Shakespeare wrote, “A rose by any other name would smell as sweet.” In other words, what something is should be more important than what it is called. Shakespeare, however, was not translating Spanish to English.

In many Latin American and European countries an individual who’s earned the equivalent of a law license and is authorized to represent individuals before the government is a notary public, or in Spanish a notario publico. Notary publics in the United States, however, are authorized only to witness the signature of forms.

This loss in translation opens the door for unscrupulous individuals posing as immigration lawyers in some of America’s Spanish-speaking communities. These imposter lawyers sometimes offer bad legal advice and services regarding immigration or other legal matters. They have no legal qualifications and routinely victimize members of Hispanic communities.

“Notario fraud is very entrenched. It isn’t so much that applicants can’t find lawyers, unless they live in areas far outside of a city. The issue is more that they don’t think that they need a lawyer and believe that other people can help them. A notario publico is just a guy with a stamp in the U.S., but in Latin America it is an elite-level lawyer,” said Matthew Blaisdell, chair, American Immigration Lawyers Rapid Response Committee.

Too Few Statistics

It’s difficult to determine exactly how many Spanish-speaking immigrants are defrauded by notarios each year. According to ayuda.com, in 2016 the Federal Trade Commission received approximately 1,109 immigration services complaints from consumers nationwide. This number only represents a fraction of what is happening on the ground, auyuda.com wrote, indicating that the issue is far more pervasive.

Despite a dearth of hard statistics, notario fraud has been around for generations. As far back as 1986, California passed the Immigration Consultants Act to address the problem. A spokesperson from the National Notary Association said, “It’s a long-standing issue and I suspect the solution is deeper than simply educating the Hispanic population about the differences between attorneys back in their countries of origin and the U.S. Most states already have laws prohibiting notaries from using the term ‘notario’ in advertising.”

Some states have passed laws regulating individuals who provide non-legal immigration forms assistance. Some have gone as far as prohibiting anyone other than an attorney from providing immigration assistance at all. The spokesperson went on to say, “In general the issue isn’t policy; it’s enforcement of the laws already on the books.”

Policy makers seeking to put an end to notario fraud confront two major roadblocks. First, notario fraud is difficult to deal with at the federal level. “There have been a few federal laws proposed, but not much,” Blaisdell said. Secondly, each state and city regulates the practice of law differently, and the federal government is responsible for regulating immigration law. “So, it gets really messy,” Blaisdell said.

The Consequences Of Notario Fraud

Often notario fraud is identified after the fact, when an immigrant has already suffered an adverse event, according to the American Bar Association’s Fight Notario Project’s website. Notario fraud may lead to immigrants receiving a denial of temporary protective status or a removal order.

Sometimes an immigration case can be corrected; sometimes it’s too late. For example, “If an application is denied, but it did not cause any more problems, like identify a ground of inadmissibility or removability or otherwise cause someone to come to the attention of ICE or the courts, then perhaps they can just apply again as long as they remain eligible,” Blaisdell said.

Sometimes, however, immigrants lose eligibility because they age out, or their relationship with their sponsor changes, or they fall out of status before their case can be heard, or for several other reasons.

“It could also be the case that a ground of inadmissibility or removability becomes apparent, or perhaps someone innocently answers a question wrong and is charged with committing a material misrepresentation, in which case they would need a waiver of that ground, which they might not ever be eligible for,” Blaisdell said.

Often individuals leave the U.S. to pick up a visa outside the country only to find that they are not eligible and cannot get back in for three, 10 or 20 years, and in extreme cases even longer.

Who’s Taking Responsibility?

When a notario publico misrepresents a client, the immigrant can encounter a host of problems that might otherwise have been avoided if he or she was represented by a legitimate immigration lawyer. If a notario accidentally misstates how an immigrant entered the U.S. or the location at which he or she will secure his or her green card, what is considered an arrest or even conviction, can have a huge effect on an immigrant’s legal status, according to Blaisdell.

“They might be banned from re-entering the U.S. for 10 years or longer. They might be charged with fraud and unable to finish their case and be put into deportation/removal proceedings. They might lose the ability to receive a benefit that they were otherwise eligible for and might not ever be able to apply again. They might even be detained by ICE. All depending on how they answer certain questions,” Blaisdell said.

Unless notarios are concocting an illegal scheme, they bear no responsibility or liability for misfiling papers on behalf of their clients. “But because they are not lawyers, they have no duty to the client or to the government, so only the applicant (the immigrant) is responsible for whatever is on an application that they sign,” Blaisdell said.

Preventing Notario Fraud

Immigrants who are seeking legal counsel need to be “smart shoppers,” Blaisdell said.  Their choice of lawyer may be the most important decision they make. He advises immigrants to search for someone whom they can trust and comes with a good reputation.

“Don’t make a quick decision based on incomplete information. Ask an elected representative, a law school clinic, a very well-known non-profit organization, or some very established organization. Do your homework and don’t rush it. You deserve it,” Blaisdell said. •