This page is general information, not legal advice. It summarizes what USCIS, the US Justice Department and two Guatemalan sources publish about notarios and immigration help. Before you act on your own case, confirm it with a licensed US attorney or a Justice Department accredited representative (how to check both is below).
The same word means two different jobs. USCIS says that in many Spanish-speaking nations, notarios are attorneys with special legal credentials. In the United States, USCIS says, notaries public are not authorized to provide legal services; they are authorized by state governments to witness the signing of important documents and to administer oaths. This page sets out who USCIS says may legally advise you on immigration, how to check them, and where to report a scam.
Quick summary: USCIS says a notario público is not authorized to provide any legal services related to immigration. On its Common Scams page, USCIS says only an attorney or an accredited representative working for a Justice Department recognized organization can give you legal advice and represent you. Its Find Legal Services page says foreign attorneys can represent you only in matters outside the United States. You may also file USCIS forms yourself. Check an attorney with their state bar; check an accredited representative on the EOIR Recognition and Accreditation roster. USCIS says its forms are free, and it does not accept Western Union, MoneyGram, PayPal, Venmo or gift cards. Report scams to your state consumer protection office, the local police if you lost money, and the Federal Trade Commission. USCIS says reporting will not affect your own application or petition. Sources fetched 15 October 2026.
What USCIS says about notarios
On its Common Scams page, USCIS states it plainly: “A notario público is not authorized to provide you with any legal services related to immigration”. It continues: “Only an attorney or an accredited representative working for a Department of Justice recognized organization can give you legal advice and represent you in your immigration case”.
USCIS also points to the difference in meaning between countries. It says that in many Spanish-speaking nations notarios are attorneys with special legal credentials, but “In the United States, however, notary publics are not authorized to provide legal services”. Instead, USCIS says, “they are authorized by state governments to witness the signing of important documents and to administer oaths”.
USCIS’s Find Legal Services page repeats the point: “In the United States, notary publics are not attorneys and cannot represent you in legal matters, including immigration cases”.
Who can and cannot help you
USCIS’s Find Legal Services page sets out categories of people who may represent you before USCIS. The categories it lists include:
| Who | May represent you before USCIS? | What USCIS requires |
|---|---|---|
| US attorney | Yes | Member in good standing of the bar of a US state or territory or the District of Columbia; not disbarred or otherwise restricted in the practice of law; eligible to practise law in the US |
| Accredited representative | Yes | Accredited under the Justice Department’s Executive Office for Immigration Review (EOIR) and working for an organization on the Justice Department’s list of recognized organizations |
| Foreign attorney (for example, one licensed in Guatemala) | Only for matters outside the United States | Licensed and in good standing in a court of general jurisdiction of the country where the matter is occurring, resides in that country and practises law there |
| Notary public or notario in the US | No | USCIS says they are not attorneys and cannot represent you |
| You | Yes | USCIS says: “You may file forms by yourself and represent yourself before USCIS” |
For the complete list of categories and their conditions, read the USCIS Find Legal Services page.
USCIS says a representative files a notice of entry of appearance, Form G-28 or Form G-28I, to represent you before USCIS.
The Justice Department’s EOIR adds the legal basis for non-attorney representatives: federal regulations at 8 C.F.R. § 1292.1(a)(4) allow accredited representatives to represent people before the Department of Homeland Security and EOIR, which includes the immigration courts and the Board of Immigration Appeals. EOIR also says “Accredited Representatives may only provide immigration legal services through Recognized Organizations” and “Only non-profit, federally tax-exempt entities may apply to be recognized”.
What a real representative is allowed to do
USCIS says a representative is allowed to:
- advise you which forms to file for an immigration benefit and when to file them;
- advise you on the correct documents and evidence to submit;
- explain the immigration options you may have;
- help you fill out USCIS forms;
- receive certain correspondence on your behalf, if they have a US business address;
- accompany you to USCIS interviews and other appointments.
A notario público offering these services is, in USCIS’s words on its Common Scams page, not authorized to provide you with any legal services related to immigration.
How to verify someone before you pay or sign
- Ask which category they belong to. For example, attorney or accredited representative. If the answer is notario, USCIS says a notary public in the United States is not an attorney and cannot represent you in legal matters, including immigration cases.
- If they say they are an attorney, check the state bar. USCIS says the American Bar Association provides information about attorneys by state, and that you can check with their state bar association whether they have been disciplined or are disbarred.
- Check the EOIR disciplined list. The Justice Department’s EOIR publishes a list of currently disciplined practitioners; the page showed Updated October 8, 2026 when we fetched it.
- If they say they are an accredited representative, check the EOIR roster. USCIS points you to EOIR’s Recognition and Accreditation (R&A) Program, where the Accredited Representative Roster is. EOIR’s roster reports page links a Recognized Organizations List, an Accredited Representatives List and a list of organizations and representatives by state (all PDF). Confirm both the person and the organization they work for, since EOIR says accredited representatives may only provide immigration legal services through recognized organizations.
- Keep a paper trail. USCIS says to ask for receipts, copies of notices and letters from USCIS, and copies of forms prepared for you, and to keep them in a safe place.
- Read before you sign. USCIS says not to sign a blank form, to review all forms and make sure they are complete before signing, and not to sign any form that has false information.
Red flags USCIS lists
| Red flag | What USCIS says |
|---|---|
| Charging you for a form | USCIS says not to pay for immigration forms; they are free and available to everyone on its website |
| Asking you to send money to a person | USCIS says it will never ask you to transfer money to an individual |
| Wire services, apps or gift cards | “We do not accept Western Union, MoneyGram, PayPal, Venmo, or gift cards as payment for immigration fees” |
| Fees by phone or email | USCIS says it will never ask you to pay fees to a person on the phone or by email; some fees can be paid online, but only through your USCIS online account and Pay.gov |
| Special connections or guarantees | USCIS warns about businesses that claim special connections or guarantee a faster visa, Green Card or work permit for a fee, and says “only USCIS can determine whether to expedite processing” |
| Emails not from a government address | USCIS says email addresses from the US government always end in .gov, and to always check the sender |
How to report notario fraud
USCIS’s Report Immigration Scams page says: “Reporting scams will not affect your immigration application or petition”. The same page says that in many states you can report a scam anonymously.
| Where to report | When, according to USCIS |
|---|---|
| Your state consumer protection office | Report the scam there; the USCIS page has a table of state-specific contacts |
| Your local police | If you lost money or other possessions in a scam |
| Federal Trade Commission | USCIS says “You can always report scams to the Federal Trade Commission” |
| uscis.webmaster@uscis.dhs.gov | To report a website or social media account that claims to be affiliated with USCIS |
We do not reproduce the state rows here; use the table on the USCIS report page for your state.
The Guatemala angle: same word, different job
In Guatemala, the Código de Notariado gives the notario fe pública. Article 1 of the Código de Notariado (Decreto 314, Organismo Judicial CENADOJ edition updated to 30 April 2014) says: “El Notario tiene fe pública para hacer constar y autorizar actos y contratos en que intervenga por disposición de la ley o a requerimiento de parte”. In plain English, the Guatemalan notario has public faith to certify and authorize acts and contracts.
Article 2 sets requirements to practise: among them, being Guatemalan by birth, of age and domiciled in the Republic; holding a university professional degree (título facultativo) obtained in Guatemala or incorporated by law; “Haber registrado en la Corte Suprema de Justicia el título facultativo o de incorporación”, together with the signature and seal the notario will use; and being of known honesty.
Lawyers and notaries in Guatemala also share one professional body, the Colegio de Abogados y Notarios de Guatemala (CANG). Its registration page refers to documents required “para los profesionales que se inscriben en el Libro de Registro de Abogados y Notarios”.
| Notario in Guatemala | Notary public in the US | |
|---|---|---|
| What the role is | Fe pública to certify and authorize acts and contracts (Código de Notariado, Art. 1) | Authorized by state governments to witness the signing of important documents and administer oaths (USCIS) |
| Registration | Title registered with the Corte Suprema de Justicia (Art. 2); one register of abogados y notarios at CANG | Not covered by our sources |
| Can represent you in a US immigration matter? | Only if the person meets USCIS’s foreign-attorney requirements, and then only in matters outside the United States (USCIS Find Legal Services) | No; USCIS says notary publics in the US are not attorneys and cannot represent you |
So a Guatemalan abogado y notario can be the professional to look for when paperwork has to be done in Guatemala (see our guide to hiring a lawyer in Guatemala from the USA). For a case before USCIS inside the United States, USCIS lets a foreign attorney represent you only in matters outside the United States.
Related
- I-601A provisional waiver for Guatemalans
- DACA renewal for Guatemalans
- TPS for Guatemalans
- Hiring a lawyer in Guatemala from the USA
- Find your Guatemalan consulate
- All diaspora guides
Sources
- USCIS, Common Scams: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/common-scams (fetched 15 October 2026; page shows Last Reviewed/Updated 08/04/2026)
- USCIS, Estafas comunes (Spanish): https://www.uscis.gov/es/fraude-estafas-y-fallas-en-el-desempeno/evite-las-estafas-de-inmigracion/estafas-comunes (fetched 15 October 2026)
- USCIS, Find Legal Services: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/find-legal-services (fetched 15 October 2026; page shows Last Reviewed/Updated 08/04/2026)
- USCIS, Report Immigration Scams: https://www.uscis.gov/scams-fraud-and-misconduct/avoid-scams/report-immigration-scams (fetched 15 October 2026)
- US Department of Justice, EOIR Recognition and Accreditation Program: https://www.justice.gov/eoir/recognition-and-accreditation-program (fetched 15 October 2026; page shows Updated April 29, 2026)
- US Department of Justice, EOIR R&A Roster Reports: https://www.justice.gov/eoir/recognition-accreditation-roster-reports (fetched 15 October 2026; page shows Updated April 28, 2025)
- US Department of Justice, EOIR List of Currently Disciplined Practitioners: https://www.justice.gov/eoir/list-of-currently-disciplined-practitioners (fetched 15 October 2026; page shows Updated October 8, 2026)
- Organismo Judicial de Guatemala (CENADOJ), Código de Notariado, Decreto 314: http://ww2.oj.gob.gt/es/QueEsOJ/EstructuraOJ/UnidadesAdministrativas/CentroAnalisisDocumentacionJudicial/pdfs/Codigos/CodigoNotariado_CENADOJ.pdf (fetched 15 October 2026; edition updated to 30 April 2014)
- Colegio de Abogados y Notarios de Guatemala, Colegiaciones: https://www.cang.gt/servicios/colegiaciones (fetched 15 October 2026; undated on page)
Frequently Asked Questions
Can a notario help me with my immigration papers in the US?
No. USCIS says a notario público is not authorized to provide any legal services related to immigration. In the United States, USCIS explains, notaries public are authorized by state governments to witness the signing of important documents and to administer oaths. On its Common Scams page, USCIS says only an attorney or an accredited representative working for a Department of Justice recognized organization can give you legal advice and represent you in your immigration case.
Who is allowed to represent me before USCIS?
The categories USCIS lists on its Find Legal Services page include: a US attorney who is a member in good standing of the bar of a US state, territory or the District of Columbia, is not disbarred or otherwise restricted, and is eligible to practise law in the US; an accredited representative under the Justice Department’s Executive Office for Immigration Review (EOIR) who works for an organization on the Justice Department’s list of recognized organizations; and a foreign attorney, who can represent you only in matters outside the United States. For the complete list and its conditions, read the USCIS Find Legal Services page. USCIS also says you do not need a representative and may file forms and represent yourself.
How do I check that someone is a real attorney?
USCIS says the American Bar Association provides information about attorneys by state, and that you can check with the attorney’s state bar association whether they have been disciplined or disbarred. The Justice Department’s EOIR also publishes a list of currently disciplined practitioners; that page showed an update date of 8 October 2026 when we fetched it.
How do I check an accredited representative?
USCIS sends you to EOIR’s Recognition and Accreditation (R&A) Program, where the Accredited Representative Roster is. EOIR’s roster reports page links three PDF lists: recognized organizations, accredited representatives, and organizations and representatives listed by state. EOIR says accredited representatives may only provide immigration legal services through recognized organizations, and that only non-profit, federally tax-exempt entities may apply to be recognized.
Will reporting a notario hurt my own immigration case?
USCIS says reporting scams will not affect your immigration application or petition. USCIS also says that many states allow you to report scams anonymously.
Where do I report notario fraud?
USCIS says to report the scam to your state consumer protection office (its report page has a table by state), to your local police as well if you lost money or other possessions, and that you can always report scams to the Federal Trade Commission. To report a website or social media account that claims to be affiliated with USCIS, USCIS says to email uscis.webmaster@uscis.dhs.gov.
In Guatemala a notario is a legal professional. Why is it different in the US?
USCIS itself says that in many Spanish-speaking nations notarios are attorneys with special legal credentials, while in the United States notaries public are not authorized to provide legal services. In Guatemala, the Código de Notariado gives the notario fe pública to certify and authorize acts and contracts, and lawyers and notaries register in one shared book at the Colegio de Abogados y Notarios de Guatemala. For a US immigration case, USCIS lets a foreign attorney represent you only in matters outside the United States.
