Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practices





What Is This

The “Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practices” resource is intended for immigration attorneys, accredited representatives, and community-based organizations assisting noncitizen clients who have been victims of unauthorized practice of immigration law. Unauthorized practitioners of immigration law are often referred to as “notarios,” which means notary public in Spanish and notary publics in civil law societies have the authority to provide certain limited legal services. These individuals can delay immigration matters, at best, and pose a threat to the ability of a noncitizen to successfully qualify for immigration benefits, at worst. Victims of unauthorized practice of immigration law also face indescribable loss, including dashed hopes for legal status in the United States, depletion of limited financial resources, and possibly deportation from the United States.

Unauthorized practitioners often target immigrant communities with false messages that they can represent immigrants in legal immigration matters. In reality, these immigration consultants or notarios lack the credentials and authority to prepare immigration documents and to represent noncitizens in immigration proceedings. Both the code of federal regulations (C.F.R.) and U.S. Citizenship & Immigration Services (USCIS) define the practice of immigration law in a manner that includes the selection and preparation of forms, in addition to any advice on any matter concerning one’s immigration status, such as how to answer questions on immigration forms, and what options a noncitizen might have. 8 C.F.R. §§ 1.1(i), 1001.1(i). Only attorneys and non-attorney representatives who are recognized and accredited may advise on immigration law. 8 C.F.R. §§ 292.1 (DHS) & 1292.1 (EOIR). Therefore, unauthorized practitioners of immigration law lack not only the skills, resources, training, and knowledge necessary to assist immigrants in matters of immigration law before USCIS and the Immigration Courts, but also the credentials and authority.

This resource offers information regarding the redress options for deceptive practices or consumer protection laws in each state. Although states and localities cannot enforce federal immigration law, the majority of states has enacted laws aimed at targeting unauthorized practice of immigration law or has applied existing unauthorized practice of law statutes to immigration law practice. These laws impose minor penalties, including small fines, civil penalties, and misdemeanor charges. Unfortunately, few statutes impose serious penalties like felony charges. In addition, some states have special unauthorized practice of law enforcement mechanisms, including complaints made to the state bar association, an immigrant assistance section of the attorney general’s office, or other governmental body. These developments on a state-by-state level may produce a patchwork of laws and penalties, but these are nonetheless welcome as the Department of Homeland Security is ill-suited in regulating unauthorized practice of immigration law.

Aside from laws on which unauthorized practice of immigration law victims may rely to seek redress, this document also includes the requirements for becoming a notary public and the contact information for the licensing agency in each state should the unauthorized practitioner be a notary public who is relying on this license to misrepresent his or her authority and credentials to practice immigration law. Further, when presenting the immigrant community with the requirements for becoming a notary public compared to the requirements for becoming a lawyer or a recognized and accredited representative, the dangers of hiring a notary public for one’s immigration case become clear.

If you are a community-based organization assisting a noncitizen who needs a referral to an immigration lawyer, please visit AILA at www.ailalawyer.com or contact a CLINIC affiliate via the affiliate map and listing available at www.cliniclegal.org/find-legal-help/affiliates/directory. If you need a referral to a consumer protection lawyer, please visit National Association of Consumer Advocates at www.consumeradvocates.org/find-an-attorney.

Who We Are

The “Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practice” resource is the product of two organizations: the American Immigration Lawyers Association (AILA) and the Catholic Legal Immigration Network, Inc. (CLINIC).

AILA is the national association of more than 14,000 attorneys and law professors who practice and teach immigration law. Founded in 1946, AILA is a nonpartisan, not-for-profit organization that provides continuing legal education, information, professional services, and expertise through its 38 chapters and over 50 national committees. AILA is committed to collaborating with the community to address the harmful effects of the unlawful practice of immigration law (UPIL) and to educate the immigrant community about seeking qualified legal assistance. The 2013-2014 AILA National Consumer Protection and UPL Action Committee developed the idea for this resource.

Established in 1988, CLINIC is a nonprofit organization that promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs. CLINIC has more than 330 affiliates across 47 states, the District of Columbia and Puerto Rico, which provide direct legal services to the immigration community. CLINIC’s affiliates see firsthand the damage “notario” fraud inflicts upon the immigrant communities, because the victims often turn to the low-cost immigration assistance of nonprofit agencies to fix the damage.

AILA and CLINIC wish to thank several individuals for their contributions to this resource. First, we wish to thank attorney Courtney LaFranchi, for editing, reviewing, and updating this manual for publication. Second, Anne Schaufele, who was previously served as Ayuda’s Project END Attorney, is the national expert on unauthorized practice of immigration law remedies and provided invaluable feedback on this resource. Thanks to Ms. Schaufele, Ayuda partnered with Georgetown University Law Center’s Community Justice Project to develop “Notario Fraud Remedies: A Practical Manual for Immigration Practitioners.” Third, thanks to Matthew W Blaisdell, a New York-based attorney and advocate who has devoted much of his career to combating unauthorized practice of immigration. Mr. Blaisdell has served and been an asset to the AILA National Consumer Protection and UPL Action Committee for years. His thoughtful commentary on this resource is a reflection of his passion for protecting noncitizens from the unauthorized practice of immigration law.

CLINIC and AILA sincerely hope this resource is useful and assists attorneys, accredited and recognized representatives, and community-based organizations who seek to uphold the rights of vulnerable noncitizens and to redress for fraud perpetrated by unauthorized practitioners of immigration law. To report any corrections or updates to this resource, please email Viviana Westbrook at vwestbrook@cliniclegal.org.

To filter the list below for a specific state.

Oklahoma UPL Statute Summary

49 OK Stat. §49-6. Authority – Provision of legal advice.

B. No notary public, except those who are licensed attorneys or otherwise authorized by law to represent persons on immigration or citizenship matters, shall hold himself or herself out as having expertise in providing legal advice on any proceeding, filing or action affecting the immigration or citizenship status of another person. For purposes of this section, “legal advice” means any direct or indirect advice or counsel related to provisions of the Immigration and Nationality Act including, but not limited to, assistance in the selection of immigration forms required by the Immigration and Nationality Act, advice or council related to responses to information required on forms by the Immigration and Nationality Act, or acting in a representative capacity in an attempt to redress wrongs or secure benefits provided by the Immigration and Nationality Act. Any notary public who provides nonlegal assistance on any proceeding, filing or action affecting the immigration or citizenship status of another person shall give the following notice to that person verbally and in writing: “I am not a licensed attorney or representative of any government agency with authority over immigration or citizenship and, therefore, cannot offer legal advice about immigration or any other legal matters.” If the notary public operates a business or advertises in any language other than English, such notice shall be given in both English and in the other language or languages. Literal translation of the phrase “notary public” into Spanish, hereby defined as “notario publico” or “notario”, is prohibited. For purposes of this section, “literal translation” of a word or phrase from one language to another means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language which is being translated.
 

 49 OK Stat §49-6.1.Violation of Section 6- Penalties

Any individual convicted of violating subsection B of Section 6 of Title 49 of the Oklahoma Statutes shall be guilty of a misdemeanor and shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00). Upon receipt of a final judgment against a notary public for a violation of subsection B of Section 6 of Title 49 of the Oklahoma Statutes from a district court of this state or its equivalent from a foreign jurisdiction, the Secretary of State shall revoke the appointment of the notary for a period of eight (8) years.

Licensing Agency UPL Awareness

The Secretary of State’s office does not seem to investigate or enforce UPL, However, on the Notary Public FAQ page, they state:

Where should a person report illegal, improper or questionable acts by a notary public?

Persons suspected of any wrongdoing or mistakes acting as a notary public should be reported to the local police department and/or the district attorney’s office. Since The Oklahoma Secretary of State is not an enforcement agency and does not employ legal counsel, it cannot accept reports of misconduct. When a final judgment from an Oklahoma district court is rendered against a notary public for performing a false or fraudulent notarial act, the Secretary of State can then revoke the notary public’s appointment.

Enforcement Mechanisms/Complaint Processes for UPL

One may file a complaint under the Consumer Protection Act or the Deceptive Trade Practices Act with the Attorney General’s Public Protection Unit.

Compliant forms can be found here.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Oklahoma, review the page on Lawyer Complaint Procedure from the Oklahoma State Bar, available here.

Contact Information for Relevant Agencies

Office of Attorney General .:

Office of Attorney General
Consumer Protection Unity
313 NE 21st Street
Oklahoma City, OK 73105
Tel: (405) 521-2029
Email: consumerprotection@oag.ok.gov

Notary Administration:

Notary Public Services
Secretary of State
421 N.W. 13th Street, Suite 210
Oklahoma City, OK 73103
Tel: (405) 521-2516
Form Requests: (405) 521-3912
Fax: (405) 522-3555
Email: notary@sos.ok.gov

Becoming a Notary Public

Applicants must:

  • Be a citizen of the United States.
  • A legal resident of Oklahoma or an out-of-state resident who is employed within Oklahoma.
  • Not have been convicted of a felony.
  • Be at least 18 years of age or older.

Applicants must submit the application either online or by mail with the $25.00 fee. A commission will be issued upon approval of the properly completed application and receipt of the appropriate fee. The application can be accessed here.

The Secretary of State has an online tool to look up current notaries that may be accessed here.