Choosing an Immigration Lawyer and ‘Notario’ Scams: Traps in the Korean Community
The first hurdle immigrants face in America isn't English, but trust. Every week, we see cases where the decision of whom to trust to accurately file paperwork and avoid losing a one-time opportunity can make all the difference.
The same scenes repeat in Korean neighborhoods in Queens and New Jersey. Large ads appear in Korean newspapers, church elders introduce “people they know well,” and notices are posted in a corner of tax offices offering to “look over immigration documents together.” Within this familiar and seemingly helpful scene, unqualified immigration law practices that are clearly prohibited by U.S. law are mixed in.
1. The Great Misunderstanding Caused by the Word ‘Notario'
“Even if it's the same word, once it crosses borders, its authority disappears.”
In the legal traditions of Latin America and Spain, a ‘notario público‘ is a highly qualified legal professional with much broader powers regarding notarization, contracts, and property transactions than a US notary public. It is a distinct profession separate from an attorney (abogado), and the specific qualifications and authorities vary by country. In contrast, a US notary public is closer to an auxiliary role that verifies the authenticity of signatures and identities, and has no authority to provide legal advice on immigration law. Although they share the same name, their powers are completely different. USCIS summarizes this point in a single line on its official ’Avoid Scams' page: only attorneys and DOJ-accredited representatives from recognized organizations are authorized to provide legal advice on immigration matters.
In the Korean community, variations even more common than the term ‘notario’ exist. These include consultants who front their background of “having worked at immigration,” cases where immigration paperwork is handled on the side in tax and accounting offices under the guise of “handling it together,” and informal referrals through churches or hometown association gatherings where someone is introduced as “an older brother who knows everything.” The title may not be ‘notario,‘ but the essence is the same: individuals lacking a law license or BIA accreditation accepting fees to handle immigration cases. To directly combat this, New York State maintains Article 28-C of the General Business Law (Immigrant Assistance Services). This law prohibits non-lawyer immigration assistance service providers from using or advertising titles such as ’notario‘ or ’notario público‘ in a manner that would lead clients to believe they possess special immigration expertise or the authority to provide legal advice (§460-d). However, this is distinct from a notary public lawfully appointed by the New York Secretary of State using the English title “notary public” itself. Advertisements must include a disclosure stating, "I am not an attorney and I am not accredited by the BIA," services cannot be provided without a written contract, and clients generally have a three-business-day right of cancellation without penalty (which can be waived in writing for emergencies). New Jersey goes a step further. Criminal code §2C:21-31 stipulates that if an unqualified immigration consultant de facto practices law, it is treated as a fourth-degree crime, and if they hold themselves out as an attorney or advertise as such, it is treated as a third-degree crime.
2. Pitfalls Unique to the Diaspora Community — When Trust Replaces Vetting
“The warmer the relationship, the colder the verification needs to be.”
In the United States, fraud that occurs within ethnic, religious, or linguistic communities based on trust is called affinity fraud. The Securities and Exchange Commission (SEC) and the Federal Bureau of Investigation (FBI) warn that this type of fraud is particularly effective in immigrant communities. This is because information flow within the community is isolated from the outside, the cost of verification is high due to language barriers, and the fear of exposing identity issues delays reporting.
The case of the Korean community is not limited to immigration consultants. In February 2025, an individual operating in Flushing who had already been disbarred in 2020 was sentenced to 54 months (4 years and 6 months) in prison by a federal court for embezzling escrow funds from Korean real estate clients and others. The court also ordered the forfeiture of approximately $3.27 million and restitution to victims of approximately $3.29 million. According to reported charges, large sums of money were funneled into a single person's account without review, based solely on the trust of being a “Korean lawyer,” and some transactions continued even after the individual was disbarred. This case shows that a license once granted is not necessarily valid today, and that directly checking current validity and disciplinary records is more important than the certificate itself.
More common pitfalls come in the form of “Tax accountants handle immigration too,” “Travel agents help with visa applications,” and “There's a knowledgeable person a deacon at church knows.” Among the cases discovered by the Division of Consumer Affairs under the New Jersey Attorney General's Office through sting operations, there were instances where notaries, tax accountants, and travel agents charged fees exceeding $1,500 for immigration services that only lawyers can legally perform. Incorrectly drafted documents don't just result in lost money. A single incorrectly filled-out box or a missing page can lead to green card rejection, denial of entry, or deportation proceedings.
3. Qualification Verification in 5 Minutes — Practical Procedure
“Trust is the starting point, and verification is the obligation.”
The simplest checks recommended on-site are three-step. First, if you are introduced to someone as a lawyer, search for them directly on the official state bar directory. New York State can be searched by name or registration number through the Attorney Search (iapps.courts.state.ny.us/attorneyservices) by the Office of Court Administration (OCA), and New Jersey can be searched on the NJ Courts“ attorney search portal (portalattysearch-cloud.njcourts.gov). This will show their current qualifications, registration status, office location, and disciplinary history. If their name does not appear in the search or is marked with ”resigned,“ ”disbarred,“ or ”suspended," they are not qualified to handle your immigration documents.
Second, if an employee of a non-profit organization, rather than an attorney, offers to assist with a case, verify if that organization and representative are recognized and accredited by the Department of Justice's EOIR. The EOIR publishes a “Recognized Organizations and Accredited Representatives Roster” that provides a list by state and city in PDF format. Non-profit employees, religious volunteers, or community center counselors who are not on this list and who handle immigration cases and charge fees under their own names are engaging in unauthorized practice.
Third, verify that the case is formally initiated. If an attorney or accredited representative is formally registered with USCIS, Form G-28 (Notice of Entry of Appearance as Attorney or Accredited Representative) will be submitted with the application, and all future notices, decisions, and interview schedules will be sent directly to the representative. Anyone unwilling to fill out a G-28, who refuses to have their name listed, or who advises to “handle this application yourself” is a red flag. USCIS also does not accept payments through Western Union, MoneyGram, PayPal, Venmo, or gift cards. Official USCIS emails and websites end in .gov, but scammers may try to impersonate them, so it's safer to verify directly with USCIS if you have any doubts.
If you have already been harmed, reporting it leads to faster recovery than silence.
“Your immigration status won't prevent you from reporting.”
After the damage is revealed, the most common remark is, “I couldn't report it for fear of my status becoming more endangered.” USCIS officially states that fraud reports do not negatively affect the applicant's case. Reporting channels can be used efficiently by dividing them according to the matter.
Fraud directly related to immigration benefits can also be reported anonymously through the USCIS Tip Form (uscis.gov/report-fraud/uscis-tip-form). Ineligibility practices at the Immigration Court and BIA levels, and general fraud targeting immigrants are handled by the Department of Justice EOIR's Fraud and Abuse Prevention Program at 877-388-3840 and EOIR.Fraud.Program@usdoj.gov (weekdays 8 AM-4 PM ET). At the state level, New York State Attorney General's Office Immigration Services Fraud Hotline (212) 416-6149 and the New Jersey Attorney General's Division of Consumer Affairs at 1-800-242-5846 (within NJ) and 973-504-6200 operate separately. The Federal Trade Commission (FTC) accepts reports in English and Spanish at reportfraud.ftc.gov, and other languages can be accessed through an interpreter by dialing (877) 382-4357 and selecting the number 3.
If you suspect misconduct by a lawyer themselves, there is a separate path. In New York State, the Attorney Grievance Committee under the Appellate Division of the county where the lawyer's office is located handles written complaints. In New Jersey, the Office of Attorney Ethics (609-403-7800, oae.mbx@njcourts.gov) under the Supreme Court accepts written complaints. Both procedures can be initiated directly by any citizen, not just lawyers, and there is no cost involved. The complaint itself does not affect the applicant's immigration status.
Closing remarks
The virtues of *jeong* (deep emotional connection) and trust within the Korean community are the greatest assets for immigrants. However, in the realm of immigration law, that trust cannot replace a verification process. A similar name does not grant the same authority, kindness does not imply qualification, and being from the same hometown does not always mean safety.
There are things that take 5 minutes before taking on a case. It involves searching for the lawyer's name on Google, checking the EOIR list, and asking if your name is officially on the G-28. If you feel you're already on the wrong path, the fastest way to start recovering is not through silence, but by reporting through the correct channels. Self-purification of the community begins not with grand campaigns, but with each of these checks.
Disclaimer: This column is for general information purposes only and is not legal advice for your specific case. You should always consult with an attorney who specializes in immigration law for your individual case.
Law Offices of Jin D. Cho
NEW YORK OFFICE (Flushing) 35-24 154th Street, Flushing, NY 11354
(t) 718-353-2699 (f) 718-353-8132
NEW JERSEY OFFICE 560 Sylvan Avenue, 3Fl., Englewood Cliffs, NJ 07632
(t) 201-449-0009