Advisory: "Notario Fraid" and Why It Must Be Avoided
NJNA Community: NJNA is issuing this advisory to protect our members, the public we serve, and the integrity of the notarial office in New Jersey. What is Notario Fraud “Notario fraud” occurs when a non attorney represents, or implies, that they are authorized to provide legal services. This most commonly involves immigration related matters but is not limited to immigration. In the United States, a Notary Public is not an attorney and has no authority to provide legal advice, prepare legal documents, or offer services such as immigration assistance, document preparation, or legal representation. In many Latin American countries, a “notario público” is a licensed legal professional. That distinction does not exist in the United States. Confusion around this term is frequently exploited and can cause serious harm to the public. Why This Is Extremely Serious Engaging in, or appearing to engage in, notario fraud may constitute the Unauthorized Practice of Law under New Jersey statutes. Consequences can include criminal charges, civil penalties, loss of commission, and permanent damage to professional credibility. More importantly, these actions can cause severe harm to individuals who rely on incorrect or fraudulent guidance, including financial loss, denial of benefits, detention, or deportation in immigration related cases ImmigrationFraudHandbook. Even well intentioned actions cross the line when a notary provides anything beyond ministerial notarial acts. Examples of Prohibited Conduct Notaries in New Jersey must not: - Advertise or offer immigration services - Advertise or offer document preparation services beyond typing at the direction of the signer without advice - Give legal advice or explain legal options - Use titles or language that imply legal authority - Assist with forms in a way that influences content or legal outcome Public advertising, websites, flyers, and social media posts are often the first indicators regulators look at when identifying potential violations.