Notary error puts U visa beneficiary at risk of losing residency
Given the urgent need for immigration services, immigrants are warned not to use notaries for legal assistance
When Reyna Gonzalez Lopez received a letter from U Citizenship and Immigration Services (USCIS) asking for more evidence that she was living in the country to approve the renewal of her green card, she panicked.
“I took a picture of the letter and sent it to the notary who had filled out my renewal application, “And I asked her if she could help me, and she replied that she had just had surgery and wasn’t in a position to assist me,” she recalls. Desperate because time was running out, and fearing she would lose her hard-earned residency, she contacted immigration attorney Sergio Siderman, who took her case, and in three months, her renewal was approved. “The truth is, I was very afraid they wouldn’t renew it and that I might even be deported with everything that’s happening with the current administration. And the first thing I did when I received my card again was call my mother in Mexico. I didn’t care about the time, or that my mother is a woman who is about to turn 99. I was so happy that I wanted to give her the good news.” She says that after the nightmare, she learned that immigration procedures cannot be left in the hands of notaries. “It seemed easy to go to the person who prepares my taxes to ask for help with the renewal, and what happened was that She filled out the paperwork incorrectly and put me at risk, because when filling out the I-90 form for renewal, she indicated that I was a “frequent traveler” instead of checking the “permanent resident” box.
Reyna, who came to the United States in the early 2000s, obtained a U visa in 2015 after her then-husband tried to strangle her during an argument. The U.S. government grants U visas to victims of domestic violence, sexual assault, and stalking.
“Her ex-husband was arrested and served time; Reyna cooperated with the authorities to ensure he was punished.”
She recounts that “it was a long and difficult road, full of suffering, tears, and loneliness; and seeing that I could suddenly lose everything because of a notary's mistake filled me with terror.”
Attorney Siderman,He explained that tens of thousands of people are victims of notary errors.
“Reyna is just one example. Fortunately, we were able to help her in record time,” explained Siderman, who, upon taking the case, was able to correct the notary's error by requesting a new opportunity from USCIS, adding evidence that his client lived permanently in the country.
Reyna says she couldn't have endured being detained, locked up, and deported because of a notary's mistake.
“For months I lived in anguish that I wouldn't wish on anyone.”
After receiving her ten-year residency, Reyna says she will become a citizen as soon as possible.
She adds that she is sharing her story because she wants to warn the immigrant community not to trust notaries; and at the same time advises people to report their abusers to break the cycle of domestic violence.
The Risks
Attorney Siderman said that under the Trump administration, immigration laws and procedures are constantly changing, and only licensed attorneys are up to date with the laws.
“As immigration laws have become stricter, it is very likely that notaries will make mistakes that lead to their clients being detained by ICE.”
Yes, since any small mistake or lack of knowledge of the complex immigration laws can lead to a person being detained and deported from the United States.
At first glance, notaries may seem cheaper, but they frequently make mistakes, resulting in applications being denied.
People are being taken to deportation court, and now the individual has to pay a much higher fee to a lawyer to correct the notary's error and be subject to deportation from the United States, said attorney Siderman.
Attorney General Warns
In June, California Attorney General Rob Bonta issued guidance to help California's immigrant communities avoid immigration scams perpetrated by those seeking to take advantage of the fear and uncertainty generated by President Trump's cruel campaign of mass arrests and deportations.
“Immigration scams, including notary fraud, prey on the hopes for safety and stability of our immigrant communities,” Attorney General Bonta stated.
“Before hiring someone who claims to offer help with immigration matters, I urge people to familiarize themselves and learn how to verify that the person is qualified to provide immigration assistance.”
What is notary fraud?
The State Attorney's Office warns that only lawyers,Accredited representatives and recognized organizations can provide legal advice or represent you before an immigration court. Immigration consultants—who may call themselves immigration experts, notaries, notary publics, or paralegals—cannot do so. In many Spanish-speaking countries, notaries are lawyers with special legal credentials. In the United States, however, a notary public is not authorized to provide immigration-related legal services. Only lawyers, accredited representatives, and recognized organizations can provide legal advice or represent you before an immigration court. Some immigration consultants may fraudulently pose as immigration lawyers. If someone claims to be licensed to practice law in California or another state and to practice immigration law, confirm that they have a current license and are in good standing in that state by visiting americanbar.org/groups/legal_services/flh-home/flh-lawyer-licensing.
If someone claims to be an accredited representative or recognized organization, please visit https://www.justice.gov/eoir/recognition-accreditation-roster-reports

