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.

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.

Why NJNA Is Addressing This Directly

As part of our education efforts, we are increasingly encountering public ads and websites that raise serious concerns. Even if no client engagement occurs, advertising alone can create risk and exposure. NJNA takes a firm position that these practices must be avoided entirely.

Protecting your commission means understanding where the line is and never approaching it.

What You Should Do

Review your advertising, website, and service descriptions carefully
Remove any language that could imply legal authority
Use the required New Jersey disclaimer when advertising
When in doubt, do not offer the service
Refer individuals to licensed attorneys or accredited representatives when legal help is needed

Attached Resources

We strongly encourage all members to review the attached official publications:

Avoiding Notario Fraud in New Jersey published by the New Jersey State Bar Foundation NF-English
Immigration Services Fraud Prevention Handbook from the New Jersey Division of Consumer Affairs These materials clearly outline what notario fraud looks like, why it is illegal, and how to protect both yourself and the public.

NJNA exists to support education, compliance, and professionalism. Avoiding notario fraud is not optional. It is a core responsibility of every New Jersey Notary Public.

TEXT OF THE LAW REGARDING THIS ISSUE:

NJ Rev Stat § 2C:21-31 (2013): Unauthorized Practice of Immigration Law; Penalties 1. a. As used in this section: (1) “Immigration consultant” means any person rendering services for a fee, including the completion of forms and applications, to another person in furtherance of that person’s desire to determine or modify his status in an immigration or naturalization matter under federal law. (2) “Immigration or naturalization matter” means any matter which involves any law, action, filing or proceeding related to a person’s immigration or citizenship status in the United States. (3) “Immigration-related document” means any birth certificate or marriage certificate; any document issued by the government of the United States, any foreign country, any state, or any other public entity relating to a person’s immigration or naturalization status. b. (1) Any immigration consultant not licensed as an attorney or counselor at law who engages in this State in the practice of law is guilty of a crime of the fourth degree. (2) Any immigration consultant not licensed as an attorney or counselor at law who holds himself out to the public, either alone or together with, by or through another person, whether such other person is licensed as an attorney or counselor at law or not, as engaging in or entitled to engage in the practice of law, or as rendering legal service or advice, or as furnishing attorneys or counsel, in any immigration or naturalization matter is guilty of a crime of the third degree. (3) Any immigration consultant not licensed as an attorney or counselor at law who assumes, uses, or advertises the title of lawyer or attorney at law, or equivalent terms, in the English language or any other language, is guilty of a crime of the third degree. c. Any person who knowingly retains possession of another person’s immigration-related document for more than a reasonable time after the person who owns the document has submitted a written request for the document’s return is guilty of a crime of the fourth degree. d. Nothing in this section shall be construed to prohibit a person accredited as a representative by federal law pursuant to 8 CFR 292.2 from providing immigration services. NJ Rev Stat § 2C:21-31.1 (2013): Civil actions resulting from unauthorized practice of immigration law. 4. a. Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of any action or inaction by a person who knowingly engaged in the unauthorized practice of law in violation of section 1 of C. 2C:21-31 may bring a civil action in any court of competent jurisdiction. b. In any civil action under this section the court shall, in addition to any other appropriate legal or equitable relief, award damages in an amount that constitutes the greater of: (1) $1,000, or (2) Three times the value of all costs incurred by the victim as a result of the defendant’s criminal activity, including any fees paid to the defendant for services, costs incurred for attorney’s fees, court costs and any out-of-pocket losses. c. The standard of proof in civil actions brought under this section is a preponderance of the evidence, and the fact that a prosecution for a violation of C. 2C:21-31 is not instituted or, where instituted, terminates without a conviction shall not preclude a civil action pursuant to this section. A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section. d. A civil action under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.

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