check a registration.

Other states have their own rules. The federal limit in 8 CFR 292.1(e) applies everywhere.

Why it matters: what goes wrong

The harm is rarely the fee alone. Problems people run into after paying an unauthorized helper include:

  • The wrong form, or the wrong category. A filing fee paid on a form that does not fit is usually not refunded.
  • Answers that create a record. Whatever is signed and filed stays in your file. A wrong answer about a past entry, arrest or prior application can surface at an interview years later.
  • Missed deadlines. A Request for Evidence gives you a set time to respond, no more than twelve weeks, and "additional time to respond… may not be granted" (8 CFR 103.2(b)(8)). A notary has no duty to track that date for you.
  • No one to complain to. An attorney answers to a state bar and an accredited representative to EOIR. A notario answers to neither for legal work.
  • Promises about speed. USCIS warns that scammers "guarantee" a faster visa, green card or work permit for a fee, and says only USCIS decides whether to expedite.

How to check who you are dealing with

Before you pay anyone for immigration help:

  1. Ask what they are. An attorney, or an accredited representative of a named recognized organization? Anything else ("consultant", "preparer", "notario", "specialist") means they cannot give legal advice.
  2. If they say attorney: ask which state licenses them and look them up on that state's bar or court lookup. USCIS suggests asking to see their current licensing document and verifying it with the state agency.
  3. Check discipline: EOIR's List of Currently Disciplined Practitioners (updated 8 October 2026) names people barred or suspended from immigration practice.
  4. If they say accredited representative: find their name and organization on the EOIR Accredited Representatives Roster (report last updated 4 October 2026). "DHS only" next to a name means partial accreditation, which does not cover immigration court.
  5. Get the fee in writing and keep copies of everything filed for you.

Where to report a notario or consultant

USCIS's Common Scams page points victims of immigration fraud to the Federal Trade Commission and to your state consumer protection office (listed at usa.gov/state-consumer). Complaints about an attorney go to the bar of the state that licenses them; complaints about an accredited representative or recognized organization can go to EOIR or DHS disciplinary counsel on Form EOIR-44 (8 CFR 1292.19). In Texas, an unauthorized notario is also a matter for local prosecutors under §406.017.

Reporting a scam does not mean you have to keep using the person who scammed you. USCIS notes you can change or end representation at any time.

Finding a licensed attorney or accredited representative

Migratio's directory lists immigration attorneys and DOJ-accredited representatives. Listings are shown in a neutral order with factual filters (state, language, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer, and it is not a lawyer referral service. Check any listing yourself against the state bar or the EOIR roster before you sign anything.

See attorneys and accredited representatives in the directory.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

Can a notario help me with my immigration papers?

A notary may notarize signatures, translate, or type answers you provide for a nominal fee. Under 8 CFR 292.1 and 1.2 a notary may not advise you, choose your form, or represent you. USCIS says a notario público 'is not authorized to provide you with any legal services related to immigration.'

Is a notario publico the same as a lawyer?

Not in the United States. In some countries a notario is a lawyer with special credentials. In the US a notary public is authorized by a state to witness signatures and administer oaths, and is not an attorney.

Is it illegal for a notary to give immigration advice?

Federal rules bar anyone outside the 8 CFR 292.1 list from representing others. Several states also make it an offense: in Texas, a notary who accepts pay to represent someone in an immigration proceeding or advertises as a 'notario' commits a Class A misdemeanor (Gov't Code §406.017).

How do I know if someone is a real immigration lawyer?

Ask which state licenses them, then check that state's bar or court lookup and EOIR's List of Currently Disciplined Practitioners. For an accredited representative, check the EOIR roster for their name and organization.

Where do I report a notario scam?

USCIS points victims to the Federal Trade Commission and your state consumer protection office (usa.gov/state-consumer). In Texas, a violation of §406.017 is also a crime and a deceptive trade practice.

Sources

Last checked 2026-10-09.

Related guides

  • Notario público vs. abogado de inmigración en Estados Unidos — En Estados Unidos un notario público no es abogado y no puede darle asesoría legal de inmigración ni representarle. Solo un abogado con licencia o un representante acreditado por el Departamento de Justicia (DOJ) puede hacerlo.
  • Who can legally give US immigration advice? — Attorneys in good standing and DOJ-accredited representatives of recognized non-profits can advise and represent you; a few narrow categories can appear unpaid. Notaries, notarios and immigration consultants cannot give immigration legal advice. Form preparers may only fill in blanks for a nominal fee.
  • What is a DOJ accredited representative? — An accredited representative is a non-attorney the Department of Justice has approved to represent people in immigration matters, working only through a DOJ-recognized non-profit. 'Full' accreditation covers USCIS, immigration court and the BIA; 'DHS only' covers USCIS and the rest of DHS.
  • How to check an immigration lawyer's license — Ask which state licenses the lawyer, look them up on that state's bar or court register, then check EOIR's List of Currently Disciplined Practitioners. For a non-lawyer accredited representative, check the EOIR roster instead.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.