Friday, August 13, 2010

Notarios and Visa preparers

Notarios and visa preparers are a problem in the immigration world. There are a number of reasons for this. One of the largest ones is that notarios and visa preparers generally charge significantly less than an attorney or a recognized form preparer. Another issue is that for many Hispanic migrants notario has a different connotation than it does in the United States. For example, in Mexico a notario is an attorney who has quasi-judicial powers. These are individuals who went to law school, are attorneys and took extra classes or exams to become a notario.

In the United States a notario is not always an attorney. An attorney can be a notary but most attorneys are not notaries and most notaries are not attorneys. Therefore, when a migrant goes to a notario they are thinking they are getting one service but they are getting no or poor legal services. Furthermore, many notarios use this position of trust and the immigrants lack of knowledge to take advantage of them and get more than they should.

Visa preparers are similar but different to notarios. These are individuals who file out immigration forms. There are individuals and companies who do comply with the form filling requirements put out by the immigration courts and these groups are fine to use. However, many of the visa preparers are not recognized by the courts or the system and they do not have the right to charge and prepare the forms. Immigration law is a complex area of law that is constantly changing and it is difficult to stay on top of the changes unless you are dedicated to the area. Many of the visa preparers are using their ties in the community or language skills to take advantage of immigrations.

If you are ever in doubt about what is going on, do not use the notario or the visa preparer. You will likely be better off filing out the form yourself or seeking the help of an experienced attorney who may be willing to work out an agreement regarding fees.

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