When it comes to legal issues, especially in the field of immigration, it is important to understand the differences between the various professionals who can assist in these processes.
In many countries, the terms lawyer and notary can have different meanings, which often leads to confusion, especially in the United States.
In this article, we will explain the key differences between a lawyer and a notary public, especially as they relate to immigration matters.
Related: Organizations that offer legal help to immigrants in North Carolina
Public notary
A notary public is a public official who provides professional services to the public, including those related to foreign or international business relations.
Notaries are tasked with confirming the validity of documents. documents, take sworn statements and handle affidavits, among other responsibilities, but do not provide legal advice.
U.S. notaries are not permitted to provide assistance in immigration matters, and such actions may be considered the unauthorized practice of law.
While a U.S. notary does not need to be a lawyer, in many other countries, a notary public is required to have a law degree and is considered a legal professional with the ability to offer legal advice.
It is a common misconception that the role of notaries public in the United States is equivalent to that of a “notario” in Latin America.
Notaries only verify the identity of the person signing a document and cannot offer legal advice. Their role is strictly limited to witnessing the signing of documents.
It is illegal for a person to advertise as a notary in Spanish. Notaries in Central and Latin America differ considerably from those in the United States; here, you can only advertise your services if you can do so in English.
The function of a notary is strictly limited to giving legal validity and ensuring that the person signing the document is who he or she claims to be, and nothing more.
Related: What to do if you are stopped by the police or immigration while driving
Lawyer
In comparison, an attorney, especially for immigration needs, has the ability to effectively navigate the complexities of the legal system.
Experienced in their field, attorneys have formal legal training, making them qualified to handle the following immigration situations:
- visa applications
- Representation in court
- Defense against the deportation
- Procedures for permanent residence, naturalization, family reunificationr, among other migration processes
In addition, they can offer legal advice to their clients and offer advice on legal strategies in the face of changes in the immigration laws.
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