Many immigrants and newcomers to the United States require legal help from time to time – whether to request a benefit, maintain lawful status or protect their residency. Sometimes, those who cannot afford legal assistance turn to notary publics. Unfortunately, unethical notaries or “immigration consultants” practicing fraud have recently become a serious issue for immigrants throughout the nation.
Victims of these schemes are generally undocumented immigrants who speak very little English and have no knowledge of the legal system. A statement issued by the American Bar Association reads, “ often using false advertising and fraudulent contracts, notaries hold themselves out as qualified to help immigrants obtain a lawful status or perform legal functions such as drafting wills or other legal documents.”
Notary frauds get away with their deception because undocumented immigrants are not likely to bring their plight to the authorities. Immigrants are afraid that if they turn in the notaries, they themselves will be turned over to the police or Immigration and Customs Enforcement. These notaries often present themselves as qualified legal professionals and charge their victims an exorbitant amount of money while never delivering the appropriate legal service they promise. Immigrants who are deceived in this way often lose the only opportunity to achieve immigration relief as they missed a filing deadline or did not follow the correct procedure.
Unethical notaries can sometimes go so far as to provide fake documents as evidence for status applications. These fake records and documents become a part of the immigrant’s permanent file. They are likely to become a significant problem when the individual tries to obtain a valid immigration benefit. Many immigrants have reported that these notaries elicit legal and filing fees and never actually submit the paperwork. Often the money is received, the notary doesn’t file the paperwork as agreed.
Notorios Publicos vs. Notary Publics
Much of the misunderstanding arises from the idea of “notarios publicos.” In many Central American countries, these individuals are, in fact, qualified legal professionals. However, in the United States, “notaries are individuals who can read and write English and over 18 years of age.” In other words, notaries in the United States exist primarily to verify someone’s identity and witness a signature. They do not provide any legal advice or expertise. Since the titles “notorios publicos” and “notaries” sound so similar, immigrants desperate for help may make the error of looking to notaries for the same assistance they would receive from notorious publicos in their home country. This has inspired some notaries to conduct fraudulent operations, knowing they are unlikely to be reported.
Immigrants Need Qualified Legal Assistance
Immigration law has always been complex. But in today’s challenging political climate, it is more critical than ever for those seeking immigration status to get the help they need. While you may think that you can’t afford an attorney, it is far more expensive to give money to those who cannot help you at all.
If you seek to obtain or change your immigration status, seek out a qualified immigration attorney for a consultation. At Probinsky & Cole, we will work with you to determine the best course of action for your individual situation and determine a fee schedule that makes sense for you. You deserve the best legal representation your money can buy – we are here to help.
Probinsky & Cole are professional immigration attorneys located in Sarasota, Tampa, and Orlando.
