Notaries can not speak on immigration issues
The need for low-cost legal assistance
The need for low-cost legal assistance has made use of consultants flourish without much knowledge of immigration laws, which often do nothing but pave the way for the deportation of their clients, according to authorities.
Therefore proliferate in the United States laws that seek to prevent unqualified persons providing legal advice to immigrants.
Fifteen states have laws prohibiting the operation of "on immigration consultants" and notaries – as defined in Spanish of the term – non-lawyers and six others, including Washington, are working on similar legislation, according to the Conference National State Legislatures.
Washington has many experiences of immigrants ill-advised.
In 2003, 150 people were deported after legal advice from a woman who introduced herself as a lawyer and was not. In 2009, state prosecutors ordered an investigation of 11 cases of people suspected of giving legal advice to immigrants without being enabled. Last year, three cases in immigration law experts agreed to pay thousands of dollars in damages to people who badly advised.
Washington and joined the list of states considered bills aimed at preventing people from falling victim of unscrupulous people offering advice without being prepared or qualified to do so.
The state Attorney General Rob McKenna said that the inability of some advisers and the lack of state oversight is a lethal combination resulting in many sports that could be avoided.
McKenna is working with legislators to eliminate weaknesses in the laws that allow the activities of notaries who offer similar services to those who perform in Latin America, ignoring the fact that in America there are other very different regulations.
"Many people make presentations to the immigration service should be accepted," said Deputy Attorney General Pedro Bernal. "But if you follow the steps or provide appropriate information, can be deported."
Opponents of the bills
Opponents of the bills say the measure limits the availability of cheap legal advice for foreigners wishing to obtain citizenship.
Current laws allow "workers on immigration issues" translate documents from people who want to gain citizenship.
But McKenna says that unscrupulous people take advantage of the confusion generated by the term "notary". In Spanish a notary is a public official who meets certain features similar to those of lawyers, while in the U.S., "notary public" are people who simply checks the validity of a signature on a document. Often people who are not qualified to offer advice inappropriate and end customers deported.
Thus, people sometimes hire a "notary", enabled only to verify signatures, thinking it is able to provide legal services such as notaries in their country.
"He is an attorney without a license. That is a crime," said Bernal. "The community's needs, but are not qualified to offer such advice," he said.
The initiatives under consideration would eliminate the term "wizard on immigration" and would require that any person who offers advice in this area is an attorney licensed in Washington state, or national meets the requirements for the practice of law. For example, it is a law student supervised by a lawyer.
The law would set penalties for violators.
Rep. Phyllis Gutierrez Kenney sponsored the project in the lower house in the hope of preventing people to pay for inadequate services.
"(Notaries) are not lawyers," he said. "When an immigration assistant choose the wrong form, ruining the chances of his client to do a procedure."
The migration assistant Raymundo Olivas said the state should educate the public rather than prohibit the operation of the attendees.
Olivas, founder of MultiServices in Seattle, said the government should ensure "that the customer can bring in someone who does not charge too much instead of being forced to resort to a lawyer", which is much more expensive.
His firm provides basic advice on immigration issues and recommended lawyers for delicate procedures.
Olivas admits that it is unfair for notaries to take advantage of people, but added that the fees charged by lawyers are also unfair.
"It's as if only doctors, not nurses," he said. "There are many competent individuals who do not abuse the system but work with the system."
Jorge Baron, executive director of the Northwest Immigrant Rights Project, which works with the attorney in drafting new laws, says the costs of legal representation are high but inevitable, because the immigration laws "are complex and require much training and long time. "
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