One word means "lawyer" in Mexico and "not a lawyer" in the US
In much of Latin America a notario público is a qualified lawyer. In the United States a notary public is neither, and cannot represent anybody in an immigration case. That single mistranslation is the basis of an entire category of fraud, and both USCIS and the Justice Department maintain standing programmes about it.
- Year
- 2026
- Where
- United States
- Outcome
- Ongoing
- Victims
- Not stated in the sources
- Schemes
- Immigration and visa scams
- Last reviewed
- 2026-09-06
The facts, as recorded
- USCIS states that in the United States, notary publics are not attorneys and cannot represent you in legal matters, including immigration cases.
- The FTC states that in Latin American countries the word notario or notary public means the individual is an attorney or has legal training, but that is not true in the United States.
- Only licensed attorneys in good standing with a US state bar, accredited representatives recognised under the Justice Department's Executive Office for Immigration Review, and supervised law students or graduates may represent someone before USCIS.
- The Justice Department's EOIR Fraud and Abuse Prevention Program says the unauthorized practice of immigration law is frequently committed by notarios, immigration consultants and so-called "travel agents".
- EOIR documents a "10-year green card" scam in which asylum applications are filed without the applicant's consent, misrepresenting their eligibility.
- EOIR documents practitioners collecting a fee and then filing a fee waiver without consent, pocketing the fee.
- EOIR documents people selling EOIR and USCIS forms that are available free on the agencies' websites.
- Complaints go to [email protected], to the relevant state bar, or to the USCIS Disciplinary Counsel on Form EOIR-44.
Why this case matters
Most fraud on this site depends on a lie. This one depends on a translation.
In Mexico, Colombia, Brazil and much of Latin America, a notario público is a highly qualified lawyer holding a state appointment. In the United States, a notary public is a person authorised to witness a signature, and the qualification takes an afternoon.
The words look identical. The professions are not remotely comparable. And a person arriving from a country where the first meaning holds, needing legal help with an immigration matter, has no reason to suspect the difference exists.
USCIS states the position flatly: in the United States, notary publics are not attorneys and cannot represent you in legal matters, including immigration cases.
Who actually can represent you
Three categories, and no others:
- A licensed attorney in good standing with the bar of a US state or territory.
- An accredited representative under the Justice Department’s Executive Office for Immigration Review, working for a recognised organisation.
- A law student or graduate under the supervision of one of the above.
That list is short, checkable, and published by the government. Everyone else — consultant, agency, travel agent, notario — is not permitted to give immigration legal advice, whatever their storefront says.
What the harm actually looks like
The Justice Department’s Fraud and Abuse Prevention Program documents four patterns, and the striking thing about them is that the money is often the smallest part.
Asylum applications filed without consent. EOIR describes a “10-year green card” scam in which an asylum application is submitted on someone’s behalf, misrepresenting their eligibility. An asylum claim the applicant did not know about, cannot support, and does not attend a hearing for, is not a wasted fee — it can produce a removal order.
Fee waivers filed without consent. The practitioner takes the fee from the client, then files a waiver claiming they cannot pay it, and keeps the money. The client’s file now contains a sworn statement about their finances that they did not make.
Forms sold that are free. EOIR and USCIS forms are published at no cost on the agencies’ websites.
Impersonation of EOIR itself, with callers claiming to be immigration court employees and asking for money or personal information.
Why this one is worse than a lost fee
Almost every scheme on this site takes money. This one can take a person’s ability to remain in the country.
A badly prepared application can be denied. A dishonest one can be treated as fraud. A hearing missed because the “representative” never told the client it was happening can produce a removal order in absentia. None of that is fixed by getting the fee back.
Which is why the check is worth doing before anything is signed, and why the government publishes the lists to check against.
Sources
- Legal Services. US Citizenship and Immigration Services. Accessed 2026-09-06. Supports: Who may legally represent someone before USCIS, the statement that US notary publics are not attorneys, and the disciplinary complaint routes.
- Fraud and Abuse Prevention Program. US Department of Justice, Executive Office for Immigration Review. Accessed 2026-09-06. Supports: The programme's role, the attribution to notarios, consultants and travel agents, the four documented scams and the complaint email address.
- How To Avoid Immigration Scams and Get Real Help. US Federal Trade Commission, Consumer Advice. Accessed 2026-09-06. Supports: The notario mistranslation, who may give legal advice, the fake website warning and the visa lottery advice.