Is Notario Fraud Getting Worse?
According to a recent Philadelphia television news report, immigration fraud committed by those who are known as notario publicos is increasing.
“Notario fraud is unfortunately an all too common problem that is not unique to Philadelphia, or even to Pennsylvania,” said Vanessa Stine, an attorney and Equal Justice Works Fellow with the Friends of Farmworkers headquartered in Philadelphia. Stine started the Notario Fraud Project in 2012 and has observed notario fraud all over Philadelphia and its suburbs. Her law project primarily focuses on the Latino community, but she is aware of illegal immigrant services practitioners in Chinese, Haitian, African and other immigrant communities.
“Some fraudsters exploit an immigrant’s desire to legalize by promising relief that is nonexistent or that the immigrant is ineligible for. Other unauthorized actors are ostensibly well-intentioned, but even well-intentioned actors who are unauthorized to provide services can cause significant and sometimes permanent harm to immigrant consumers,” Stine said. “Other individuals pretend to be licensed attorneys when they are in fact not licensed attorneys.”
The Philadelphia TV news station investigated an account of one man who claims he can help immigrants become citizens. According to the Department of State, the man’s notary commission expired in 2014 and his notary application for reappointment was rejected. The reason behind the rejection was not stated.
In December 2014, Philadelphia City Council passed Ordinance #140142, introduced by then Councilmanat- large Dennis O’Brien. Under the ordinance, any person or business that provides immigration-related services must register annually with the city. In addition, immigration-related businesses must post a multi-lingual sign to warn customers that the provider is not a licensed attorney nor authorized to provide legal assistance; provide each customer with a multilingual brochure outlining the consumer’s rights, the provider’s responsibilities and the steps for reporting fraud; provide each customer with a written contract for services in a language the customer understands, copies of any documents that are prepared and receipts for all payments. The businesses must obtain a surety bond and make certain disclosures in their advertising.
The ordinance, which became effective in 2015, is enforced by the city’s Department of Licenses and Inspections. The registration list of businesses involved in immigration-related services is available to the public.
“Councilman O’Brien recognized that the City of Philadelphia had the power to better protect consumers living and seeking services in the city. Through his leadership, city council passed the ordinance and while Councilman O’Brien is no longer in office, we are fortunate to have his former staffer, Miriam Enriquez, as the new Director of the Immigrant Affairs Office for the City of Philadelphia,” Stine said.
Philadelphia Mayor Jim Kenney has also taken action for the immigrant residents of his city. In May, he signed an executive order creating a program that provides language services to non-English speaking residents of the city. The program, Language Access Philly, is designed to make it easier for residents with limited English proficiency to obtain essential public information and services. The mayor also established the Office of Immigrant Affairs, which will work to ensure that all city agencies implement plans that promote access and participation with city services for persons with limited English proficiency.
The work to help immigrants goes on.
Stine is aware of several recently submitted complaints regarding businesses that are not in compliance with Ordinance #140142.
“It is my understanding that these complaints are still pending,” she added.
Stine also cautioned well-intentioned notaries who see a need for legal services in their communities not to engage in the practice of law.
“I have clients who have lost their immigration status due to the erroneous, but well-intentioned help of notaries. Even if you are just charging $100 or $200 to help someone fill out an immigration form, you often do more harm than good.”
The practice of law, including immigration law, is complex and requires the specialized training of professionals who can provide competent and accurate advice, Stine noted.
“As notaries, it is important not to cross the line. Selecting an immigration form for someone is the practice of law, because you are determining what benefit that person may be eligible for. Telling someone how to respond to a particular question on an immigration form is also the practice of law. Answering ‘yes’ or ‘no’ to a particular question on an immigration application can have serious consequences,” she said.
“Notario fraud is unfortunately an all too common problem that is not unique to Philadelphia, or even to Pennsylvania,” said Vanessa Stine, an attorney and Equal Justice Works Fellow with the Friends of Farmworkers headquartered in Philadelphia. Stine started the Notario Fraud Project in 2012 and has observed notario fraud all over Philadelphia and its suburbs. Her law project primarily focuses on the Latino community, but she is aware of illegal immigrant services practitioners in Chinese, Haitian, African and other immigrant communities.
“Some fraudsters exploit an immigrant’s desire to legalize by promising relief that is nonexistent or that the immigrant is ineligible for. Other unauthorized actors are ostensibly well-intentioned, but even well-intentioned actors who are unauthorized to provide services can cause significant and sometimes permanent harm to immigrant consumers,” Stine said. “Other individuals pretend to be licensed attorneys when they are in fact not licensed attorneys.”
The Philadelphia TV news station investigated an account of one man who claims he can help immigrants become citizens. According to the Department of State, the man’s notary commission expired in 2014 and his notary application for reappointment was rejected. The reason behind the rejection was not stated.
In December 2014, Philadelphia City Council passed Ordinance #140142, introduced by then Councilmanat- large Dennis O’Brien. Under the ordinance, any person or business that provides immigration-related services must register annually with the city. In addition, immigration-related businesses must post a multi-lingual sign to warn customers that the provider is not a licensed attorney nor authorized to provide legal assistance; provide each customer with a multilingual brochure outlining the consumer’s rights, the provider’s responsibilities and the steps for reporting fraud; provide each customer with a written contract for services in a language the customer understands, copies of any documents that are prepared and receipts for all payments. The businesses must obtain a surety bond and make certain disclosures in their advertising.
The ordinance, which became effective in 2015, is enforced by the city’s Department of Licenses and Inspections. The registration list of businesses involved in immigration-related services is available to the public.
“Councilman O’Brien recognized that the City of Philadelphia had the power to better protect consumers living and seeking services in the city. Through his leadership, city council passed the ordinance and while Councilman O’Brien is no longer in office, we are fortunate to have his former staffer, Miriam Enriquez, as the new Director of the Immigrant Affairs Office for the City of Philadelphia,” Stine said.
Philadelphia Mayor Jim Kenney has also taken action for the immigrant residents of his city. In May, he signed an executive order creating a program that provides language services to non-English speaking residents of the city. The program, Language Access Philly, is designed to make it easier for residents with limited English proficiency to obtain essential public information and services. The mayor also established the Office of Immigrant Affairs, which will work to ensure that all city agencies implement plans that promote access and participation with city services for persons with limited English proficiency.
The work to help immigrants goes on.
Stine is aware of several recently submitted complaints regarding businesses that are not in compliance with Ordinance #140142.
“It is my understanding that these complaints are still pending,” she added.
Stine also cautioned well-intentioned notaries who see a need for legal services in their communities not to engage in the practice of law.
“I have clients who have lost their immigration status due to the erroneous, but well-intentioned help of notaries. Even if you are just charging $100 or $200 to help someone fill out an immigration form, you often do more harm than good.”
The practice of law, including immigration law, is complex and requires the specialized training of professionals who can provide competent and accurate advice, Stine noted.
“As notaries, it is important not to cross the line. Selecting an immigration form for someone is the practice of law, because you are determining what benefit that person may be eligible for. Telling someone how to respond to a particular question on an immigration form is also the practice of law. Answering ‘yes’ or ‘no’ to a particular question on an immigration application can have serious consequences,” she said.
