Podcast
Questions and Answers
Under what circumstances can a California notary public assist someone in completing immigration forms?
Under what circumstances can a California notary public assist someone in completing immigration forms?
- If the notary public is also an attorney or an accredited representative of the U.S. Department of Justice, or a registered and bonded immigration consultant. (correct)
- If the notary public has completed a specialized immigration law course.
- Under no circumstances, as it is strictly prohibited by law.
- If the notary public only charges a small fee for the service.
What is the maximum fee a California notary public can charge for notarizing a set of immigration forms, assuming they are not also an attorney rendering professional services?
What is the maximum fee a California notary public can charge for notarizing a set of immigration forms, assuming they are not also an attorney rendering professional services?
- $15 per set of forms. (correct)
- The standard notarial fee, regardless of the document type.
- $85, as set by federal guidelines.
- $0, notarization of immigration forms is a pro-bono service.
A California notary public who is not an attorney advertises notarial services in Spanish. What specific requirement must this notary fulfill?
A California notary public who is not an attorney advertises notarial services in Spanish. What specific requirement must this notary fulfill?
- The notary must post a prescribed notice, in English and Spanish, stating they are not an attorney and cannot give legal advice, along with the statutory fees for notarial services. (correct)
- The notary must obtain certification from the California Bar Association.
- The notary must translate the term “Notary Public” as “notario publico” to ensure clear communication.
- The notary must only notarize documents written in Spanish.
What is the consequence for a California notary public's first offense of illegally advertising themself as an immigration specialist?
What is the consequence for a California notary public's first offense of illegally advertising themself as an immigration specialist?
What action is strictly prohibited for a California notary public, even if they post the required notice about not being an attorney?
What action is strictly prohibited for a California notary public, even if they post the required notice about not being an attorney?
A notary public in California is fluent in both English and Vietnamese. They want to advertise their services to the Vietnamese-speaking community. What must they do to comply with California law?
A notary public in California is fluent in both English and Vietnamese. They want to advertise their services to the Vietnamese-speaking community. What must they do to comply with California law?
A California notary public who is not an attorney promotes themself as an immigration specialist. What is the consequence of a second offense?
A California notary public who is not an attorney promotes themself as an immigration specialist. What is the consequence of a second offense?
In which scenario is a California notary public legally permitted to charge more than $15 for notarizing immigration forms?
In which scenario is a California notary public legally permitted to charge more than $15 for notarizing immigration forms?
What activity is a California notary public legally barred from doing regarding immigration, regardless of whether additional notices are posted?
What activity is a California notary public legally barred from doing regarding immigration, regardless of whether additional notices are posted?
A notary public who is not an attorney advertises in Spanish. Which action would not be a violation?
A notary public who is not an attorney advertises in Spanish. Which action would not be a violation?
Flashcards
Notarizing Immigration Documents
Notarizing Immigration Documents
Although notarizing immigration documents is allowed, assistance in completing forms is restricted to attorneys, DOJ-accredited representatives, or registered and bonded immigration consultants.
Immigration Form Fees
Immigration Form Fees
A notary public cannot charge more than $15 for each set of immigration forms, unless they are also an attorney providing services as an attorney.
Advertising Requirements
Advertising Requirements
Notaries advertising in a language other than English must post a notice stating they are not an attorney and cannot give legal advice, including fee schedules.
Illegal Translation
Illegal Translation
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Prohibited Advertising
Prohibited Advertising
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Study Notes
- There isn't a prohibition against notarizing immigration documents
Restrictions
- Only attorneys, DOJ-accredited representatives, or California SOS-registered and bonded immigration consultants can assist clients in completing immigration forms
- A notary public cannot charge more than $15 per set of immigration forms, unless they are also an attorney providing professional services
Illegal Advertising
- California law mandates that non-attorney notaries who advertise notarial services in a language other than English must post a notice in English and the advertised language stating that they are not attorneys and cannot give legal advice on immigration or other legal matters
- The notice must include a list of the fees that a notary public may charge for notarial services
- A notary public is prohibited from translating "Notary Public" into Spanish as "notario publico" or "notario," even with the prescribed notice posted
- A first offense for violating these advertising rules can lead to suspension or revocation of the notary public's commission
- A second offense results in permanent revocation of the notary public's commission
- Notaries are barred from advertising themselves as immigration specialists or consultants
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