Notario Fraud in the U.S.: How to Spot It and Report It (2026)
Independently fact-checked against primary sources (last audited September 24, 2026). · 64 primary sources cited on this page. How we verify our legal content

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:
- Attorneys in the United States. Once the registration requirements take effect, the attorney must be registered to practice with EOIR.
- 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.
- 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.
- 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.
- 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.
| State | Immigration consultant law | Ban on the "notario" title | Citation |
|---|---|---|---|
| Connecticut | No | Only with the required notice | Conn. Gen. Stat. § 3-95a |
| Maine | No | Yes | Me. Rev. Stat. tit. 4, § 1926(3) |
| Massachusetts | No | Yes | Mass. Gen. Laws c. 222, § 17(a)-(b) |
| New Jersey | Yes | No; bars 'lawyer' or 'attorney' in any language | N.J. Stat. § 2C:21-31 |
| New York | Yes | Yes | N.Y. Gen. Bus. Law art. 28-C, § 460-d |
| Pennsylvania | No | Yes | 57 Pa. Cons. Stat. § 325 |
| Rhode Island | No | Yes | R.I. Gen. Laws § 42-30.1-18 |
The table below covers 11 states in the Midwest.
| State | Immigration consultant law | Ban on the "notario" title | Citation |
|---|---|---|---|
| Illinois | Yes | Yes | 815 ILCS 505/2AA; 5 ILCS 312/3-103 |
| Indiana | No | Yes | Ind. Code §§ 33-42-13-3(c), 33-42-13-4 |
| Iowa | No | Yes | Iowa Code § 9B.25 |
| Kansas | No | Yes | K.S.A. 53-5a25(f), (i), (j) |
| Michigan | Yes | Yes | Mich. Comp. Laws §§ 338.3451 et seq. (338.3467); § 55.291(6) |
| Minnesota | Yes | Yes | Minn. Stat. § 325E.031; § 358.72, subd. 3 |
| Missouri | No | Yes | Mo. Rev. Stat. § 486.680(3) |
| Nebraska | No | Yes | Neb. Rev. Stat. § 64-105.03(6) |
| North Dakota | No | Yes | N.D. Cent. Code § 44-06.1-23(1), (3) |
| Ohio | No | Yes | Ohio Rev. Code § 147.142 |
| Wisconsin | No | Only with the required notice | Wis. Stat. § 140.02(1)(i)-(k) |
The table below covers 11 states in the South, plus the District of Columbia.
| State | Immigration consultant law | Ban on the "notario" title | Citation |
|---|---|---|---|
| Arkansas | No | Only with the required notice | Ark. Code §§ 4-109-102, 4-109-103 |
| Delaware | No | Yes | Del. Code tit. 29, § 4336 |
| District of Columbia | Yes | Yes | D.C. Code § 28-5302; § 1-1231.25(c) |
| Florida | No | Yes | Fla. Stat. § 117.05(11) |
| Georgia | Yes | No; bars advertising as a 'legal consultant' | O.C.G.A. § 43-20A-4; § 45-17-8.2 |
| Maryland | Yes | Yes | Md. Code, Com. Law § 14-3303; Md. Code, State Gov't § 18-224(c) |
| Oklahoma | No | Yes | Okla. Stat. tit. 49, § 6(B) |
| South Carolina | Yes | Yes | S.C. Code § 40-83-30; § 26-1-90(L) |
| Tennessee | No | No; bars advertising as an 'immigration consultant' | Tenn. Code §§ 8-16-201, 8-16-202 |
| Texas | No | Yes | Tex. Gov't Code § 406.017 |
| Virginia | No | Yes | Va. Code § 47.1-15.1 |
| West Virginia | No | Yes | W. Va. Code § 39-4-23 |
The table below covers 11 states in the West.
| State | Immigration consultant law | Ban on the "notario" title | Citation |
|---|---|---|---|
| Arizona | Yes | Yes | Ariz. Rev. Stat. §§ 12-2701, 12-2703; § 41-273(C) |
| California | Yes | Yes | Cal. Bus. & Prof. Code §§ 22440-22449; Cal. Gov. Code § 8219.5(c) |
| Colorado | Yes | Yes | Colo. Rev. Stat. § 6-1-727(3)(c) |
| Idaho | No | Yes | Idaho Code § 51-125 |
| Montana | No | Yes | Mont. Code Ann. § 1-5-625(1)(h) |
| Nevada | No | Yes | Nev. Rev. Stat. § 240.085 |
| New Mexico | Yes | Yes | N.M. Stat. §§ 36-3-1 to 36-3-10; § 14-14A-24(C) |
| Oregon | Yes | Yes | Or. Rev. Stat. § 9.280; § 194.350 |
| Utah | Yes | Yes | Utah Code §§ 13-49-201, 13-49-204; § 46-1-11(2)(c) |
| Washington | Yes | Yes | RCW 19.154.060 |
| Wyoming | No | Yes | Wyo. Stat. § 32-3-123(d) |
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.
- 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.
- 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.
- 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.
- 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.
- 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.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Arkansas Code of 1987 Annotated
§ 4-109-102Prohibited acts and practices.In force
It is a violation of this chapter for any person to advertise his or her services using the terms “notario ” or “notario publico”, or any similar term, unless the person is a notary public as defined in this subchapter and the person complies with the notice requirements in § 4-109-103 .
Official text (excerpt) · last checked 2020-11-06 · Read the full text in our law library
Arizona Revised Statutes, Title 12 (Courts and Civil Proceedings), Chapter 18 (IMMIGRATION AND NATIONALITY LAW PRACTICE ACT), Article 1 (General Provisions)
§ 12-2703Scope of remedies; violation; classificationIn force
A. It is unlawful for any person to render for compensation any service constituting the unauthorized practice of immigration and nationality law or to otherwise violate this chapter. B. A person having an interest or right that is or may be adversely affected under this chapter may initiate an action for civil remedies. The provisions of this article are in addition to all other causes of action, remedies and penalties that are available in this state. C. The attorney general shall initiate appropriate proceedings to prevent or to stop violations of this chapter. D. Section 13-703, subsection A does not apply for the purpose of enhancing the sentence of a person who is convicted of two or more offenses under this section. E. A person who violates this chapter is guilty of a class 6 felony.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
Arizona Revised Statutes, Title 41 (State Government), Chapter 2 (ADMINISTRATIVE OFFICERS), Article 1 (Revised Uniform Law on Notarial Acts)
§ 41-273Prohibited acts; civil penalty; violation; classificationIn force
A. A commission as a notary public does not authorize an individual to: 1. Assist persons in drafting legal records, give legal advice or otherwise practice law. 2. Act as an immigration consultant or an expert on immigration matters. 3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters. 4. Receive compensation for performing any of the activities listed in this subsection. B. A notary public may not engage in false or deceptive advertising. C. A notary public, other than an attorney who is licensed to practice law in this state, may not use the term "notario" or "notario publico". D. A notary public, other than an attorney who is licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice or otherwise practice law.
Official text (excerpt) · last checked 2026-08-04 · Read the full text in our law library · Verify at azleg.gov
California Business and Professions Code
§ 22440In forcecited in 2 of our articles
It is unlawful for any person, for compensation, other than persons authorized to practice law or authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, to engage in the business or act in the capacity of an immigration consultant within this state except as provided by this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- People v. Salcido (California Court of Appeal 2019)“…ited States legally. Under the Immigration Consultant Act (Bus. & Prof. Code, §§ 22440- 22449) (Act), with certain exceptions…”
- Carter v. Cohen (California Court of Appeal 2010, 188 Cal. App. 4th 1038)“…the consultant under the Immigration Consultants Act (ICA) (Bus. & Prof. Code, § 22440 et seq.), a jury found that the aliens…”
- Mendoza v. Ruesga (California Court of Appeal 2008, 169 Cal. App. 4th 270)“…J. California’s immigration consultants act (ICA) (Bus. & Prof. Code, § 22440 et seq.) 1 regulates nonat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: California Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
§ 22443.1In force
(a) (1) Prior to engaging in the business, or acting in the capacity, of an immigration consultant, each person shall file with the Secretary of State a bond of one hundred thousand dollars ($100,000) executed by a corporate surety admitted to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to one hundred thousand dollars ($100,000). (2) The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure. (b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person damaged by any fraud, misstatement, misrepresentation, unlawful act or omission, or failure to provide the services of the immigration consultant or the agents, representatives, or employees of the immigration consultant, while acting within the scope of that employment or agency.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Immigrant Rights Defense etc. v. Hudson Insurance Co. (California Court of Appeal 2022)“…ty Bond Immigration Consultants” followed by a citation to “Business and Professions Code section 22443.1” directly beneath that title. Each bond…”
- People v. Salcido (California Court of Appeal 2019)“…procedures (Bus. & Prof. Code, § 22443), and file a bond (Bus. & Prof. Code, § 22443.1, subds. (a)-(d)). A violation of the Ac…”
- P v. Salcido (California Court of Appeal 2019)“…procedures (Bus. & Prof. Code, § 22443), and file a bond (Bus. & Prof. Code, § 22443.1, subds. (a)-(d)). A violation of the Ac…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
California Government Code
§ 8219.5In force
(a) Every notary public who is not an attorney who advertises the services of a notary public in a language other than English by signs or other means of written communication, with the exception of a single desk plaque, shall post with that advertisement a notice in English and in the other language which sets forth the following: (1) This statement: I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters. (2) The fees set by statute which a notary public may charge. (b) The notice required by subdivision (a) shall be printed and posted as prescribed by the Secretary of State. (c) Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario publico” or “notario,” is prohibited. For purposes of this subdivision, “literal translation” of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated. (d) The Secretary of State shall suspend for a period of not less than one year or revoke the commission of any notary public who fails to comply with subdivision (a) or (c).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1993
Opinions citing this section in our collection:
- Ramirez v. Plough, Inc. (California Supreme Court 1993, 6 Cal. 4th 539)“…id., § 17539.6 [advertisements containing 900 numbers]; Gov. Code, § 8219.5 [advertisements by notaries public]; La…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Connecticut General Statutes, Title 03 (State Elective Officers), Chapter 33
§ 3-95aProhibition re notary offering or providing legal advice in immigration matters. Use of title of notario or notario publico.In forcecited in 2 of our articles
(a) A notary public shall not offer or provide legal advice to any person in immigration matters or represent any person in immigration proceedings unless such notary public (1) has been admitted as an attorney under the provisions of section 51-80, or (2) is authorized pursuant to 8 CFR 292.2 to practice immigration law or represent persons in immigration proceedings. (b) A notary public shall not assume, use or advertise the title of notario or notario publico, unless such notary public (1) has been admitted as an attorney under the provisions of section 51-80, or (2) indicates in any advertisement or otherwise provides written notice that such notary public is not licensed as an attorney in this state. (c) Any notary public who violates any provision of this section shall have committed a violation of subsection (a) of section 51-88 and be subject to the penalties set forth in subsection (b) of section 51-88.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at cga.ct.gov
Also relied on in: Connecticut Scam and Fraud Laws: Where to Report and CUTPA (2026)
Code of the District of Columbia, Title 1: Government Organization. - Chapter 12A: Revised Uniform Law on Notarial Acts.
§ 1-1231.25Prohibited acts.In force
(a) A commission as a notary public shall not authorize an individual to: (1) Assist persons in drafting legal records, give legal advice, or otherwise practice law; (2) Act as an immigration consultant or an expert on immigration matters; (3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or (4) Receive compensation for performing any of the activities listed in this subsection. (b) A notary public shall not engage in false or deceptive advertising. (c) A notary public, other than an attorney licensed to practice law in the District, shall not use the term "notario" or "notario publico". (d) A notary public, other than an attorney licensed to practice law in the District, shall not advertise or represent that the notary may assist persons in drafting legal records, give legal advice, or otherwise practice law.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Code of the District of Columbia, Title 28: Commercial Instruments and Transactions. - Chapter 53: Immigration Services Protection.
§ 28-5302Prohibited practices; required disclosures.In forcecited in 2 of our articles
(a) An immigration service provider shall not: (1) Provide legal representation for an immigration matter; (2) Make a misrepresentation or false statement to influence, persuade, or encourage a client to use the immigration service provider; (3) Insinuate or make a statement that the immigration service provider can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, the United States Department of Commerce, or any other agency, office, or instrumentality of the United States government; (4) Collect any fees or other compensation for an immigration service that has not yet been performed; (5) Refuse to return documents supplied by, prepared by, or paid for by a client, at the client's request; (6) Represent, advertise, or communicate in any manner that the immigration service provider possesses titles or credentials that would qualify the immigration service provider to provide legal representation; or (7) Translate in any document, including an advertisement, stationery, letterhead, business…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at github.com
Also relied on in: D.C. Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Florida Statutes
§ 117.05Use of notary commission; unlawful use; notary fee; seal; duties; employer liability; name change; advertising; photocopies; penalties.In force
(1) A person may not obtain or use a notary public commission in other than his or her legal name, and it is unlawful for a notary public to notarize his or her own signature. Any person applying for a notary public commission must submit proof of identity to the Department of State. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(a) The fee of a notary public may not exceed $10 for any one notarial act under this part, except as provided in s. 117.045 or s. 117.275. (b) A notary public may not charge a fee for witnessing a vote-by-mail ballot in an election, and must witness such a ballot upon the request of an elector, provided the notarial act is in accordance with the provisions of this chapter. (3)(a) A notary public seal shall be affixed to all notarized paper documents and shall be of the rubber stamp type and shall include the words “Notary Public-State of Florida.” The seal shall also include the name of the notary public, the date of expiration of the commission of the notary public, and the commission number.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Reinagel v. Deutsche Bank National Trust Co. (Court of Appeals for the Fifth Circuit 2013, 735 F.3d 220)“…before the notary public at the time of the notarization.” Fla. Stat. § 117.05(4). Thus, it appears that, if Bly was n…”
- Nickless v. Bayview Loan Servicing, LLC (In Re Richard) (United States Bankruptcy Court, D. Massachusetts 2011, 460 B.R. 355)“…y obtain and exercise his commission using his legal name. Fla. Stat. § 117.05 (1) (2004). When notarizing an instrume…”
- Joseph Reinagel, Jr. v. Deutsche Bnk Nation (Court of Appeals for the Fifth Circuit 2013)“…before the notary public at the time of the notarization.” Fla. Stat. § 117.05(4). Thus, it appears that, if Bly was n…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Official Code of Georgia Annotated
§ 43-20A-4Licensing of immigration assistance providers.In force
(a) A person shall not provide immigration assistance in this state without holding a license issued pursuant to this chapter as an immigration assistance provider. (b) Any person desiring to be licensed as an immigration assistance provider shall file an application for such license with the…
Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library
Idaho Code
§ 51-125prohibited actsIn forcecited in 2 of our articles
51-125. prohibited acts. (1) A commission as a notary public does not authorize an individual to: (a) Assist persons in drafting legal records, give legal advice or otherwise practice law; (b) Act as an immigration consultant or an expert on immigration matters; (c) Represent a person in a judicial…
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.idaho.gov
Also relied on in: Idaho Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Kansas Statutes Annotated, Chapter 53: NOTARIES PUBLIC AND COMMISSIONERS
§ 53-5a25Prohibited acts.In forcecited in 2 of our articles
(a) A commission as a notary public does not authorize an individual to: (1) Assist persons in drafting legal records, give legal advice or otherwise practice law; (2) act as an immigration consultant or an expert on immigration matters; (3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or (4) receive compensation for performing any of the activities listed in this subsection. (b) A notary public may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party or in which either of them has a direct financial or beneficial interest. A notarial act performed in violation of this subsection is voidable.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Also relied on in: Kansas Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Maryland Code, Commercial Law Article
§ 14-3303In force
§14–3303. An immigration consultant may not: (1) Provide legal advice or legal services concerning an immigration matter; (2) Make a misrepresentation or false statement to influence, persuade, or encourage a client to use services provided by the immigration consultant; (3) Make a statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce; (4) Collect any fees or other compensation for services not yet performed; (5) Refuse to return documents supplied by, prepared by, or paid for by a client, at the client’s request; or (6) Represent, advertise, or communicate in any manner that the immigration consultant possesses titles or credentials that would qualify the immigration consultant to provide legal advice or legal services.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Maryland Code, State Government Article
§ 18-224In force
§18–224. (a) A commission as notary public does not authorize an individual to: (1) assist a person in drafting legal records, give legal advice, or otherwise practice law; (2) act as an immigration consultant or an expert on immigration matters; (3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or (4) receive compensation for performing any of the activities listed in items (1) through (3) of this subsection. (b) A notary public may not engage in false or deceptive advertising. (c) A notary public may not use the term “notario” or “notario publico” unless the notary public is an attorney licensed to practice law in the State. (d) (1) A notary public may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law unless the notary public is an attorney licensed to practice law in the State.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Maine Revised Statutes, Title 4: JUDICIARY, Chapter 39: REVISED UNIFORM LAW ON NOTARIAL ACTS
§ 1926Prohibited actsIn forcecited in 2 of our articles
1. Acts not authorized. A notary public commission does not authorize an individual to: A. Assist persons in drafting legal records, give legal advice or otherwise practice law; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).] B. Act as an immigration consultant or an expert on immigration matters; [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).] C. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).] D. Receive compensation for performing any of the activities listed in this subsection. [PL 2021, c. 651, Pt. A, §4 (NEW); PL 2021, c. 651, Pt. A, §8 (AFF).] 2. False or deceptive advertising prohibited. A notary public may not engage in false or deceptive advertising. 3. Restricted titles. A notary public who is not an attorney licensed to practice law in this State may not use the title "notario" or "notario publico." 4. Advertising requirements.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
Also relied on in: Maine Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Michigan Compiled Laws
§ 338.3467Prohibited conductIn force
(1) An immigration clerical assistant shall not do any of the following: (a) Offer or give legal advice including, but not limited to, selecting the type of application or form to be submitted to a government agency, recommending a procedure to be followed in seeking a benefit under the immigration and nationality act, chapter 477, 66 Stat. 163, and altering or deleting language on standard immigration forms. (b) Engage in the unauthorized practice of law as determined by a court of competent jurisdiction. (c) Represent that services he or she offers or provides are legal advice or legal services. (d) Falsely represent that services he or she offers or provides are necessary. (e) Falsely represent that services he or she offers or provides are in response to a request by or on behalf of a consumer. (f) Represent that the life, safety, or welfare of the consumer and his or her family would be adversely affected if the services of an immigration clerical assistant are not provided. (g) Fail to reveal a material fact regarding an immigration matter or regarding services that could not be reasonably known to the consumer, the omission of which tends to mislead or deceive the consumer.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
§ 55.291Notary public; prohibited conductIn force
(1) A notary public shall not certify or notarize that a record is either of the following: (a) An original. (b) A true copy of another record. (2) A notary public shall not do any of the following: (a) Perform a notarial act upon any record executed by himself or herself. (b) Notarize his or her own signature. (c) Take his or her own deposition or affidavit. (3) A notary public shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters. (4) A notary public shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material describing the role of the notary public, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Smith 267009 v. Jones (District Court, W.D. Michigan 2023)“…arial act upon any record executed by himself or herself.” Mich. Comp. Laws § 55.291(2)(a). Moreover, a notary public, the…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Minnesota Statutes, Chapter 325E: TRADE PRACTICES
§ 325E.031IMMIGRATION SERVICESIn force
Subdivision 1. Definitions. (a) For the purpose of this section, the terms in this subdivision have the meanings given. (b) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country, or that arises under action of the United States Citizenship and Immigration Services, the United States Department of Labor, or the United States Department of State. (c) "Immigration assistance service" means any advice, guidance, information, or action provided or offered to customers or prospective customers relating to any immigration matter and for which a fee is charged. Subd. 2. Notice. (a) Any person who provides or offers immigration assistance services in this state shall post a notice at that person's place of business, setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance services. Each language must be on a separate sign and posted in a location visible to customers.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Minnesota Statutes, Chapter 358: SEALS, OATHS, ACKNOWLEDGMENTS
§ 358.72PROHIBITED ACTSIn forcecited in 2 of our articles
Subdivision 1. Generally. A commission as a notary public does not authorize an individual to: (1) assist persons in drafting legal records, give legal advice, or otherwise practice law; (2) act as an immigration consultant or an expert on immigration matters; (3) represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or (4) receive compensation for performing any of the activities listed in this subdivision. Subd. 2. False or deceptive advertising. A notary public may not engage in false or deceptive advertising. Subd. 3. Terms. A notary public may not use the term "notario" or "notario publico." Subd. 4. Unauthorized practice of law. A notary public, other than an attorney licensed to practice law in this state, may not advertise that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Also relied on in: Minnesota Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Revised Statutes of Missouri, Title XXXII (COURTS), Chapter 486
§ 486.680Limitation on notary making any claim not authorized — nonattorney notaries, services not in English, notice required — prohibited non-English terms.In force
1. A notary shall not claim to have powers, qualifications, rights, or privileges that are not provided under this chapter, including the power to counsel on immigration issues. 2. A notary who is not an attorney who advertises notarial services in a language other than English shall include in the advertisement, notice, letterhead, or sign the following, prominently displayed in the same language: (1) The statement: "I am not an attorney and have no authority to give advice on immigration or other legal matters"; and (2) The fees for notarial acts specified in section 486.685. 3. A notary may not use the term "notario publico" or any equivalent non-English term in any business card, advertisement, notice, or sign.
Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at revisor.mo.gov
Montana Code Annotated, Title 1
§ 1-5-625Prohibited Acts -- Advertising RequirementsIn force
1-5-625. Prohibited acts -- advertising requirements. (1) A notary public may not: (a) notarize the notary's own signature; (b) notarize a record in which the notary is individually named or from which the notary will directly benefit by a transaction involving the record, including as provided in subsection (2); (c) certify a copy of an official record issued by a public entity, such as a birth, death, or marriage certificate, a court record, or a school transcript unless the notary is employed by the entity issuing or holding the original version of the record; (d) affix the notary public's official signature or stamp to any record that does not contain the notary public's completed notarial certificate, unless otherwise directed by statute or rule; (e) engage in false or deceptive advertising; (f) advertise or represent that the notary public, unless also licensed as an attorney in this state, is able to assist persons in drafting legal records, give legal advice, or otherwise practice law. To meet the requirements of this subsection (1)(f), advertising must include the statement provided in subsection (4).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Nebraska Revised Statutes, Chapter 64: NOTARIES PUBLIC
§ 64-105.03Notary public; unauthorized practice of law; prohibitedIn force
(1) A notary public who is not an attorney shall not engage in the unauthorized practice of law as provided in this section. (2) If notarial certificate wording is not provided or indicated for a document, a notary public who is not an attorney shall not determine the type of notarial act or certificate to be used. (3) A notary public who is not an attorney shall not assist another person in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act. (4) A notary public who is not an attorney shall not claim to have powers, qualifications, rights, or privileges that the office of notary public does not provide, including the power to counsel on immigration matters. (5) A notary public who is not an attorney and who advertises notarial services in a language other than English shall include in any advertisement, notice, letterhead, or sign a statement prominently displayed in the same language as follows: "I am not an attorney and have no authority to give advice on immigration or other legal matters".
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at nebraskalegislature.gov
Nevada Revised Statutes, Chapter 240: NOTARIES PUBLIC AND COMMISSIONED ABSTRACTERS
§ 240.085Advertisements in language other than English to contain notice if notary public is not an attorney; use of certain non-English terms in advertisements prohibited; penalties.In forcecited in 2 of our articles
1. Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form: 2. A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico,” “licenciado” or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign. 3. If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall: (a) Suspend the appointment of the notary public for not less than 1 year. (b) Revoke the appointment of the notary public for a third or subsequent offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at leg.state.nv.us
Also relied on in: Nevada Scam and Fraud Laws: Where to Report, Your Right to Sue (2026)
Tennessee Code Annotated
§ 8-16-202Prohibited representations or advertising.In force
A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal or expert on immigration matters unless the notary public is an accredited representative of an organization…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Texas Government Code
§ 406.017REPRESENTATION AS ATTORNEYIn force
(a) A person commits an offense if the person is a notary public and the person: (1) states or implies that the person is an attorney licensed to practice law in this state; (2) solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration or admission to the United States, United States citizenship, or related matters; (3) solicits or accepts compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or the United States; (4) uses the phrase "notario" or "notario publico" to advertise the services of a notary public, whether by signs, pamphlets, stationery, or other written communication or by radio or television; or (5) advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, if the person does not post or otherwise include with the advertisement a notice that complies with Subsection (b).
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Premium Assets, Inc. v. Lydia A. Garcia D/B/A Joe Lynn Dazzles and More and Lydia Ann Garcia (Texas Court of Appeals, 13th District 2015)“…as Attorney Tex. Gov. Code §406.017(D Residential Service Company Act…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Utah Code, Title 46: Notarization and Authentication of Documents, Electronic Signatures, and Legal Material
§ 46-1-11Prohibited acts -- Advertising.In force
(1) A nonattorney notary may not provide advice or counsel to another person concerning legal documents or legal proceedings, including immigration matters. (2) (a) (i) A nonattorney notary who advertises notarial services in any language other than English shall include in the advertisement a notice that the notary public is not an attorney. (ii) The notice under Subsection (2)(a)(i) must include the fees that a notary may charge pursuant to Section 46-1-12 and the following statement:"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE." (b) (i) The notice required by Subsection (2)(a) shall be in English and in the language of the advertisement and in letters of a conspicuous size. (ii) If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. (c) (i) Literal translation of the phrase "Notary Public" into any language other than English is prohibited if the literal translation implies that the notary is a licensed attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Code of Virginia, Title 47.1: Notaries and Out-of-State Commissioners
§ 47.1-15.1Additional prohibition on advertising; penaltiesIn force
A. A notary public shall not offer or provide legal advice on immigration or other legal matters, or represent any person in immigration proceedings, unless such notary public is authorized or licensed to practice law in the Commonwealth or is accredited pursuant to 8 C.F.R. § 292.2 to practice immigration law or represent persons in immigration proceedings. B. A notary public shall not assume, use, or advertise the title of "notario," "notario publico," or "licenciado," or a term in a language other than English that indicates in such language that the notary is authorized to provide legal advice or practice law, unless such notary public is authorized or licensed to practice law in the Commonwealth. C. Whenever the Attorney General has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of this section, the Attorney General may issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to a civil investigative demand issued pursuant to this section. D.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Revised Code of Washington
§ 19.154.060Prohibited practices—Assistance with immigration matters.In forcecited in 2 of our articles
(1) Persons, other than those licensed to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, are prohibited from engaging in the practice of law in an immigration matter for compensation. (2) Persons, other than those licensed to practice law in this state or otherwise permitted to practice law or represent others under federal law in an immigration matter, are prohibited from engaging in the following acts or practices, for compensation: (a) Advising or assisting another person in determining the person's legal or illegal status for the purpose of an immigration matter; (b) Selecting or assisting another in selecting, or advising another as to his or her answers on, a government agency form or document in an immigration matter; (c) Selecting or assisting another in selecting, or advising another in selecting, a benefit, visa, or program to apply for in an immigration matter; (d) Soliciting to prepare documents for, or otherwise representing the interests of, another in a judicial or administrative proceeding in an immigration matter; (e) Explaining, advising, or otherwise interpreting the meaning…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at app.leg.wa.gov
Also relied on in: Washington Scam and Fraud Laws: Reporting and Your Right to Sue (2026)
Wisconsin Statutes, Chapter 140: Notaries Public; Notarial Acts
§ 140.02Notaries.In force
(1) Notaries public who are not attorneys. (a) The department shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the department and pay a $20 fee. (b) The department shall satisfy itself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record. (c) If an application is rejected the fee shall be returned. (d) Qualified applicants shall be notified by the department to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the department. (e) The qualified applicant shall file his or her signature, post-office address, and an impression or imprint on a tangible record of his or her official stamp, with the department.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
West Virginia Code
§ 39-4-23Prohibited acts.In force
(a) A commission as a notary public does not authorize an individual to: (1) Assist persons in drafting legal records, give legal advice or otherwise practice law; (2) Act as an immigration consultant or an expert on immigration matters; (3) Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or (4) Receive compensation for performing any of the activities listed in this subsection. (b) A notary public may not engage in false or deceptive advertising. (c) A notary public, other than an attorney licensed to practice law in this state, may not use the term “notario” or “notario publico”. (d) A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Code of Federal Regulations Title 8
§ 1292.1Representation of others.In forcecited in 4 of our articles
(a) A person entitled to representation may be represented by any of the following: (1) Attorneys in the United States. Any attorney as defined in § 1001.1(f) of this chapter and who, once the registration requirements in paragraph (f) of this section have taken effect, is registered to practice with the Executive Office for Immigration Review. (2) Law students and law graduates not yet admitted to the bar. A law student who is enrolled in an accredited U.S. law school, or a graduate of an accredited U.S.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Franco-Gonzales v. Holder (District Court, C.D. California 2011, 828 F. Supp. 2d 1133)“…and law graduates supervised by attorneys, as set forth in 8 C.F.R. § 1292.1 , may act as Qualified Representatives…”
- Gadda v. Ashcroft (Court of Appeals for the Ninth Circuit 2004, 377 F.3d 934)“…ing, or otherwise restricting him in the practice of law.” 8 C.F.R. §§ 1292.1 (a)(1) & (e), 1001.1(f). Beyond merel…”
- Hernandez v. Mukasey (Court of Appeals for the Ninth Circuit 2008)“…iduals in removal proceedings. 3 See 8 C.F.R. § 1292.1 (a)(3)(iv). In sum, non-attorney immigr…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can I Sue a Scammer? When a Lawyer Actually Helps After a Scam, Immigrant Rights in the U.S.: Know-Your-Rights Guides (2026), Your Right to an Interpreter in U.S. Immigration Court (2026)
§ 292.1Representation of others.In forcecited in 2 of our articles
(a) A person entitled to representation may be represented by any of the following, subject to the limitations in 8 CFR 103.2(a)(3): (1) Attorneys in the United States. Any attorney as defined in8 CFR 1.2. (2) Law students and law graduates not yet admitted to the bar. A law student who is enrolled in an accredited U.S. law school, or a graduate of an accredited U.S. law school who is not yet admitted to the bar, provided that: (i) He or she is appearing at the request of the person entitled to representation; (ii) In the case of a law student, he or she has filed a statement that he or she is participating, under the direct supervision of a faculty member, licensed attorney, or accredited representative, in a legal aid program or clinic conducted by a law school or non-profit organization, and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; (iii) In the case of a law graduate, he or she has filed a statement that he or she is appearing under the supervision of a licensed attorney or accredited representative and that he or she is appearing without direct or indirect remuneration from the alien he or she represents; and (iv)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 43 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Maria Ramirez v. Immigration & Naturalization Service (Court of Appeals for the Ninth Circuit 1977, 550 F.2d 560)“…nother in deportation proceedings are presently covered by 8 C.F.R. § 292.1 (amended 1975). 1 Under t…”
- In Re: Queen's University at Kingston (Court of Appeals for the Federal Circuit 2016, 820 F.3d 1287)“…3 U.S. at 388, 396– 400; 5 U.S.C. § 555. For example, under 8 C.F.R. § 292.1, certain categories of non-lawyers are…”
- Canaveral Toban v. Ashcroft (Court of Appeals for the First Circuit 2004, 385 F.3d 40)“…ens in immigration proceedings under certain circumstances. 8 C.F.R. § 292.1. However, "Tony" was probably ineligible…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- 8 CFR 1292.1 (Representation of others before EOIR and DHS)(ecfr.gov).gov
- 8 CFR 292.1 (Representation of others before DHS)(ecfr.gov).gov
- Nev. Rev. Stat. § 240A.240 (document preparation services)(leg.state.nv.us).gov
- USCIS: Avoid Scams(uscis.gov).gov
- USCIS: Legal Services(uscis.gov).gov
- USCIS: Report Immigration Scams(uscis.gov).gov
- EOIR: Fraud and Abuse Prevention Program(justice.gov).gov
- EOIR: Filing a Complaint with the Fraud and Abuse Prevention Program(justice.gov).gov
- EOIR: Attorney Discipline Program(justice.gov).gov
- EOIR: Form EOIR-44 (English)(justice.gov).gov
- EOIR: Form EOIR-44 (Spanish)(justice.gov).gov
- EOIR: Recognition and Accreditation Roster Reports(justice.gov).gov
- EOIR: List of Currently Disciplined Practitioners(justice.gov).gov
- EOIR: List of Pro Bono Legal Service Providers(justice.gov).gov
- FTC: Scams Against Immigrants(consumer.ftc.gov).gov
- FTC: ReportFraud.ftc.gov(reportfraud.ftc.gov).gov
- USA.gov: State consumer protection offices(usa.gov).gov
- Haw. Rev. Stat. § 605-14 (unauthorized practice of law)(capitol.hawaii.gov).gov
- Cal. Bus. & Prof. Code § 22443.1 (immigration consultant bond)(leginfo.legislature.ca.gov).gov
- Ariz. Rev. Stat. §§ 12-2701, 12-2703 (Arizona)(azleg.gov).gov
- § 41-273(C) (Arizona)(azleg.gov).gov
- Ark. Code §§ 4-109-102, 4-109-103 (Arkansas)(law.justia.com)
- Cal. Bus. & Prof. Code §§ 22440-22449 (California)(leginfo.legislature.ca.gov).gov
- Cal. Gov. Code § 8219.5(c) (California)(leginfo.legislature.ca.gov).gov
- Colo. Rev. Stat. § 6-1-727(3)(c) (Colorado)(olls.info).gov
- Conn. Gen. Stat. § 3-95a (Connecticut)(cga.ct.gov).gov
- Del. Code tit. 29, § 4336 (Delaware)(delcode.delaware.gov).gov
- D.C. Code § 28-5302 (District of Columbia)(code.dccouncil.gov).gov
- § 1-1231.25(c) (District of Columbia)(code.dccouncil.gov).gov
- Fla. Stat. § 117.05(11) (Florida)(leg.state.fl.us).gov
- O.C.G.A. § 43-20A-4 (Georgia)(law.justia.com)
- § 45-17-8.2 (Georgia)(law.justia.com)
- Idaho Code § 51-125 (Idaho)(legislature.idaho.gov).gov
- 815 ILCS 505/2AA (Illinois)(ilga.gov).gov
- 5 ILCS 312/3-103 (Illinois)(ilga.gov).gov
- Ind. Code §§ 33-42-13-3(c), 33-42-13-4 (Indiana)(iga.in.gov).gov
- Iowa Code § 9B.25 (Iowa)(legis.iowa.gov).gov
- K.S.A. 53-5a25(f), (i), (j) (Kansas)(ksrevisor.gov).gov
- Me. Rev. Stat. tit. 4, § 1926(3) (Maine)(legislature.maine.gov).gov
- Md. Code, Com. Law § 14-3303 (Maryland)(mgaleg.maryland.gov).gov
- Md. Code, State Gov't § 18-224(c) (Maryland)(mgaleg.maryland.gov).gov
- Mass. Gen. Laws c. 222, § 17(a)-(b) (Massachusetts)(malegislature.gov).gov
- Mich. Comp. Laws §§ 338.3451 et seq. (338.3467) (Michigan)(legislature.mi.gov).gov
- § 55.291(6) (Michigan)(legislature.mi.gov).gov
- Minn. Stat. § 325E.031 (Minnesota)(revisor.mn.gov).gov
- § 358.72, subd. 3 (Minnesota)(revisor.mn.gov).gov
- Mo. Rev. Stat. § 486.680(3) (Missouri)(revisor.mo.gov).gov
- Mont. Code Ann. § 1-5-625(1)(h) (Montana)(mca.legmt.gov).gov
- Neb. Rev. Stat. § 64-105.03(6) (Nebraska)(nebraskalegislature.gov).gov
- Nev. Rev. Stat. § 240.085 (Nevada)(law.justia.com)
- N.J. Stat. § 2C:21-31 (New Jersey)(law.justia.com)
- N.M. Stat. §§ 36-3-1 to 36-3-10 (New Mexico)(nmonesource.com).gov
- § 14-14A-24(C) (New Mexico)(nmonesource.com).gov
- N.Y. Gen. Bus. Law art. 28-C, § 460-d (New York)(law.justia.com)
- N.D. Cent. Code § 44-06.1-23(1), (3) (North Dakota)(ndlegis.gov).gov
- Ohio Rev. Code § 147.142 (Ohio)(law.justia.com)
- Okla. Stat. tit. 49, § 6(B) (Oklahoma)(oklegislature.gov).gov
- Or. Rev. Stat. § 9.280 (Oregon)(oregonlegislature.gov).gov
- § 194.350 (Oregon)(oregonlegislature.gov).gov
- 57 Pa. Cons. Stat. § 325 (Pennsylvania)(palegis.us).gov
- R.I. Gen. Laws § 42-30.1-18 (Rhode Island)(webserver.rilegislature.gov).gov
- S.C. Code § 40-83-30 (South Carolina)(scstatehouse.gov).gov
- § 26-1-90(L) (South Carolina)(scstatehouse.gov).gov
- Tenn. Code §§ 8-16-201, 8-16-202 (Tennessee)(law.justia.com)
- Tex. Gov't Code § 406.017 (Texas)(statutes.capitol.texas.gov).gov
- Utah Code §§ 13-49-201, 13-49-204 (Utah)(le.utah.gov).gov
- § 46-1-11(2)(c) (Utah)(le.utah.gov).gov
- Va. Code § 47.1-15.1 (Virginia)(law.lis.virginia.gov).gov
- RCW 19.154.060 (Washington)(app.leg.wa.gov).gov
- W. Va. Code § 39-4-23 (West Virginia)(code.wvlegislature.gov).gov
- Wis. Stat. § 140.02(1)(i)-(k) (Wisconsin)(docs.legis.wisconsin.gov).gov
- Wyo. Stat. § 32-3-123(d) (Wyoming)(wyoleg.gov).gov