The unauthorized practice of immigration law, more commonly known as notario fraud, is the subject of the New Jersey State Bar Foundation’s (NJSBF) latest publication, Avoiding Notario Fraud in New Jersey.
The fraud is of particular concern for immigrants who are using United States Citizens and Immigration Services and who seek the services of people who call themselves notary publics, or notarios.
In the U.S., notary publics are recognized as individuals who can verify a signature, “but in some countries, a notary holds a higher position than even a lawyer. As a result, folks trust those individuals here in the U.S. when they shouldn’t. They don’t have the authority to complete the projects that they are asking them to complete, such as working on legal documents or providing legal advice,” said Michael Noriega, a former chair of the New Jersey State Bar Association Immigration Law Section and a partner at Bramnick, Rodriguez, Grabas, Arnold & Mangan in Scotch Plains, who contributed to the publication.
“Folks are being taken advantage of by members of their community based on a misapprehension of a title that doesn’t exist in the U.S., and under the auspices of helping their fellow countrymen,” he said.
Noriega said some of the government documents the notarios fill out seem simple and self-explanatory, “when they are far from it.” And when the immigrants apply for certain benefits that they do not qualify for, “they risk being deported and being removed from this country as a result.”
Avoiding Notario Fraud in New Jersey was written by Lauren Herman, an attorney with Make the Road New Jersey, an immigrant advocacy organization, with contributions by Noriega and retired Superior Court Judge Daniel D’Alessando. The booklet explains what notario fraud is and outlines the New Jersey laws that protect against it, what can be done if an individual finds themselves a victim of notario fraud, as well as the steps to take to avoid becoming a victim.
Free hard copies of Avoiding Notario Fraud in New Jersey, which contain the English and Spanish versions in one publication, can be ordered on the NJSBF website or downloaded from the NJSBF website under the publications tab.