Notary FAQs

The National Notary Association provides this information as a public service to consumers, immigrants, and others who depend on notaries to lend trust to their document transactions. As an advocate for sound Notary laws, the NNA supports the federal government's major initiative to combat abuses of consumers and immigrants.

What is a Notary Public? 

A Notary Public is a responsible person appointed by the state government to authenticate the signing of important documents and administer oaths. 

Are Notaries and 'Notarios' the same?

It's easy to see the similarities between both terms, Notary and Notario, but the roles these professionals perform differ dramatically. Unethical individuals will exploit the confusion of these terms to take advantage of unsuspecting immigrants seeking help. By understanding the difference, you can help prevent Notario fraud.

• In Latin American countries, Notarios Publicos are highly trained legal professionals similar to the attorneys.
• Notarios working in those countries can lawfully provide legal advice and draft legal documents.
• In the United States, Notaries Public are state-commissioned officials authorized to perform a narrow set of duties.
• Unless the Notary is also an attorney, it is unlawful for a Notary to prepare legal documents or offer legal counsel.

How does a Notary Public differ from a  Notario Publico?

Though they sound similar, the roles and duties are very different. In Latin America, a Notario Publico is an attorney or a high-ranking official (such as a judge). In the United States, a Notary is forbidden from preparing legal documents or giving advice on immigration or other matters unless they are also an attorney. 

Why are documents notarized? 

To increase public trust in transactions and deter fraud, Notaries, as impartial witnesses, ensure that the signers of documents are who they say they are and that signers have entered into agreements knowingly and willingly. In a society in which business dealings between strangers are the norm, Notaries create a trustworthy environment where people can share important documents with complete confidence in their authenticity. 

May any document be notarized? 

For a document to be notarized, it must have  the following:  

• A language that commits the signer in some way. 
• An original signature by the document signer. 
• A notarial certificate may appear on the document or as an attachment.

Does the law require notarization? 

Yes, for many documents. However, documents like real estate deeds and certain affidavits are not legally binding unless they're correctly notarized. 

How does a Notary identify a signer? 

Generally, the Notary will ask to see a current form of identification with a photograph, physical description, and signature. A driver's license, military ID, or passport is usually acceptable. 

How much does a notarization cost? 

State law sets the fees, and they vary. The cost of notarization itself can range from 50 cents to $15, depending on your state. Additional fees, like travel fees, may apply for mobile notaries.

Does notarization mean a document is "true" or "legal"?

No. Notaries are not responsible for the accuracy or legality of documents they notarize. They certify the identity of the signers, who are responsible for the content of the papers. 

May a Notary give legal advice or draft legal documents? 

No. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless they are also an attorney. Violators can be fined or jailed for the unauthorized practice of law.

May a Notary notarize immigration forms? 

Only a few immigration forms, including the Affidavit of Support (I-134), will need notarization. 

May a Notary prepare or offer advice on immigration forms? 

U.S. Citizenship and Immigration Services (USCIS) regulations state that no one may help prepare or file another person's immigration papers unless they are an attorney or a U.S. Justice Department-approved "accredited representative." Nonattorneys may provide clerical, secretarial, or translating assistance with USCIS forms without giving advice or interpretation. Courts have held that even a non-attorney selection of which legal forms to complete can constitute the unauthorized practice of law. 

May a Notary refuse to serve people? 

Only if the Notary is uncertain about the signer's identity, willingness, or general competence or has a good reason to suspect fraud; otherwise, the notaries should not refuse to serve anyone because of race, religion, nationality, lifestyle, or because the person is not a client or customer. Discrimination on any basis is not a suitable policy for a public official. 

Where do I report illegal or improper acts by a Notary? 

Any wrongdoing or illegal activity should be reported to law enforcement or the appropriate state office that regulates Notaries, such as the secretary of state, governor, lieutenant governor, or attorney general.

What is an Immigration Form Specialist?

Simply put, an Immigration Forms Specialist (IFS) is someone who helps people complete immigration forms to enter and live in the United States.
Immigrants need help with many USCIS forms, like the I-485 (to become a permanent resident or "green card holder") and the N-400 (application for U.S. citizenship).
Filling out these official forms correctly requires fluency in English. Strong attention to detail is also needed to prepare the submission packages to meet the requirements of U.S. Citizenship and Immigration Services.

Who can be an Immigration Forms Specialist to help people with their immigration forms?

Anyone who meets state rules and requirements with the know-how may provide limited help with immigration forms. 

Are there other names for Immigration Forms Specialist?

Yes. State regulations vary, and so do the terms the states use. Here are the official terms recognized by the following states:

• California: Immigration Consultant
• Georgia: Immigration Assistance Provider
• Illinois: Immigration Assistance Service Provider
• Maryland: Immigration Consultant
• Michigan: Immigration Clerical Assistant
• Minnesota: Immigration Assistance Provider
• Nevada: Document Preparation Services Provider
• New York: Immigration Assistance Provider
• Utah: Immigration Consultant

What Immigration Forms Specialists can and can't do?

The primary IFS service is helping people complete immigration forms and prepare packages for submission to USCIS.

An IFS may perform additional services to complete a person's immigration documents thoroughly. These services may include translating the applicant's answers to questions on the forms and collecting required support documents, such as birth certificates.

An Immigration Forms Specialist is not allowed to perform services that an attorney or accredited representative would provide, such as explaining immigration options, giving advice about which immigration forms to use, or representing a client at an immigration hearing.

Are there other categories of immigration service providers?

Yes. The assistance immigrants need differs from person to person and family to family. To support the various needs, three types of people who can help: 

• Immigration Forms Specialists
• Accredited representatives
• Licensed attorneys

Federal and state laws dictate the type of services these providers can offer based on their qualifications.

How much demand is there for Immigration Forms Specialists?

The U.S. immigrant population is steadily growing, and many immigrants are unable to afford the services of an immigration attorney.

• According to the Pew Research Center, immigration has accounted for 29 percent of the U.S. population growth since 2000.
• The U.S. Census Bureau estimates that more than 40 million people in the United States were born in another country.
• Hundreds of thousands of people apply for naturalization each year. In 2013 alone, 772,623 immigrants filed to become U.S. citizens, according to the Office of Immigration Statistics.

Can anyone serve as an Immigration Forms Specialist?

According to the USCIS, anyone may provide limited, non-legal help with immigration forms and charge for those services. However, the states determine the required qualifications, including whether you need to be an attorney. Be sure to check your state's rules to find out if there are any limitations.

While anyone with the know-how may provide limited help with immigration forms, remember that training can help do the work professionally.

Can a Notary also serve as an Immigration Forms Specialists?

Yes, as long as you meet your state's requirements for both. State licensing and business rules may require you to post separate bonds, present specific signage, or use certain supplies to differentiate notarial services from immigration services.

Be aware that, as a Notary, you may be found guilty of engaging in the unauthorized practice of law if you provide immigration-related services and are not registered or licensed with your state to do such services. It can result in harsh penalties, including fees, a suspended commission, or even criminal charges.

What services can Immigration Forms Specialists provide?

An IFS may provide non-legal immigration services. Generally, these services do not require an attorney unless your state requires you to be an attorney to provide immigration consultation.

Examples of non-legal immigration services include:

• Helping people complete immigration forms and applications
• Translating a person's answers to questions on the immigration forms.
• Help someone collect supporting documents, such as birth certificates or other vital records that may be needed to complete immigration forms.
• Collecting support documents, such as birth certificates or other vital records, is required for the application.
• Submitting completed forms to immigration authorities on an applicant's behalf.
• Making referrals to attorneys to provide legal representation in an immigration matter.

Understanding that sometimes people may need services that only an attorney or an accredited representative can provide can help a notary avoid the unauthorized practice of law.

What's off-limits for Immigration Forms Specialists?

• Advising clients on how to get a work permit, visa, or other immigration status matters.
• Advising or selecting particular forms for a client in an immigration matter or withholding documents from a client.
• Advising clients on answers to put on an immigration form.
• Advising clients on statutes and immigration benefits that may be available.
• Advising clients on legal remedies that might be available to them during the immigration process.
• Representing clients before a government agency or an immigration court unless the IFS is also an attorney or an accredited representative.
• Making promises to secure benefits in an immigration matter if the IFS does not have a firm basis for making the promise.
• Advertising terms in Spanish using "Notario" or "Notario Publico" may lead clients to believe you are authorized to practice law.
• In some states, advertising Notary services if you hold a Notary commission.
• In some states, Notary claims to have rights, powers, qualifications, or privileges that the office of Notary Public does not provide, including the power to counsel on immigration matters.
• In some states, using terms like "immigration consultant," "immigration specialist," or other descriptions in advertising conveys that you have expertise in immigration matters.
• In some states, charging more than the fees authorized by law.
• Making false or misleading statements to a client.
• Making any statement that you can or will obtain special favors.

What business practices should Immigration Forms Specialists follow?

• Provide clients with a clear written contract stating the services to be rendered, the documents to be prepared, and the fees to be charged.
• Provide written notices in their place of business that comply with state law. Any notices required by state law should be provided in English and the client's language.
• Properly handle funds and payments from a client's account.
• Promptly return all original documents a client has provided to support the client's application.
• Retain the client's entire file for the time frame required by state law.

The National Notary Association