“The Do’s and Don’ts of Notarizing Immigration Documents: Understanding a Notary’s Role”

The role of notaries in the U.S. is strictly limited when it comes to immigration matters, as immigration law is highly regulated and outside the scope of a notary’s authority. Here’s an overview of what notaries can and cannot do in these situations:

What Notaries Can Do:

1. Authenticate Signatures on Immigration Documents: Notaries can notarize the signatures on immigration-related forms, such as affidavits or applications, as long as the notarial act complies with state laws. For example, a notary may administer oaths or affirmations for affidavits of support or verify identity for signed applications.
2. Provide General Notarial Services: Notaries can perform notarial acts unrelated to immigration law, such as acknowledgments or jurats, as long as the individual provides the proper documents and identification.
3. Refer to Qualified Legal Professionals: Notaries can refer individuals to immigration attorneys or accredited representatives who are authorized to provide legal advice.
4. Act as a Translator or Prepare Certified Translation: If allowed by stated law and they are qualified, notaries may assist with translation documents. However, this should be done separately from their role as a notary.

What Notaries Cannot Do:

1. Provide Legal Advice: Notaries Cannot advise individuals on immigration matters, including how to obtain legal status or complete immigration forms, unless they are also licensed attorneys or accredited by the Department of Justice.
2. Assist with Completing Immigration Forms: Unless specifically authorized, notaries cannot help immigrants fill out forms like the N-400 for naturalization of I-485 for a green card.
3. Impersonate Immigration Authorities: In some countries, the title “notario publico” implies legal expertise, but in the U.S., notaries cannot use this title to imply they have legal authority over immigration matters.
4. Guarantee Results: Notaries cannot promise or guarantee outcomes, such as ensuring someone’s citizenship or legal status.

Potential Conflict of Importance of Notaries:

• Conflict: If a notary provides unauthorized legal advice or oversteps their role, they could face severe legal penalties, including fines, revocation of their commission, and even criminal charges. This is especially problematic in immigrant communities where individuals may mistakenly view notaries as legal advisors.
• Importance: Notaries serve as vital impartial witnesses in the immigration process. By adhering to their legal duties, notaries can help prevent fraud, protect vulnerable individuals from exploitation, and ensure the authenticity of signed documents used in immigration applications.

Remaining knowledgeable about state and federal laws surrounding notarial duties and immigration is critical to staying within your professional boundaries. If immigration-related services are of interest, seeking DOJ accreditation may allow you to expand your services legally and ethically.

By understanding the limits of their authority and adhering to legal and ethical standards, notaries can provide invaluable support to clients while safeguarding their professional integrity.