Notary Public Versus Notario Publico
Learn the Differences to Avoid Legal Issues
In the United States, notaries are most important
for witnessing the signing of documents and administering oaths. The term "notario publico" is most often used in Latin American countries and refers to someone
who has the equivalent of a law license and is authorized to represent others before the government.
Oregon Law Against False Advertising
in notary authority is the reason Oregon has a law against advertising as a notario publico, which may
to Spanish-speaking people
vastly different powers than a notary
in this state.
According to Oregon Revised Statues:
- A notary public, other than an attorney licensed to
practice law, may not use the term “notario” or “notario publico.”
- A notary that is not an attorney, who advertises their notarial services, must prominently include the statement in each language used in the advertisement: “I am not an attorney licensed to practice law. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.” The advertisement must also include the statutory fees. ORS 194.350(4)(b).
Even in the United States, the duties and responsibilities of a notary
from state to state. Therefore, it's essential to become familiar with Oregon’s notary laws and rules even if you have served as a notary in another state.
Immigration Consultant Restrictions
Oregon law prohibits anyone other than a licensed attorney to serve as an immigration
consultant, including helping someone fill out immigration forms.
There have been cases in the United States of notaries and individuals calling themselves notarios
taking advantage of immigrants unaware of the distinction between notario
publico and notary public.
Misrepresenting qualifications to offer legal advice can have severe implications for immigrants including missed deadlines, the filing of incorrect or incomplete forms,
or the filing of false claims with the government. An immigrant may miss opportunities, could be deported or subject to civil or
criminal liability for the filing of false claims.
Don't become a victim of dishonest immigration consultants known as "notarios." Learn to protect yourself with advice from these immigration attorneys.