Notaries or ‘notarios’ — it makes difference
http://www.news-press.com/apps/pbcs.dll/article?AID=200770212048
Ten years ago, Fernando Ochoa met a notary in Bonita Springs who promised to arrange political asylum for the Mexican immigrant in exchange for $350.
Ochoa later found out the notary had no legal powers, and he was deported after filing the fraudulent immigration papers.
Had he consulted a lawyer, he would’ve learned Mexicans do not qualify for political asylum. But Ochoa, like a rising number of immigrants across the United States, was scammed by a notary public claiming to have the authority of a lawyer.
“We came to live here with the best intentions, under the laws,” said Ochoa, a San Carlos Park resident who is now in the country legally. “But we met someone with bad intentions who wanted to take our money.”
In Latin America, lawyers can serve as notary publics, or notarios publicos in Spanish. In the United States, a notary public is not a lawyer and cannot give legal advice. Notarios can only administer oaths and witness signatures.
The difference has cost immigrants hundreds, and in many cases thousands, of dollars in lost fees to people who promise services they can’t provide.
“Those notarios, they have no idea of the legal consequences, and they don’t care,” said Ricardo Skerrett, a Fort Myers immigration attorney. “They take money from
these people. Since they’re not attorneys and dealing with people who are probably of a low education background or people here illegally, they use the scare factor.”
Skerrett’s most recent dealing with someone scammed by a notary occurred last week. A former client told Skerrett of a local notary who had taken $10,000. The notary promised that an immigration judge who was a friend would approve the applications for her to stay in the United States.
The client told Skerrett many more people were scammed, but none was willing to come forward.
The notaries rarely face prosecution, in part, because the victims are often in this country illegally and are afraid to come forward.
Charles Kuck, vice president of the American Immigration Lawyers Association, said there have been tens of thousands of cases nationwide in which notaries passed themselves off as lawyers.
And the problem affects more than just the immigrants who are scammed. Fraudulent and incorrect documents filed by notaries in immigration court add up to “an unbelievable waste of taxpayer money,” Kuck said.
“It makes it harder for judges to wade through the real asylum cases when you’ve got to wade through so much garbage,” Kuck said. “Instead of 200 applications they have 2,000.”
The constant threat of scams is the reason people will wait hours for a seat in Antonia Perez’s small office at the Flamingo Island Flea Market in Bonita Springs.
Hundreds of immigrants from Lee and Collier counties have come to trust Perez, who offers legitimate notary services.
“What is a notary? A witness, nothing more,” said Perez, a Puerto Rican native who has lived in Estero since 1981.
She said poverty and fear of the U.S. government sometimes lead immigrants to dishonest notaries. Sometimes, the notaries don’t even know they’re being dishonest.
“They themselves sometimes don’t understand the law,” Perez said.
Because of this, notaries shouldn’t take all the blame, she said.
“People need to learn the law. If they don’t understand something, call the government. That’s not illegal,” Perez said.
Kuck said any federal immigration reform that offers some type of amnesty to illegal immigrants will make the problem worse if action is not first taken against notaries who prey on immigrants.
Otherwise, notaries are “going to be falling from the trees trying to rip people off,” Kuck said.
— The Associated Press contributed to this report.
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NOTARY PUBLIC
• What is a notary public?
A public servant appointed by state government to witness the signing of important documents and administer oaths.
• Why are documents notarized?
Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness, the notary, identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.
• Does notarization make a document “true” or “legal”?
No. A notarization typically means the signer acknowledged to the notary that he or she signed the document or vouched under oath or affirmation that the contents of the document were true.
• May a notary give legal advice or prepare legal documents?
A notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law. A notary cannot answer legal questions or provide advice about your particular document.
• May a notary prepare or notarize immigration papers?
Only a few immigration forms must be notarized, such as the Affidavit of Support (1-134, I-864). U.S. immigration regulations state that no one may prepare or file another person’s immigration papers unless he or she is an attorney or a U.S. Department of Justice-approved “accredited representative.”
Notaries may provide clerical, secretarial or translating assistance with immigration forms as long as they don’t provide legal advice, and then may notarize these forms.
• Is a notary the same as a notario publico?
No. In Latin American countries, the notario publico is a high-ranking official with considerable legal skills and training. Unlike the U.S. notary, the notario publico drafts documents, provides legal advice, settles disputes and archives documents.
• Where can I report unethical or unprofessional notaries?
Any wrongdoing or illegal activity should be reported to law enforcement and the appropriate notary-regulating state official (typically the secretary of state, governor, lieutenant governor or attorney general).
