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Who is actually allowed to give you immigration advice
Only two kinds of people may represent you before USCIS: an attorney, or an accredited representative at a Department of Justice recognised organisation. A consultant or a notario is neither — and you may not need anybody at all.
You may not need anybody
USCIS says it directly: you do not need a representative to file forms with USCIS, and you may file by yourself and represent yourself. That sentence is worth reading twice, because a great deal of money changes hands on the unstated assumption that a form cannot be filed without help. Where a case is genuinely complicated, help is worth paying for — but it is a choice, not a requirement.
Source: USCIS — Avoid Scams · in effect from 2023-01-01
The only two kinds of people who may represent you
An attorney, or an accredited representative working for an organisation recognised by the Department of Justice. Certain law students and law graduates may also act under supervision. That is the whole list. Anyone else may type your form for you, but they may not advise you on your case and they cannot represent you before USCIS.
Source: USCIS — Avoid Scams · in effect from 2023-01-01
Why 'notario' is the dangerous word
USCIS calls this out specifically. In many Spanish-speaking countries a notario público is a lawyer with special legal credentials. In the United States a notary public is not authorised to provide any legal service related to immigration. The word carries authority it does not have here, and the same trap exists in other communities under other titles — consultant, adviser, agent, visa expert. The title is not the qualification.
Source: USCIS — Avoid Scams · in effect from 2023-01-01
What has not changed
The rules about representation are long-standing, and free and low-cost legal help has always existed. The Department of Justice publishes lists of attorneys who provide immigration services free or at low cost in each state, and USCIS points to them from its own Legal Services page. Using one of those is not a lesser option than paying a consultant; it is the option with an actual qualification attached.
Source: USCIS — Avoid Scams · in effect from 2023-01-01
How to check before you pay
- Ask directly whether they are an attorney or a DOJ-accredited representative, and ask which organisation accredits them.\n- Check the Department of Justice's Executive Office for Immigration Review list of attorneys and accredited representatives for your state — the same list USCIS points to for free and low-cost help.\n- Ask for a written agreement saying what they will do and what it costs, before any money moves.\n- Keep every original document. You should never have to hand over your passport to a consultant.\n- Ask for copies of everything filed on your behalf, and check the form was signed by you rather than for you.
Source: USCIS — Avoid Scams · in effect from 2023-01-01
Where people get caught
The most expensive mistake is paying somebody who then files something wrong in your name — because the filing is yours, and so are its consequences, whoever typed it. Signing a blank or English-only form you have not read is how that happens. Guaranteed outcomes are a second signal: nobody can promise an approval, and anybody who does is either lying or intending to lie on your form. And a consultant who tells you not to keep copies, or who keeps your original documents, has arranged things so that you cannot check what was done.
Source: USCIS — Avoid Scams · in effect from 2023-01-01
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Frequently asked questions
- Can a notary public help with my immigration case?
- No. USCIS states a notario público is not authorized to provide any legal services related to immigration. Only an attorney or an accredited representative at a DOJ-recognised organisation may advise and represent you.
- Do I have to hire somebody to file a form?
- No. USCIS states you do not need a representative to file forms and may represent yourself before USCIS.
- Where do I find help I can afford?
- The Department of Justice's Executive Office for Immigration Review publishes a list of attorneys in each state providing immigration services free or at low cost, which USCIS links from its Legal Services page.