
Immigration Documents, Notaries and “Notario” Fraud
There’s a common belief that notaries can’t touch immigration documents. That’s not quite right, but the rules are strict for good reason.
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Quick answer
A California notary can notarize signatures on immigration-related documents; the Handbook says there is no prohibition. What a notary can’t do is help you complete immigration forms or give immigration advice unless they are also an attorney, a DOJ-accredited representative, or registered and bonded as an immigration consultant. A non-attorney notary may not charge more than $15 per person for each set of immigration forms, and may never advertise as a “notario público.”
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What a notary can do
- Notarize your signature on affidavits and sworn statements used in immigration matters, such as letters from friends or family describing a relationship, or affidavits of support from sponsors when an agency asks for notarization
- Notarize signatures on powers of attorney, consent letters and other documents that support an application
- Charge the normal notary fees for those notarizations
What a notary can’t do
- Choose immigration forms, fill them in, or advise you about them. Only an attorney, a representative accredited by the U.S. Department of Justice, or a person registered with the Secretary of State and bonded as an immigration consultant may assist with completing immigration forms (Business and Professions Code § 22440).
- Advertise as a notary while promoting themselves as an immigration specialist or consultant (Government Code § 8223).
- Charge more than $15 per individual for each set of immigration forms (for data entry by a bonded consultant), plus normal notary fees for any notarization.
“Notario público” is not a California notary
In much of Latin America, a notario público is a highly trained attorney. A California notary public is not a lawyer, and can’t give legal advice about immigration or anything else. To prevent confusion, California law (Government Code § 8219.5):
- Forbids translating “notary public” into Spanish as “notario” or “notario público,” even with a disclaimer
- Requires a non-attorney notary who advertises in a language other than English to post a notice, in English and that language, that they are not an attorney and cannot give legal advice about immigration or other legal matters, and to list the fees allowed by law
- Treats violations as grounds for suspension or revocation, and a second offense as grounds for permanent revocation
If someone calling themselves a notario offers to file your immigration case, charges large fees, or keeps your original documents, you may be dealing with notario fraud. Contact a licensed immigration attorney or a DOJ-accredited nonprofit.
Translations for USCIS
USCIS requires that a foreign-language document be accompanied by a full English translation and the translator’s certification that they are competent and the translation is accurate. That certification doesn’t need to be notarized. If an agency or court does ask for a notarized translator statement, the translator signs it before a notary with a jurat.
I-9 employment forms
Form I-9 isn’t a notarization at all. Employers sometimes ask a notary to act as their “authorized representative” to examine an employee’s documents. That isn’t a notarial act, and a notary stamp doesn’t belong on the form. We don’t complete I-9 forms; the employer should use another authorized representative.
Common questions
Can a notary notarize immigration documents in California?
Yes, a notary can notarize signatures on immigration-related documents. They can’t help you fill out immigration forms unless also qualified as an attorney, accredited representative or bonded immigration consultant.
Is a notario público the same as a notary public?
No. In California, a notary public isn’t a lawyer. California law forbids notaries from calling themselves “notario” or “notario público.”
Do translations for USCIS need to be notarized?
No. USCIS requires a translator’s certification of competence and accuracy, not notarization.
Related guides
- Foreign-Language DocumentsThe document can be in any language; the conversation can’t use an interpreter.
- Affidavits & Sworn StatementsThe oath, the jurat, and when a declaration needs no notary.
- What a Notary Can’t DoRefusals, prohibitions and the documents a notary must turn away.
- Notary FeesThe legal maximums, the free notarizations, and how mobile travel fees work.
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