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Immigration paperwork

Immigration paperwork: what a notary can and can't do

In many countries a notario is a lawyer. In the United States, a notary public is not, and can't give immigration advice. Here's what a notary can do for you, and where to get real help.

A notary is not a lawyer

Only licensed attorneys and accredited representatives may give immigration advice or prepare immigration forms for you. USCIS forms are free to download. A notary who advertises must say they are not an attorney and can't give immigration advice. (N.J.S.A. 52:7-17) If someone charged you for immigration advice and isn't a lawyer, report it to NJ Consumer Affairs, which does not ask about immigration status. (NJ Human Services)

What usually doesn't need a notary

  • Form I-864, Affidavit of Support: the sponsor signs under penalty of perjury; a notary hasn't been required since 2006. Check the current instructions on the form.
  • Translations for USCIS: a full English translation plus the translator's signed statement that they're competent and the translation is accurate. The rule doesn't call for a notary.

What a notary can do

  • Notarize a support letter or affidavit that the attorney or the receiving office says must be sworn.
  • Notarize documents going abroad, which may then need an apostille from the State. (NJ apostilles)
  • Witness signatures on documents your attorney prepared.

Where to get real help

A licensed immigration attorney, or a nonprofit with accredited representatives. Legal Services of New Jersey: 1-888-576-5529. Apostille services · Support letters · En español

General information, checked November 2026. Not legal advice. MCC Solutions is not a law firm.

Questions

Does the I-864 Affidavit of Support need to be notarized?

No. The sponsor signs under penalty of perjury. Always follow the instructions printed with the current form.

Can a notary fill out my immigration forms?

No. Only attorneys and accredited representatives may prepare immigration forms or give advice. A notary only checks identity and witnesses signatures.

Does a translation need to be notarized for USCIS?

The rule asks for a certified translation: the translator's signed statement of competence and accuracy. It doesn't require a notary.

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