What to do if a notario or immigration consultant cheated you

This page is for people in California who already paid a notario or consultant and got hurt. It is general information, not legal advice. To spot a scam before you pay, see Warning signs of an immigration scam. For the full list of rules a consultant must follow, see What an immigration consultant in California must do by law.

Was I cheated, or just unlucky?

If any of these happened, you can report it:

• Someone who is not a lawyer or a DOJ accredited representative told you which form to file, what to answer, or that you qualify for something
• They called themselves a "notario" or immigration expert
• They took money and did not do the work, or filed late
• They filed the wrong form, or put false facts on a form
• They charged you for a program or law that did not exist
• They kept your passport, birth certificate or other originals
• They gave you no written contract in English and your language

In California, only a licensed lawyer or a person accredited by the U.S. Department of Justice may give immigration legal advice. A consultant may only do paperwork help, like typing your answers and translating. A notary or "notario público" may not give immigration legal advice at all. The California Attorney General said this plainly in a June 27, 2025 warning.

We know it hurts to be cheated by someone who seemed to care. Speaking up protects you and your neighbors.

What should I do first?

Do these in order. Do not wait for a report to be decided before you protect your case.

1. Stop paying. Do not pay more money, even if they say it will fix the problem.
2. Do not sign anything new they give you.
3. Gather what you have. Contract, receipts, texts, ads, business cards, letters from immigration, and copies of anything they filed. Use the checklist.
4. Write down what happened while you remember it: dates, amounts, what they promised, and who was there.
5. Get a second opinion on your case from a lawyer or accredited representative. Bring everything. See What to bring to your first meeting with an immigration lawyer.
6. Ask for your papers back in writing. See below.
7. Report it, and then go after your money.

How do I protect my immigration case?

This comes first. A wrong or false filing can harm your case for years. A missed date can be worse.

• Have a hearing or interview soon? Call a free legal group today. Say, "Someone who was not a lawyer worked on my case, and I have a date coming." Go to every hearing and appointment. See Do I have to go to immigration court?
• Not sure what was filed? A lawyer can help you request a copy of your immigration file. See How to get a copy of your immigration file.
• Do not try to fix it alone. Filing another form on your own, or going back to the same person, can make things worse. Let an honest lawyer or accredited representative decide the next step.

How do I get my papers and my file back?

California law is on your side here (Business and Professions Code 22443). A consultant must:

• Give back your original papers, like a passport, birth certificate or utility bills. Originals that do not have to go to immigration as originals must be returned right after they are copied.
• Give you a copy of every form they filled out for you, with their name and address on it.
• Keep copies of your file for at least 3 years after their last work for you.
• Give your file to law enforcement if you sign a written consent.

Ask in writing. Send a short letter or text: "Please return my original documents and a copy of every form you prepared or filed for me by [date]." Keep a copy and a photo of anything you send. If they refuse, add that to your report.

How do I report a notario in California?

You can report to more than one place. Each one does something different.

What to include in any report: the person's name and business name, address and phone, what they promised, how much you paid and how, dates, and copies (never originals) of your contract, receipts, texts and ads.

The Federal Trade Commission also takes scam reports at ReportFraud.ftc.gov. On October 21, 2026, that site said it could not take reports because of the federal government shutdown. Report to the state first.

Will reporting hurt me because of my status?

Here is what the offices say about status, as of October 19, 2026:

• State Bar: you do not need to be a citizen to file, and it does not ask for or track immigration or citizenship status.
• Secretary of State: it says law enforcement will look into your complaint whatever your immigration status.
• Attorney General: its complaint form does not ask about status. Do not put your Social Security number or bank numbers in your report.

The EOIR page does not say how it handles the status of people who report. If you are worried, talk with a free legal group before you report to a federal office. Reporting to the State Bar, Attorney General or District Attorney is a good place to start.

Can I get my money back?

Often, yes, or at least part of it. You have several paths, and you can use more than one.

Within 72 hours of signing. You can cancel a consultant contract and get all your money back. Cancel in writing and keep a copy. After 72 hours you can still cancel in writing at any time. The state's standard contract (16 CCR 3840) says you then owe the full fee only if the work was substantially done. Otherwise you owe the reasonable value of the work actually done plus costs, and never more than the full fee. If the consultant did little or nothing, that can mean most of your money should come back.

Ask for it in writing. Send a dated letter asking for a refund by a set date. List what you paid and what was not done. Keep a copy.

Small claims court. For up to $12,500, you can sue on your own. Lawyers cannot speak for you there, and fees run $30 to $100, with a fee waiver if you cannot pay. See How to get your money back in small claims court.

A lawsuit under the consultant law. California law lets a person hurt by a consultant sue. If the court finds the law was broken, it awards your actual losses plus three times your damages or $1,000 per violation, whichever is more, and your lawyer's fees (Business and Professions Code 22446.5). Ask a lawyer whether this fits your case.

The consultant's bond. Every consultant must file a $100,000 bond with the Secretary of State. It covers people hurt by the consultant's fraud, lies, illegal acts or failure to provide services. That $100,000 is the total for all victims, not for each one. The law says a person awarded damages can collect from the bond (Business and Professions Code 22447), but it does not spell out the steps. Ask a lawyer or legal aid group how to claim against the bond company. Look up the bond on the Immigration Consultant Search. If you cannot find a bond, say so in your report.

A criminal case. Breaking the consultant law is a crime. The fine runs $2,000 to $10,000 for each client hurt, and paying back clients comes before the fine (Business and Professions Code 22445). Your report helps make that happen.

How long do I have?

Act now. For the consultant law's penalties, the case must start within 4 years after the fraud is found out (Business and Professions Code 22445). Other claims can have shorter deadlines. Ask a lawyer about yours.

What mistakes should I avoid?

• Going back to the same person, or a friend of theirs, to fix the problem
• Paying a second "fixer" who promises to undo the damage
• Handing over your only copy of any paper. Send copies
• Waiting until your report is decided before you get legal help for your case
• Signing a paper that says you will not report them in exchange for a partial refund, without asking a lawyer first

Questions people ask

They say they will report me to immigration if I complain. What do I do? Do not pay them. Keep the message. Tell a free legal group and include the threat in your report to the District Attorney or police.

The office closed and I cannot find them. Can I still report? Yes. Report with whatever you have: a name, a phone number, an ad, a receipt. Others may have reported the same person.

They were a notary public. Is that different? Not for this purpose. The California Attorney General says notaries public in the U.S. are not allowed to give immigration legal services. Being a notary does not make someone a lawyer, so a notary may not choose your forms or tell you what to answer.

My church or community group wants to help people with forms. How do we stay safe? See Can our church or community group help neighbors fill out immigration forms?

Who can help?

These are free or low cost public offices and nonprofit legal programs. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): immigration help for people with low income in San Mateo and Santa Clara counties. 1861 Bay Road, East Palo Alto. 650-326-6440. clsepa.org
• Legal Aid Society of San Mateo County: for San Mateo County residents. (650) 558-0915. legalaidsmc.org
• More free immigration help near you: Free or low cost immigration legal help in the Bay Area and the state's list of funded legal services, (916) 651-8017.
• Find an honest lawyer: How to find a lawyer you can trust.

What happened to you can be reported, and your case can often still be helped. Take one step today.

Is there a checklist I can print?