Updated 9-18-18. To curb immigration-related fraud, many states have laws in place strictly regulating how Notaries and immigration consultants may advertise and provide their services. Below are some examples of state-specific statutes affecting Notaries and immigration policy. Information on other states is available through the NNA’s Notary Law Updates database by entering “notario” or “immigration” in the search field.
ARIZONA: Nonattorney Notaries who advertise in a foreign language must post a notice in both English and the foreign language that the Notary is not an attorney. Notaries who are not attorneys are prohibited from the unauthorized practice of immigration and nationality law for pay (ARS 41-329). Some examples of unauthorized practice of immigration law include providing unauthorized legal advice on immigration matters or representing a client in an immigration proceeding without proper authorization (ARS 12-2701). Notaries may have their commissions revoked or suspended for advertising that misleads customers about the Notary’s duties and authority (ARS 41-330[A][5]).
CALIFORNIA: No person who advertises as an immigration expert or counselor is permitted to also advertise as a Notary Public (GC 8223[a]). A nonattorney Notary who advertises in a foreign language must post disclaimers in English and the foreign language stating the Notary is not an attorney and may not give legal advice, along with a schedule of the fees the Notary is allowed to charge by law. They are also prohibited from using the Spanish term “Notario Publico” or “Notario” in writing or orally (GC 8219.5[a] and [c]). A nonattorney Notary must be registered and bonded as an immigration consultant in order to enter information provided by a client on immigration forms (GC 8223[b] and [c]).
FLORIDA: Nonattorney Notaries who advertise in a foreign language must post a notice in both English and the foreign language that the Notary is not an attorney and may not translate “Notary Public” literally in foreign language advertising (FS 117.05[10]-[11]).
NEW YORK: Nonattorney Notaries who advertise in a foreign language must post a notice in both English and the other language that the Notary is not an attorney. Nonattorney Notaries may not use advertising that states or implies the Notary is an attorney (EL 135-b).
TEXAS: Nonattorney Notaries who advertise in a foreign language must post a notice in both English and the foreign language that the Notary is not an attorney. Nonattorney Notaries may not use the term “Notario” or “Notario Publico” in advertising (GC 406.17) and may not advertise as immigration consultants or immigration service providers (1 TAC 87.11).
David Thun is an Associate Editor at the National Notary Association.