Notario Fraud in the U.S.: How to Spot It and Report It (2026)

As of September 2026, a "notario público" in the United States is not a lawyer and cannot give you legal advice or represent you in an immigration case. The federal rule at 8 CFR 1292.1, together with its parallel DHS rule, 8 CFR 292.1, limits who may represent you before the immigration courts and the Department of Homeland Security (DHS): attorneys, EOIR-accredited representatives and a few narrow categories.

USCIS also says you do not need a representative to file its forms; you may file them yourself. This page explains how a Latin American notario differs from a U.S. notary public, how to check whether the person helping you is authorized, what the laws of 40 states and the District of Columbia say, and how to report fraud.

This page covers U.S. federal law on immigration representation and the laws of 40 states and the District of Columbia on immigration consultants and the notario title. It does not cover other countries' rules. It is general information, not a substitute for advice from a lawyer or accredited representative about your situation.

What a "notario público" is in the United States (and why it is not the same as in Latin America)

In much of Latin America, a notario is a legal professional with broad authority. In the United States, a notary public is a state-commissioned official who witnesses signatures and administers oaths. Holding that commission does not make someone a lawyer.

USCIS puts it this way on its Legal Services page:

"Notarios" or "notario público" are attorneys with special legal credentials in some foreign countries. In the United States, notary publics are not attorneys and cannot represent you in legal matters, including immigration cases.

That gap in meaning is what notario fraud exploits. Someone advertises as a "notario" or "immigration consultant," charges to fill out forms or "fix papers," and gives advice they are not allowed to give. EOIR's Fraud and Abuse Prevention Program calls this the unauthorized practice of immigration law and says it is frequently committed by notarios, immigration consultants or so-called "travel agents."

That is why so many states bar a notary who is not a lawyer from using the word "notario" or translating the title literally into Spanish. The table below shows those laws state by state.

Who can legally advise you or represent you in an immigration matter

The federal rule is 8 CFR 1292.1 ("Representation of others"), last amended February 11, 2022. Paragraph (a) lists who may represent a person before EOIR (the immigration courts and the Board of Immigration Appeals) and DHS. The DHS rule, 8 CFR 292.1, has a similar list for matters before DHS, with some differences in detail and one more category, attorneys outside the United States, in paragraph (a)(6). The five categories in 8 CFR 1292.1(a) are:

1. Attorneys in the United States. Once the registration requirements take effect, the attorney must be registered to practice with EOIR.
2. Law students and law graduates not yet admitted to the bar, only when appearing at the person's request, without pay from the person, and under the supervision of an EOIR-registered attorney or accredited representative.
3. Reputable individuals appearing in a single case, without pay, with a pre-existing relationship to the person (for example a relative, neighbor, clergyman or friend; the requirement can be waived when adequate representation is not otherwise available) and with permission from the official before whom they appear. The rule excludes anyone who regularly engages in immigration practice or holds themselves out to the public as qualified to do so.
4. Accredited representatives: people EOIR has authorized to represent clients on behalf of a recognized organization, whose accreditation is current. A partially accredited representative may practice only before DHS. A fully accredited representative may practice before DHS and, upon registration, before the immigration courts and the Board.
5. Accredited officials of the government to which the person owes allegiance, appearing only in that official capacity and with the person's consent.

A notary public is not on that list. USCIS adds on its Legal Services page that a licensed foreign attorney may represent you only in matters outside the United States.

USCIS also says what someone outside those categories may do: give you limited help filling out USCIS forms, without representing you or giving legal advice, and charge only a nominal fee. USCIS encourages you to check your state's rules to see which services are allowed there.

How to check whether your representative is legitimate

Do this before you pay or hand over documents. These are the steps the agencies themselves describe:

• Accredited representative or recognized organization. EOIR publishes its Recognition and Accreditation rosters: a list of recognized organizations, a list of accredited representatives and a by-state list (PDFs). Look up both the person and the organization they work for.
• Disciplined practitioners. EOIR keeps a list of currently disciplined practitioners. A person on it may be barred from practicing before the immigration courts.
• Attorneys. USCIS recommends asking to see the attorney's current licensing document and confirming with the state agency where they are licensed that they are eligible to practice law. USCIS requires the attorney to be a member in good standing of the bar of a U.S. state, territory or the District of Columbia and not disbarred or otherwise restricted.
• Form G-28. According to USCIS, an attorney or accredited representative who represents you must file Form G-28 with your application, and you sign it too to consent. If someone fills out your forms and claims to represent you but files no G-28, ask why.
• Free or low-cost help. EOIR publishes a list of pro bono legal service providers, organized by state.

State laws on immigration consultants and the notario title

Federal law defines who may represent you. State laws regulate what everyone else may do and advertise. There are two main kinds:

• Immigration consultant laws. These regulate anyone who offers immigration services without being a lawyer. Depending on the state, they require registration or a license, a bond, a written contract, posted notices or a closed list of permitted services. For example, California requires a $100,000 bond before anyone operates as an immigration consultant; Utah requires registration and a $50,000 bond or certificate of deposit; Georgia requires an immigration assistance provider license; and Illinois requires registration with the Attorney General plus malpractice insurance or a surety bond.
• Notary law restrictions. Many states bar a notary who is not a lawyer from using "notario" or "notario público," translating "notary public" literally into Spanish, advertising as an immigration expert, or taking pay to represent someone in an immigration proceeding.

How to read the table: Yes in the third column means the cited law bars a non-lawyer from using "notario" or "notario público," or from translating "notary public" literally. In most states the rule targets notaries; in others, such as Washington, Colorado and New York, it reaches anyone who offers immigration services. Only with the required notice means the word is allowed only if the advertisement carries a warning that the person is not a lawyer.

The table below covers 7 states in the Northeast.

The table below covers 11 states in the Midwest.

The table below covers 11 states in the South, plus the District of Columbia.

The table below covers 11 states in the West.

Some details worth knowing:

• Texas. For a notary, using "notario" or "notario publico" in advertising is a Class A misdemeanor, and it becomes a third-degree felony if the person was previously convicted under the same section, under Government Code § 406.017. The same section bars a notary from taking pay to represent someone in an immigration proceeding.
• Wisconsin. Violating § 140.02(1)(i) can bring a fine of up to $10,000, up to 9 months in jail, or both; a second or later violation can bring a fine of up to $10,000, up to 6 years in prison, or both.
• Kansas. A notary who is not a lawyer and uses "notario" commits a class B nonperson misdemeanor, and the act is also a deceptive practice under the consumer protection act, under K.S.A. 53-5a25.
• Nevada. The Secretary of State must suspend a notary who violates the ban and assess a civil penalty of up to $2,000 per violation, under NRS 240.085. Separately, registered document preparation services may not use terms such as "notario," "notario publico" or "licenciado" in their advertising in a way that implies they are lawyers, or claim special influence with the court or agency, under NRS 240A.240.
• Oregon. Under ORS 9.280, acting as an immigration consultant for pay without being an active member of the Oregon State Bar is the unauthorized practice of law, except for people federal law authorizes to represent others before DHS or the Department of Justice. On the notario title, a person injured by a violation can sue for actual damages or $200, whichever is greater, under ORS chapter 194.
• New Jersey. An immigration consultant who holds themselves out as a lawyer commits a third-degree crime, and knowingly keeping another person's immigration documents for more than a reasonable time after a written request for their return is a fourth-degree crime, under N.J. Stat. § 2C:21-31.

States with no consultant law and no title ban. In Alabama, Alaska, Hawaii, Kentucky, Louisiana, New Hampshire, South Dakota and Vermont, the notary law has no notario title ban and there is no dedicated immigration consultant law. That does not make the fraud legal there: general laws against the unauthorized practice of law and deceptive business practices still apply, such as Hawaii Revised Statutes § 605-14.

The table does not include Mississippi or North Carolina. If you live in one of those states, contact your state consumer protection office.

Red flags

These warning signs come from USCIS guidance and from conduct that state laws prohibit. One alone does not prove fraud, but each is a reason to stop and check who you are dealing with.

• They call themselves a "notario," "immigration consultant" or "immigration expert" without being a lawyer or accredited representative. Several laws in the table bar exactly those titles, for example in Florida and Washington.
• They claim special connections in government. USCIS warns that some people and businesses pretend to be immigration experts or say they have special connections to the government. In Maryland and the District of Columbia, an immigration consultant may not claim to obtain special favors from, or have special influence with, federal departments such as Homeland Security, Labor, State or Justice (Md. Com. Law § 14-3303; D.C. Code § 28-5302).
• They promise a result or a fast track for money. USCIS warns about offers to expedite a case for money and promises of a quick benefit. In Utah it is unlawful for an immigration consultant to make a guarantee or promise unless it is in writing and has some basis in fact (Utah Code § 13-49-401).
• They charge up front for work not yet done. Maryland and the District of Columbia bar immigration consultants from doing this. In Colorado, a non-lawyer who demands or accepts advance payment for future services in an immigration matter, especially services tied to a pending immigration reform, commits a deceptive trade practice (C.R.S. § 6-1-727).
• They pick your form or tell you how to answer. That is legal advice. Michigan, for example, bars an immigration clerical assistant from selecting the type of application or form (MCL 338.3467).
• They keep your original documents. Maryland and the District of Columbia bar refusing to return them when the client asks, and in New Jersey knowingly keeping them for more than a reasonable time after a written request is a crime.
• They ask you to send money to a person or pay USCIS fees outside your myUSCIS account. USCIS warns that scammers impersonate government officials and says to be wary of requests, supposedly from USCIS, to transfer money to an individual or pay fees other than through your myUSCIS account.

What to do if you were a victim

Reporting helps stop the scammer. USCIS says that reporting a scam committed by someone else will not negatively affect your application in most cases, if you were not involved.

1. Gather evidence. EOIR lists receipts, retainer agreements, contracts and advertisements as examples. Also keep messages, business cards and copies of anything filed in your name.
2. Report to the FTC. The Federal Trade Commission takes immigration scam reports in English at ReportFraud.ftc.gov, in Spanish at ReporteFraude.ftc.gov, and in other languages at (877) 382-4357, press 3, according to its page on scams against immigrants.
3. Report to EOIR. The Fraud and Abuse Prevention Program accepts complaints by email at EOIR.Fraud.Program@usdoj.gov. If the complaint is about an attorney or accredited representative, you can also use Form EOIR-44, available in English and Spanish from the Attorney Discipline Program page. USCIS also lists the program's phone number, 877-388-3840, on its Avoid Scams page.
4. Report in your state. USCIS recommends reporting the scam to your state consumer protection office and, if you lost money or other possessions, to local police too, according to its Report Immigration Scams page.
5. Get legitimate help with your case. If someone filed papers in your name, ask a lawyer or accredited representative to review your file and any pending deadlines. You can start with EOIR's pro bono provider list or its accredited representative rosters.

For related questions, see what to do if ICE comes to your door, whether you can record ICE agents, recording ICE during raids and detentions and your right to film federal law enforcement. All of our guides on this topic are in the immigrant rights section.

Disclaimer: This article provides general legal information about notario fraud and the unauthorized practice of immigration law in the United States, based on federal law and state laws in effect in September 2026. It is not legal advice and does not replace a review of your case by a licensed attorney or an EOIR-accredited representative.

Frequently Asked Questions

Can a notary public help me with my immigration case?

A U.S. notary public can witness signatures but is not a lawyer. USCIS says notary publics cannot represent you in legal matters, including immigration cases. Only someone on the 8 CFR 1292.1 list (or its parallel DHS rule, 8 CFR 292.1), such as an attorney or an EOIR-accredited representative, may represent you.

Do I need a lawyer to file forms with USCIS?

No. USCIS says you do not need a representative to file forms and may file them yourself. If you choose a representative, USCIS recommends an attorney or an accredited representative working for a Department of Justice recognized organization.

What is an accredited representative?

A non-lawyer whom EOIR has authorized to represent clients on behalf of a recognized organization, with current accreditation. Partial accreditation allows practice before DHS only; full accreditation also allows practice before the immigration courts and the Board of Immigration Appeals, upon registration.

How do I check whether an accredited representative is real?

Look up the person and their organization on the Recognition and Accreditation rosters EOIR publishes at justice.gov/eoir/recognition-accreditation-roster-reports. You can also check EOIR's list of currently disciplined practitioners.

Can an immigration consultant fill out my forms?

It depends on the state and on what they do. USCIS says someone who is not a lawyer or accredited representative may give limited help filling out forms, without representing you or giving legal advice, and may charge only a nominal fee. Several states, such as California, Illinois and South Carolina, set which services consultants may offer and require registration, a license, notices or a bond.

Where do I report a fake notario or immigration consultant?

You can report to the FTC at ReportFraud.ftc.gov, to EOIR's Fraud and Abuse Prevention Program at EOIR.Fraud.Program@usdoj.gov (or on Form EOIR-44 if the complaint is about an attorney or accredited representative) and to your state consumer protection office. If you lost money, USCIS says to report it to local police too.

Will reporting a scam hurt my immigration case?

USCIS says that reporting a scam committed by someone else will not negatively affect your application in most cases, if you were not involved.

In which states is it illegal to use the notario title?

In 35 of the 41 jurisdictions in this page's table, the law bars non-lawyers from using notario or notario público, or from translating notary public literally. In Arkansas, Connecticut and Wisconsin the word is allowed only with a notice that the person is not a lawyer.