The material in this article is general legal information for educational use only. It should not be treated as legal, financial, or tax advice, and reading it does not form an attorney-client relationship. Legal rules vary by jurisdiction and change frequently. Questions about a specific matter belong with a qualified professional. The author and publisher disclaim liability for actions taken in reliance on this content.
Key Facts
- Federal level: USCIS warns that only an attorney or an accredited representative working for a DOJ-recognized organization is authorized to give legal advice on immigration matters.
- Federal level: USCIS states that a “notario publico” is not authorized to provide legal services related to immigration benefits in the United States.
- National overview: USCIS says reporting immigration scams will not affect an immigration application or petition and directs scam reporting to state consumer protection offices.
- State level: USCIS notes that many states allow scams to be reported anonymously.
- Federal level: Under 8 CFR Part 292, except as set forth, no other person may represent others in immigration cases, and the regulation defines “accredited representatives.”.
- Federal level: EOIR’s Recognition and Accreditation (R&A) program explains how non-attorney accredited representatives may represent aliens before DHS and EOIR.
- Federal level: EOIR R&A materials describe changes to required organization forms, including EOIR-31 and EOIR-31A effective as of November 3, 2023.
- Federal level: EOIR R&A materials describe accreditation renewal training updates, including an updated training-hour requirement effective December 15, 2025.
Last reviewed: May 2026. Legal rules, forms, deadlines, and procedures can change by jurisdiction, agency, and court system.
- Why “notario fraud” shows up in immigration scam warnings
- The federal baseline for representation and immigration legal advice
- EOIR’s Recognition and Accreditation (R&A) program for accredited representatives
- Federal discipline for conduct that falls outside authorized immigration practice
- Scam reporting guidance and the state role in reporting locations
- A quick comparison of “notario” warnings vs. federal accredited representation
- Related legal information
- Sources
Why “notario fraud” shows up in immigration scam warnings
USCIS uses “notario publico” language in its immigration scam-prevention materials to warn that a person described as a notario publico is not authorized to provide legal services related to immigration benefits in the United States.
USCIS also frames immigration legal advice as something that only an attorney or an accredited representative working for a Department of Justice (DOJ)-recognized organization may provide.
The federal baseline for representation and immigration legal advice
Federal regulations set boundaries on who may represent others in immigration cases.
Under 8 CFR Part 292, “except as set forth” no other person may represent others in any case, and the regulation identifies “accredited representatives” as persons representing organizations described in 8 CFR § 292.2 who have been accredited by the Board.
Because these rules come from federal regulations, the “title” used in scam advertisements does not change who is authorized under the federal framework.
EOIR’s Recognition and Accreditation (R&A) program for accredited representatives
The DOJ/EOIR R&A program connects the federal concept of an “accredited representative” to an official recognition and accreditation process.
The EOIR R&A program page explains that federal regulations at 8 C.F.R. § 1292.1(a)(4) allow non-attorney “Accredited Representatives” to represent aliens before the Department of Homeland Security (DHS) and the Executive Office for Immigration Review (EOIR), which includes immigration courts and the Board of Immigration Appeals (BIA).
EOIR’s framework treats accreditation as time-limited through the structure described in 8 CFR Part 292, including accreditation validity and renewal mechanics.
The EOIR R&A program page also highlights time-specific updates, including that organizations were required to use new forms EOIR-31 and EOIR-31A as of November 3, 2023, and that EOIR updated renewal training requirements with a new training hour requirement as of December 15, 2025.
Federal discipline for conduct that falls outside authorized immigration practice
EOIR’s disciplinary regulations address practitioner conduct that falls outside what the federal rules permit.
Under 8 CFR 1003.102, EOIR’s disciplinary sanctions may apply to conduct such as assisting someone else in activity that constitutes the unauthorized practice of law and acting outside the scope of the representative’s approved authority as an accredited representative.
Scam reporting guidance and the state role in reporting locations
USCIS treats immigration scam reporting as separate from the immigration adjudication process.
USCIS states that “reporting scams will not affect” an immigration application or petition.
USCIS also directs scam reporting to state consumer protection offices and notes that many states allow reporting anonymously.
In practice, that guidance creates a division between (1) federal immigration-authorization rules about legal advice and representation in immigration matters and (2) state consumer-protection reporting channels for scam information.
A quick comparison of “notario” warnings vs. federal accredited representation
USCIS and the federal regulations use different labels depending on the purpose of the guidance:
| Topic name used in public warnings | Federal authorization concept in official sources |
|---|---|
| “Notario publico” | USCIS states that a “notario publico” is not authorized to provide legal services related to immigration benefits. |
| Accredited representative | Federal regulation (8 CFR Part 292) defines accredited representatives, and EOIR’s R&A program describes how accredited representatives may represent aliens before DHS and EOIR. |
