9. Notaries and the Immigration Process

 Notaries and the Immigration Process

By Jeremy Belmont

Jeremy Belmont is the owner of www.123notary.com, a successful mobile notary internet directory.

There are many steps necessary in the immigration process, and lots of waiting between them.  It’s smart to have an attorney helping you if you can afford one.  But, where do notaries fit into this picture?  Notaries have been involved with immigration documentation for decades.  They have been so integral to the process, that most states have legislature about notaries and immigration. 

Notary Law and Immigration

First of all, most states forbid notary publics from using the term, "Notario Publico", since it will confuse Latino immigrants into thinking that they have a position of very high status, almost as high as an attorney. In Hispanic countries, notaries are a very elevated position, and they are qualified to give all types of advice that American notaries are forbidden from even discussing informally.   Additionally, in some states, the law requires notaries who advertise in a foreign language to state that they are not an immigration expert, and that they can not give immigration advice.

What is the role of the notary?

Notaries take acknowledgments, execute jurats, take oaths, and certify copies.  In some states they can act as witnesses as an official capacity. For immigration documents, they would simply notarize signatures on the Affidavit of Support and have the signer take a quick oath for each signature. Affidavits typically use the Jurat notary act which requires a signature in the presence of a notary in addition to a quick oath where the affiant swears that the contents of the document are true and correct, and that they agree to abide by the terms in the document.  It’s quick and easy.

Does the notary need to understand the document?
No, the notary not only doesn't need to understand the documents they notarize signatures on, but they are also not at liberty to explain the document.  Otherwise, they are engaged in the unauthorized practice of law according to many states. The notary simply notarizes signatures on documents and takes Oaths when necessary.

Sorry, no English?

What if the document signer doesn't know English?  Can a notary still notarize his signature?  In most states, the notary must be able to converse directly with the signer without the use of a translator or intermediary of any sort. If the notary knows a bit of Spanish, Korean or whatever other language the signer might speak, enough to talk to the signer about the business at hand, then that will suffice. Having the signer's daughter explain what the mother said is completely illegal.  If you are a bilingual notary public, you might be very valuable in many big cities as a result of these laws. 

Where can you find a notary?
At www.123notary.com you can find a mobile notary in any state to help you with document signings of any type, day or night. There are notaries who service homes, offices, hospitals, and jails too.  Also, please visit the 123Notary Blog to read more about issues effecting notaries.