How to Choose Immigration Help in the US and Avoid Fraud: Notarios, "Consultants," and Fake USCIS Calls

Immigration fraud usually starts not with forged documents but with the wrong choice of helper. A person pays a "consultant" who promises guaranteed approval, picks the filing basis for the client, and takes no responsibility for the outcome or deadlines. In New York, such intermediaries are regulated by Article 28-C of the General Business Law (GBL). Below: who may give immigration advice, what a document preparer may legally do, how to spot a scammer, and where to turn if you have already been harmed.

In short:

• Immigration legal advice may be given only by a licensed attorney or an accredited representative of a recognized organization (EOIR). A notary or a document preparer may not.
• A notario publico in the US is not a lawyer. In New York, providers are barred from using the words "notario," "immigration consultant," and "immigration specialist."
• In New York, an immigrant assistance service provider must sign a written contract in a language you understand, allow you to cancel within 3 business days, and may not keep your original documents.
• USCIS does not request payment by phone or email, does not accept gift cards, and does not message people on social media.
• Report fraud to the Office for New Americans (1-800-566-7636), the state Attorney General (1-866-390-2992), the FTC, and the USCIS Tip Form.

Who may give immigration advice

Immigration law is federal, so an attorney admitted to the bar of any state may handle immigration cases nationwide. Besides attorneys, people may be represented before USCIS and immigration court by accredited representatives of organizations recognized by the Department of Justice (EOIR's Recognition & Accreditation program).

Important: in Latin America and some European countries, a notario is a lawyer with broad powers. In the US, a notary public only verifies identity and signatures. If a "notary" chooses your visa category, that is a violation.

What a document preparer may legally do in New York

GBL Article 28-C allows immigrant assistance service providers to operate but strictly limits what they do. According to the New York Attorney General's guidance, a provider may:

• translate documents;
• fill out forms based on the client's answers and do clerical work on the package;
• obtain records and documents needed for filing;
• notarize signatures if a staff member holds a New York notary commission.

A provider may not:

• give legal advice or charge for it, including advising which form to file or how to answer its questions;
• represent the client before USCIS, immigration court, the State Department, or the Department of Labor;
• call itself an attorney, notario, immigration consultant, or immigration specialist;
• claim "special connections" or promise faster processing;
• make guarantees without a written factual basis;
• charge for services not performed;
• charge a fee for referring you to an attorney;
• keep original documents, including during a fee dispute;
• file documents or disclose client information without the client's consent.

What the contract must include

The law (GBL § 460-b) bars providing services before a written contract is signed. The contract must be in a language the client understands, with an English version attached if that language is not English. It must include:

• the provider's name, address, and phone number;
• an itemized list of services with the fee for each;
• the right to cancel within 3 business days with no penalty, and a separate last page titled "Cancellation Form";
• details of the financial surety — $50,000 as a bond, indemnity contract, or irrevocable letter of credit;
• a statement that the provider is not an attorney and may not give legal advice;
• a commitment to give the client a copy of every document prepared and to keep copies for three years.

The office must post signs, in English and in every language the provider works in, stating that the provider is not an attorney and that the client may cancel within 3 business days. New York City adds its own rules from the Department of Consumer and Worker Protection (DCWP), including a receipt for original documents.

Violations carry more than civil liability. The state Penal Law (§§ 190.87–190.89) defines a separate crime: immigrant assistance services fraud.

Red flags: how to spot a scammer

• They promise "100% approval," a "guaranteed green card," or "a friend at USCIS."
• They advise you to put false information on a form: a different entry date, a "paper" employer, a marriage that does not exist.
• They refuse to give a written contract, a payment receipt, or copies of filed documents.
• They take your passport or original certificates and do not return them.
• They prepared the form but do not list themselves in the preparer section.
• They ask you to pay the USCIS fee to them in cash, by card transfer, or in cryptocurrency.
• They rush you: "the offer is only good today," "the quota is running out."
• They sell USCIS forms, which can be downloaded at uscis.gov.

Example (hypothetical): a client pays a "consultant" to file for asylum, although the client has a US citizen relative and a basis for an I-130. Months later it turns out the application contains facts that never happened. Fixing such an application is harder than filing the right one from the start. Choosing a basis is a question for an attorney, not a document preparer.

Calls and letters "from USCIS"

A separate category is scammers posing as USCIS, police, or ICE officers. According to USCIS:

• USCIS does not request payment by phone or email and does not ask you to send money to a person;
• USCIS does not accept PayPal, Venmo, Cash App, Zelle, gift cards, or cryptocurrency;
• fees can be paid online only through a USCIS online account (via pay.gov), and by mail only by the method stated in the form instructions;
• USCIS does not contact applicants through Facebook, WhatsApp, Telegram, or other social media;
• USCIS websites and email addresses end in .gov, but even a message from a .gov address may be fake if it asks for money or personal data.

If someone calls threatening "deportation for nonpayment," hang up and check your case status on the USCIS website with your receipt number. We explain what the real statuses mean in our article on USCIS case statuses.

How to verify an attorney or representative

1. Ask for the full name, state of licensure, and registration number.
2. Check the attorney in that state's bar registry. For New York, use Attorney Search on the state courts' website (iapps.courts.state.ny.us). The status should read "Currently registered."
3. Check EOIR's List of Currently Disciplined Practitioners.
4. For an accredited representative, find the person and the organization in EOIR's Recognition & Accreditation roster.
5. Make sure a Form G-28 is filed in your case and that you receive copies of USCIS notices.

Documents you should keep

• the signed contract listing services and fees;
• receipts for every payment;
• copies of all filed forms and exhibits;
• USCIS receipt notices (I-797C) with the case number;
• your originals: passport, certificates, diplomas.

Requirements for translating documents for USCIS are covered in our article on certified translation. You can check the actual government fees in our article on USCIS fees 2026.

Where to report fraud

If you have already paid a scammer, keep the messages, receipts, and phone numbers, demand in writing the return of your originals and a copy of your file, and check your case status with the receipt number. If an application was filed with errors or a deadline was missed, show the documents to an immigration attorney as soon as possible.

How M&M works

M&M Document Preparation is not a law firm but a document preparer operating under GBL Article 28-C. We translate and format documents, assemble the package, and check it for completeness. Legal assessment of the case and strategy come from licensed partner immigration attorneys. We do not guarantee approval: only USCIS or a consular officer decides a case. If you want to understand your situation, contact us.

Sources

• New York Attorney General — guidance for immigrant assistance service providers (GBL Article 28-C)
• NY General Business Law § 460-b — contract with an immigrant assistance service provider
• NY General Business Law § 460-c — required signs and advertising
• NY Penal Law § 190.87 — immigrant assistance services fraud
• NYC DCWP — Immigration Service Providers requirements
• NY Department of State — Office for New Americans
• EOIR — Attorney Discipline Program, rosters, and Form EOIR-44
• USCIS — Scams, Fraud, and Misconduct
• CLINIC — Common Scams Reported by USCIS
• FTC — ReportFraud

This material is for informational purposes only and is not legal advice. M&M Document Preparation is not a law firm. Information is current as of October 27, 2026.