Know the difference between Attorneys and Notarios
Attorneys vs. Notarios: Know the Difference!
Many “Notarios” in the United States advertise form-filling services and provide legal advice which they are not qualified to provide. Too many times our attorneys at McKinney & Justice have seen new clients who would have had good immigration options, only to find out that a “notario” had filed immigration applications wrongly, or even fraudulently. Those past applications sometimes have irreversible effects, like triggering a costly and stressful removal (deportation) proceeding.
Notarios typically have obtained their “notary public” authorization from the state authority in a valid way. They are allowed to notarize documents with a stamp or seal, and can administer “oaths” in certain cases, but they are NOT attorneys. Often, notarios only have a high school education! Notarios are forbidden from preparing legal documents, or acting as a legal advisor, unless they have gone to law school, obtained a proper degree, and obtained a law license to become a proper attorney.
Some notarios have the best intentions, and only want to help immigrants fill out blank forms or translate documents. But choosing which immigration application to fill out, and making decisions about what to say on the application and how to file it, often rises to the level of legal advice. Choosing the wrong form or checking the wrong box can lead to hundreds of dollars in lost USCIS government filing fees, plus the expense of attorney legal fees to try to “fix” the case. In some cases, after the application is denied by USCIS, USCIS will take note of the person’s immigration status, and can institute removal proceedings. In other cases, such as TPS re-registration, a late or improper filing can lead to the denial of TPS status. In one particularly sad case, a notario filed an N-400 naturalization application for a national of El Salvador, instead of the proper TPS application, permanently damaging that person’s case for TPS.
Are you, or do you know someone who has been victimized by a notario?
- Did they promise or guarantee you legal results, like a green card, for which you were not eligible?
- Did they promise “special treatment” from the government?
- Did they ask you to sign blank forms?
- Did they lie about being an attorney?
- Did they charge you money to return your case file or original documents to you?
- Did they say it was okay to lie or make a misrepresentation on a form, or promise to obtain fraudulent documents?
- Did they give you immigration documents that are invalid or fake?
- Did they reveal confidential information without your permission?
For victims of notario fraud, North Carolina law has many protections. If you think you have been a victim of a notario, or know someone who has been victimized and wants to seek help, please contact us for a consultation. You also can contact the Authorized Practice Committee of the North Carolina State Bar http://www.ncbar.com/faq/f_faq.asp, which investigates complaints of unauthorized practice of law. The NC State Bar also handles attorney discipline. http://www.ncbar.gov/public/intro.asp
You also can contact the North Carolina Department of the Secretary of State, which is in charge of notaries public and also investigates complaints about notarios. http://www.secretary.state.nc.us/notary/contact.aspx
Tips for obtaining legal advice from a qualified professional attorney or representative:
Only licensed attorneys and “accredited representatives” as established by the Board of Immigration Appeals can practice immigration law or represent clients in immigration matters. Students or law school graduates can represent immigrants, but only under attorney supervision. Practicing immigration law includes filing applications or motions with USCIS, the immigration courts, and/or appearing in court for another person.
Before you go to an attorney’s office, or to someone who you think can help you with your immigration paperwork, call and ask whether the attorney is licensed to practice law. You can call the state bar and ask whether this person is authorized to practice law, too.
If the person is not an attorney, but says he or she is an “accredited representative,” you can confirm this at http://www.usdoj.gov/eoir/statspub/accreditedreproster.pdf . Accredited representatives are authorized to represent clients in immigration matters. However, they are not attorneys.
During your consultation, you can ask to see the person’s credentials. At McKinney & Justice, all of our attorneys are licensed to practice law. You can learn more about us, and our experience, in the “About Us” section of our website at www.mckinneyandjustice.com. For example, Jeremy McKinney, who leads our Immigration Division, is a Board Certified Immigration Law Specialist in North Carolina. http://www.nclawspecialists.org/faqs.asp
Most attorneys cannot quote you a legal fee for your case until you have had a proper consultation, because the law is so complex and more than one application might need to be filed. But during or after the consultation, if you qualify for an immigration benefit, the attorney should give you an invoice or a fee quote. It might be a prepaid or flat fee, or it might be an hourly rate, but the attorney should provide you with accurate information about legal fees and billing policies.
Good attorneys will provide you with a written contract or fee agreement explaining what you have hired them to do, and also explaining what legal services or fees the contract does NOT include. You should get a receipt for any payment you have made, plus a copy of any agreement or forms you have signed.
During your consultation, the attorney should explain your legal options. It helps if you:
- Organize your documents BEFORE you walk into the consultation to save time and help the attorney see the most important documents.
- Bring your immigration paperwork with you and any criminal records or other documents you think are important to your case. If you come without documents, it is hard for the attorney to give good advice.
- Fill out very clearly and accurately any intake sheet provided to you by the law office.
- Bring a list of questions with you, just like you would do when you visit a doctor. Being organized and writing out the most important questions that you want to ask in advance of your consultation will help you get the advice you need, and focus the consultation on your goals.
- Speak honestly with the attorney during your confidential consultation. Changing the facts or hiding facts can lead the attorney to give you advice that does not really apply to your situation.
- Ask if you need to leave originals with the attorney, or if you can have those documents photocopied instead. At McKinney & Justice, we almost always just take copies, so that clients can safeguard their originals. Some original documents are impossible to replace! Some originals, such as naturalization certificates, could take a year or more to replace.
- Pay attention during your consultation. If you see messy files everywhere in the attorney’s office, or hear people talking about client’s cases in public spaces, take it as a warning sign.
An attorney should not ask you to sign blank forms, or to sign any document without taking the time to read through it carefully.
An attorney should introduce you to the paralegal or legal assistant who will be helping the attorney (and you) with your case. Sometimes this is done by email, or in person.
An attorney should follow the professional rules of conduct. These rules include:
· Using his or her legal knowledge, skill, preparation reasonably necessary for the representation.
· Maintaining attorney-client confidentiality
· Keeping important deadlines
· Keeping you informed about what is happening in your case
For many people, immigration status is the most important thing, next to good health. Choosing an attorney who treats you with respect and works well with you is important to achieving your immigration goals.
One you have chosen a good attorney and hired him or her to represent you, pay attention to your case by responding to questions or document requests. Review forms carefully, and ask questions when you do not understand. Allow the attorney to guide you through your immigration process, but playing an active role as a client will help you achieve the best possible results.
Summary
Stay away from notarios when it comes to immigration advice, and work with proper organizations to report crime or fraud. If you research your attorney’s background before hiring him or her, prepare in advance for your consultation, and play an active role in your case, you will be set for success.
