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Immigration/Foreign Language

Carlos visits a notary public who is also a qualified and bonded immigration consultant. Carlos asks the notary to tell him which immigration form he should file and how he should answer specific questions on the form. What may the notary do?

A

The notary may advise Carlos on which form to use, since the notary is a registered immigration consultant

B

The notary may do both as long as Carlos signs a waiver acknowledging that the notary is not an attorney

C

The notary may enter data provided by Carlos onto the immigration form, but may not advise Carlos on which form to use or how to answer questions on the form

D

The notary may answer factual questions about the form but may not give legal advice about strategy

Correct Answer

C. The notary may enter data provided by Carlos onto the immigration form, but may not advise Carlos on which form to use or how to answer questions on the form

AI Explanation

Limits of immigration consultant services for notaries. Government Code section 8223 permits a notary who is qualified and bonded as an immigration consultant to enter data provided by the client on immigration forms — but nothing more. The notary may not advise the client on which form to use, how to answer questions, or give any other guidance about the immigration process. Those activities constitute legal advice and are prohibited.

Immigration/Foreign Language Question #263
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