Hiring a Paralegal or Notary for Immigration Cases: Risks Vs. Savings

Paralegals, notaries, and accredited representatives can legally provide limited legal services, but their scope is much narrower compared to attorneys. It’s essential to be aware of their limitations before opting for their services to save money.


Sometimes, due to cost constraints, hiring a lawyer for your immigration case is just too expensive. In such cases, recommendations from people you trust for non-lawyer professionals, such as paralegals and notaries, can be a tempting option. 


But how can you be certain that you’re hiring a trustworthy paralegal and not someone who might take advantage of you? There have been numerous news reports of paralegals and notaries facing legal consequences for submitting fraudulent information on immigration documents. It’s crucial to understand that anything you sign and submit to USCIS becomes a permanent part of your record, even if it was prepared fraudulently. The consequences can be severe, affecting your immigration status negatively.  

To determine whether you genuinely require a lawyer’s services, keep reading. 

Difference Between Lawyers, Paralegals, and Notaries

Lawyers undergo rigorous education and must pass the bar exam to demonstrate their knowledge and competence to handle immigration matters. They are licensed by their state’s bar association, which serves as the regulatory authority for lawyers. If something goes wrong, you can be sure your lawyer will do everything in their power to fix your case. Immigration lawyers offer comprehensive legal representation that includes attending immigration-related interviews and court hearings on your behalf. They can also facilitate appointments with immigration officers and collaborate with government attorneys without requiring your presence. Lawyers typically have extensive knowledge and training in immigration law, which can be invaluable for complex cases.

It’s important to recognize that while lawyers may charge higher fees compared to paralegals or notaries, their expertise and ability to navigate the intricacies of immigration law can greatly benefit your case. The investment in legal representation often pays off in terms of a smoother process and a better chance of a successful outcome.

Paralegals – at most – have received training in legal paperwork and are proficient in form completion and document preparation to build a case. In many U.S. states, paralegals are subject to regulation, but not always. Some paralegals may choose to take a national exam and become members of organizations like the National Association of Legal Assistants (NALA). However, it’s important to note that not everyone who claims to be a paralegal has received proper education, certification, or meets these regulatory standards. It’s important to be cautious when hiring a paralegal and verify their qualifications and credentials to ensure you’re working with a legitimate professional. Importantly, paralegals cannot file immigration court documents, accompany you to immigration court, or accompany you to USCIS interviews – these are arguably the most important steps in your case. Paralegals typically do not have the legal training or qualifications to provide legal advice. For matters that require legal representation, especially in complex immigration cases, it is advisable to seek the services of an immigration lawyer who has the knowledge and expertise to navigate the legal aspects of your situation effectively.

Notaries, often referred to as notarios, have a very limited role and primarily serve as agents of the state to verify the identity of individuals signing legal documents. Their responsibilities typically involve verifying the signer’s identity, witnessing signatures, and affixing their official seal or stamp to the document. Unlike some other countries where notaries must also be lawyers, this is not the case in the United States. It’s important to understand that being a notary in the U.S. does not indicate that a person has the knowledge or legal training required to assist you with a legal case. Some individuals who are not lawyers may falsely advertise themselves as notaries to give the impression that they are qualified to provide legal advice or services. Therefore, it’s important to exercise caution and seek legal assistance from licensed attorneys when dealing with legal matters. Notaries and individuals who refer to themselves as “immigration consultants” without being paralegals or lawyers may lack the necessary legal training and qualifications to assist with paperwork or represent you in immigration court or at immigration offices. For immigration matters that require legal expertise, including court representation or interactions with immigration authorities, it is strongly recommended to seek the services of a qualified immigration attorney who can provide the appropriate legal guidance and representation based on their knowledge and training.

Costs

When considering the cost of hiring an immigration attorney, it’s essential to do thorough research and not simply assume that the most expensive lawyers are the best. Some key points to keep in mind:

  1. Shop Around: Compare the fees and services offered by different immigration attorneys, paralegals, or notaries. Price should not be the sole determining factor.
  2. Check Credentials: Before hiring anyone, verify their credentials. Ask to see a paralegal’s certification and a lawyer’s bar card. Ensure that they are current and legitimate. You can check their status with the state bar association and look for any complaints against them.
  3. Avoid Cheap Alternatives: While the most expensive lawyer isn’t necessarily the best, opting for the cheapest route may lead to more significant costs later if errors occur. It’s crucial to strike a balance between affordability and competence.
  4. Research Success and Satisfaction: Investigate the success rate and customer satisfaction of professionals within your budget range. Client reviews and testimonials can provide valuable insights.
  5. Payment Plans: Some law offices, like ours, offer affordable payment plans. 

Ultimately, the key is to make an informed choice based on your specific needs and circumstances. Legal representation is an important investment, and taking the time to research and choose the right professional can greatly impact the outcome of your immigration case.

When Non-Lawyers Send “Their” Lawyer to Your Immigration Appointment

In some particularly terrible situations, notaries, immigration consultants, or paralegals will tell you that if you need help in court or an immigration interview they will send “their” lawyer to meet you there. In many instances, when a lawyer is sent to represent you, if indeed a lawyer does arrive, they often lack substantial knowledge about your case prior to stepping into court or meeting with an immigration officer.

Meeting with the lawyer in before your hearing is important. A reputable law will want to meet with you before your court date to understand your case directly from your perspective. Relying on “meeting the lawyer there,” without ever having spoken to the lawyer, is a red flag.

Before considering the hiring of another person’s attorney, it’s essential to take certain precautions. Insist on a face-to-face meeting with the attorney, request to view their bar card, and conduct online research to assess their credibility and qualifications. For the same amount of money you might have given to a notary to secure “their” attorney’s services, you could opt to hire your own attorney who will prioritize your interests exclusively.

It’s important to be aware that some notaries and paralegals who send attorneys to represent clients might engage in illegal practices by diverting a portion of the funds intended for the attorney for themselves. Unfortunately, they may not disclose this fact to you. Being vigilant and thorough in your hiring process can help safeguard your rights and resources.

Given the significant impact that immigration interviews and hearings can have on your future in the country, it is important to engage someone you have prior knowledge of and have conversed with. It is crucial to select a representative you trust and whom you directly compensate to ensure your interests are adequately protected.

If the judge grants asylum to the individual, they are eligible to stay in the United States indefinitely. Following one year after being granted asylum, the applicant and their eligible family members can initiate the process to apply for Permanent Residency.

Asylum application forms are intentionally designed to be user-friendly, but it’s of utmost importance to engage the services of an attorney (not a paralegal or notary) to handle the filing of this application on your behalf. It’s essential to recognize that the application serves as the judge’s initial impression of your case. Each question should be truthfully and meticulously answered to maximize your chances of success. 

Trust in our expertise as immigration attorneys to provide you with the guidance needed for a successful application.

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