Immigration Consultants and Notario Fraud in Utah: What the Law Requires and What Is Illegal
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah's Immigration Consultants Registration Act (Utah Code Title 13, Chapter 49), a person who isn't a lawyer (or federally authorized to represent people before USCIS or the Board of Immigration Appeals) may offer only nonlegal assistance on immigration matters, and may do so for pay only if registered with the Division of Consumer Protection. The consultant must keep a $50,000 surety bond or certificate of deposit, give you a written contract in English and your native language, let you cancel within three business days, give signed receipts, deliver copies of documents they complete, and return your original documents (§§ 13-49-201, -204, -301, -302, -305). It's unlawful to give false or misleading statements, to promise results without basis and in writing, to claim special influence with USCIS, or to translate terms in a way that falsely implies the consultant is an attorney (§ 13-49-401). Intentional violations are a class A misdemeanor; a victim can recover the greater of $500 or twice their loss, plus costs and attorney fees (§§ 13-49-402, -404).
Who this guide is for
Utahns who paid someone — a "notario," a tax-preparer, a travel agency or an online service — for immigration help, and anyone deciding whom to trust. Immigration consultants are not lawyers; this guide explains what Utah law demands of them. For federal-level fraud guidance, see Free and Low-Cost Immigration Legal Help in Utah.
What an immigration consultant may and may not do
May (nonlegal help): complete a government form (but not advise you on your answers), translate your answer, collect supporting documents like a birth certificate, submit your completed form to USCIS at your request, or refer you to someone who can provide legal representation (§ 13-49-102(4)).
May not: give legal advice or represent you. An immigration consultant "may only offer nonlegal assistance or advice" (§ 13-49-201(3)).
Who is exempt from registration: lawyers authorized to practice in Utah and people authorized by federal law to represent individuals before the Board of Immigration Appeals or USCIS (such as accredited representatives) (§ 13-49-201(2)).
What the law requires of a registered consultant
| Requirement | Statute |
|---|---|
| Register with the Division of Consumer Protection before offering services for compensation | § 13-49-201 |
| $50,000 bond (surety bond or certificate of deposit), and may not advertise as a consultant without it | § 13-49-204 |
| Written contract before services, in English and your native language, stating the services, price, documents to prepare, filing agency, expected processing time, and that the consultant is not an attorney (12-point boldface) | § 13-49-301 |
| Three business days to cancel (notice in bold on page one) | § 13-49-301(1)(c), (3)(h) |
| Complaint information for the Division, the U.S. Department of Justice's immigration assistance office, and the Utah State Bar (for unauthorized practice of law) in the contract | § 13-49-301(3)(f)–(g) |
| Signed receipts on letterhead for every payment; accounting every two months in your language | § 13-49-302 |
| Copies of documents completed for you, retained three years; originals returned (passport, birth certificate, etc.) | § 13-49-305 |
What's unlawful (§ 13-49-401)
- Making a false or misleading statement.
- Promising or guaranteeing results unless in writing and with some basis in fact.
- Claiming special influence with USCIS or any official.
- Charging a fee to refer you to someone for services the consultant can't or won't provide.
- Representing that the state endorses the consultant.
- Translating a document or information so as to falsely imply the consultant is an attorney.
Penalties and your remedies
- The Division can impose an administrative fine up to $2,500 per violation, sue for an injunction, disgorgement of money received, and fines up to $2,500 per violation (§ 13-49-402).
- An intentional violation is a class A misdemeanor with a fine up to $10,000; a violation is intentional if it continues after notice by certified mail from the Division, the Attorney General or a county attorney.
- You may sue for the greater of $500 or twice your pecuniary loss, plus costs and reasonable attorney fees (§ 13-49-404).
- The bond can be claimed by the Division for the benefit of a client damaged by fraud, misrepresentation, unlawful act, or failure to provide services (§ 13-49-204).
If you were scammed
- Gather everything: contract, receipts, texts, copies of forms, and any USCIS or court notices.
- Get your original documents back and request copies of what was filed.
- Talk to a lawyer or accredited representative immediately about the status of your case; a bad filing can have lasting effects.
- Report to the Utah Division of Consumer Protection (801-530-6601), the Utah State Bar (unauthorized practice of law), the FTC, and the federal immigration-fraud programs. USCIS says reporting someone else's scam generally won't harm your case if you weren't involved.
- Consider small claims for smaller losses. See How to File a Small Claims Case in Utah and Consumer Rights Overview.
Frequently asked questions
Is a "notario" a lawyer?
No. In Latin America a notario can be a lawyer, but in the United States a notary public has no authority to give legal advice or represent you in immigration matters.
Can an immigration consultant file my forms?
A registered consultant may complete forms from your information and submit them at your request, but may not advise you on your answers.
Can I cancel the contract?
Yes, on or before midnight of the third business day after signing.
How much is the bond?
$50,000, held for the benefit of people harmed by the consultant.