Notary Public vs. "Notario": What Hispanic Families in Florida Should Know

Consumer protection guide

Notary Public vs. "Notario": What Hispanic Families in Florida Should Know

In many Latin American countries, a "notario público" is a licensed attorney with years of legal training. In the United States, a notary public is not a lawyer and cannot give legal or immigration advice. Scammers use this confusion to take advantage of Spanish-speaking families.

The Difference Between a "Notario" and a U.S. Notary Public

Feature"Notario" in Latin AmericaNotary Public in Florida
TrainingLaw degree requiredNo law degree required
Legal adviceYesNo
Prepares legal documentsYesNo
Represents in immigration mattersVaries by countryNo
Primary functionDrafts and authenticates legal actsVerifies identity and witnesses signatures

What a Florida Notary Public Can Do

  • Verify the identity of the person signing
  • Witness the signing of documents
  • Administer oaths and affirmations
  • Certify copies of certain non-recordable documents
  • Perform marriage ceremonies in Florida

What a Florida Notary Public Cannot Do

  • Give legal advice
  • Choose or fill out legal forms for you
  • Prepare immigration documents
  • Represent you before immigration authorities or a court
  • Charge fees for legal advice
  • Advertise using the title "notario" or "notario público"

Why Florida Law Bans These Terms

Florida Statute §117.05(11) prohibits a notary public from using the terms "notario" or "notario público" in advertising. It also prohibits titles such as "immigration consultant" or "immigration specialist" for anyone not authorized to represent immigration cases.

The law exists because these terms lead people to believe they are speaking with an attorney.

Warning Signs of Fraud

Be cautious if someone:

  • Introduces themselves as a "notario" and offers help with your immigration case
  • Promises guaranteed results, such as a work permit or green card
  • Asks you to pay for government forms that are free
  • Keeps your original documents
  • Asks you to sign blank forms or forms with false information
  • Does not give you a receipt or copy of what you signed
  • Tells you not to speak with an attorney

Frequently Asked Questions

Are a "notario público" and a U.S. notary public the same thing?
No. In Latin America, a notario is a licensed attorney with a law degree. In the United States, a notary public verifies identities and witnesses signatures but is not a lawyer and cannot give legal advice.
Can a notary public help me with my immigration case?
No. A notary public cannot prepare immigration forms or give you legal advice. For immigration matters, you need a licensed immigration attorney or a DOJ-accredited representative.
Can a notary public notarize immigration documents?
Yes — a notary public can notarize your signature on supporting documents such as affidavits or letters. They cannot tell you which documents you need or how to fill them out.
How do I verify that someone is a real attorney?
Search their name in The Florida Bar attorney directory at floridabar.org. Only attorneys with an active Florida license appear in that directory.
What should I do if I already paid a fake "notario"?
Keep all your receipts and documents and report it to the Florida Attorney General at 1-866-966-7226. Florida law allows victims to sue for damages.

Need a Notary Public in Miami?

Notary Near Me Miami notarizes powers of attorney, travel consent letters, proof of life certificates, affidavits, and documents for apostille, in English and Spanish.

  • • 24-hour mobile notary across Miami-Dade County
  • • Offices on Biscayne Blvd and West Flagler, Monday–Friday, 9:30 AM–5:30 PM
  • • Online notarization by appointment

NO SOY ABOGADO CON LICENCIA PARA EJERCER LA LEY EN EL ESTADO DE FLORIDA, Y NO PUEDO DAR ASESORÍA LEGAL NI ACEPTAR HONORARIOS POR ASESORÍA LEGAL.

I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.