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A notary public in California, who is NOT an attorney, advertises notarial services in a language other than English. What must they do?
A notary public in California, who is NOT an attorney, advertises notarial services in a language other than English. What must they do?
- Only post a disclaimer, in the other language, stating they are not an attorney and cannot give legal advice.
- Translate the term 'notary public' into the equivalent term in the other language to ensure understanding.
- Ensure all advertising materials are reviewed by a licensed California attorney before distribution.
- Post, in both English and the other language, that they are not an attorney and cannot give legal advice, and list the statutory fees for notarial services. (correct)
Under what circumstances can a California notary public assist someone in completing an immigration document?
Under what circumstances can a California notary public assist someone in completing an immigration document?
- If the notary public has completed a specific immigration law course.
- Only with providing legal advice on which forms to complete.
- Only if the notary public is also a registered and bonded immigration consultant, and only by inserting answers given by the client. (correct)
- Under no circumstances; only attorneys or accredited representatives can assist with immigration documents.
What action could lead to a permanent revocation of a California notary public's commission regarding immigration-related services?
What action could lead to a permanent revocation of a California notary public's commission regarding immigration-related services?
- Charging more than $15 per person for completing a set of immigration forms, without providing additional receipt.
- A second offense of violating the laws related to advertising notarial services in a language other than English without proper disclaimers. (correct)
- Advertising notarial services without including their notary public commission number.
- Failing to maintain a detailed journal of all immigration-related notarial acts performed.
If a California notary public is also a registered immigration consultant, what is the maximum amount they can charge per person for completing a set of immigration forms?
If a California notary public is also a registered immigration consultant, what is the maximum amount they can charge per person for completing a set of immigration forms?
Why is a California notary public prohibited from translating the term 'notary public' into 'notario publico' in Spanish?
Why is a California notary public prohibited from translating the term 'notary public' into 'notario publico' in Spanish?
What is the main restriction placed on a California notary public who also promotes themselves as an immigration specialist or consultant in their advertising?
What is the main restriction placed on a California notary public who also promotes themselves as an immigration specialist or consultant in their advertising?
Mikhail and Irina need assistance with their U.S. citizenship application forms. They visit Catherine Consultant, who is a notary public registered and bonded as an immigration consultant. Catherine fills out the forms with the information provided and charges them $100. What, if any, rules did Catherine break?
Mikhail and Irina need assistance with their U.S. citizenship application forms. They visit Catherine Consultant, who is a notary public registered and bonded as an immigration consultant. Catherine fills out the forms with the information provided and charges them $100. What, if any, rules did Catherine break?
What specific type of document can a notary public notarize, related to immigration?
What specific type of document can a notary public notarize, related to immigration?
Who is authorized to provide advice on which immigration document or form a person should complete?
Who is authorized to provide advice on which immigration document or form a person should complete?
If a notary public violates the advertising guidelines related to immigration services for the first time, what is a possible consequence?
If a notary public violates the advertising guidelines related to immigration services for the first time, what is a possible consequence?
In California, who may assist a client in completing immigration forms?
In California, who may assist a client in completing immigration forms?
What action can a notary public, who is also a registered immigration consultant, take when assisting a client with immigration forms?
What action can a notary public, who is also a registered immigration consultant, take when assisting a client with immigration forms?
A notary public in California is NOT an attorney and wants to advertise their services in Spanish. What specific information must they include in their advertisement, in both English and Spanish?
A notary public in California is NOT an attorney and wants to advertise their services in Spanish. What specific information must they include in their advertisement, in both English and Spanish?
In the context of immigration-related services, what is one action that only an attorney can legally perform?
In the context of immigration-related services, what is one action that only an attorney can legally perform?
A California notary public who is also an immigration consultant provides services in completing immigration forms. Which fee structure is permissible under California law?
A California notary public who is also an immigration consultant provides services in completing immigration forms. Which fee structure is permissible under California law?
Flashcards
Notary Role in Immigration Documents
Notary Role in Immigration Documents
A notary public can notarize signatures on immigration documents but cannot assist in completing them, except for signature and date.
Who Can Assist with Immigration Forms?
Who Can Assist with Immigration Forms?
Only attorneys, DOJ-accredited representatives, or registered and bonded immigration consultants can assist in completing immigration forms.
Who Can Give Immigration Advice?
Who Can Give Immigration Advice?
Only attorneys can advise on which immigration forms to complete or how to answer questions on these forms.
Dual Role: Notary and Immigration Consultant
Dual Role: Notary and Immigration Consultant
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Fee Limit for Immigration Form Completion
Fee Limit for Immigration Form Completion
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Additional Notarial Fees
Additional Notarial Fees
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Advertising Restrictions
Advertising Restrictions
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Language Disclosure
Language Disclosure
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Meaning of 'Notario Publico'
Meaning of 'Notario Publico'
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California Notary Requirements
California Notary Requirements
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Translation Restriction
Translation Restriction
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Consequences of Violations
Consequences of Violations
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Study Notes
- A notary public can notarize signatures on immigration or citizenship documents.
- Notaries cannot assist in completing immigration documents, excluding signature and date completion.
- Assistance with immigration documents can only be provided by attorneys, U.S. Department of Justice accredited representatives, or California Secretary of State registered and bonded immigration consultants.
- Only attorneys can advise on which immigration form to complete or how to answer questions on the form.
- A notary public who is also a California registered immigration consultant can assist a client by inserting the answers they provide into immigration forms.
- A notary who is a registered and bonded immigration consultant can charge $15 per person for completing immigration forms, and can charge an additional fee for each notarial act.
- Notaries public who are also immigration consultants or who advertise in languages other than English are subject to special regulations.
- Notaries cannot advertise themselves as notaries public if they also promote themselves as immigration specialists or consultants.
- Notaries advertising in a language other than English must include a disclaimer in English and the other language stating they are not attorneys and cannot give legal advice, as well as list the statutory notary fees.
- In many countries, notaries public are required to be licensed attorneys, unlike in California.
- California notaries public cannot translate "notary public" to "notario publico" or "notario" in Spanish, even with the prescribed notice posted.
- Violations of the law can result in suspension or permanent revocation of the notary public's commission.
- A first offense results in suspension of the notary public’s commission for at least one year, or the notary public’s commission is revoked.
- A second offense results in permanent revocation of the notary public’s commission.
Catherine Consultant Example
- Catherine Consultant is a notary public who is also registered and bonded as an immigration consultant
- She assists Mikhail and Irina with citizenship forms, entering information from them and her own knowledge, and charges them $100.
- Catherine broke a number of laws, as she cannot advertise herself as a notary due to being an immigration specialist and cannot enter her own knowledge to complete the forms.
- She also cannot charge more than $15 per person for completing the forms.
- She can charge an additional notary fee for any notarial services performed.
- She is only allowed to complete the citizenship forms with the client's provided info.
- The statutory fees she is permitted to charge totaled to less than to what she charged Mikhail and Irina.
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