What is the Difference Between an Attorney and a Notary?

BY lizeth torres tomas
enlace latino nc

Understand the differences between an attorney and a notary in the United States,
​especially in relation to immigration advice and procedures.

When it comes to legal issues, especially in the field of immigration, it is important to understand the differences between the various professionals who can help in these processes.

In many countries, the terms lawyer and notary can have different meanings, which often leads to confusion, especially in the United States.

In this article, we will explain the key differences between an attorney and a notary public, specifically when it comes to immigration issues.

NOTARY PUBLIC
A notary public is an official who offers professional services to the public, including those related to foreign or international business relationships.

Notaries are tasked with confirming the validity of documents, taking sworn statements, and handling affidavits, among other responsibilities, but they do not provide legal advice.
U.S. notaries cannot offer assistance on immigration matters, and such actions may be considered an unauthorized practice of law.

While a U.S. notary does not need to be an attorney, in many other countries, a notary public is required to have a law degree and is considered a legal professional with the ability to offer legal advice.
It is a common misconception that the role of a notary public in the United States is equivalent to that of a “notary” in Latin America.

Notaries only verify the identity of the person signing a document and cannot offer legal advice. Their function is strictly limited to witnessing the signing of documents.

It is illegal for a person to advertise themselves as a notary in Spanish. Notaries in Latin America differ considerably from those in the United States; here, you can only promote your services if you can perform them in English.
The function of a notary is strictly limited to giving legal validity and ensuring that the person signing the document is who they say they are, and nothing more.

ATTORNEY
In comparison, an attorney, especially for immigration needs, has the ability to effectively navigate the complexities of the legal system.
With experience in their field, attorneys have formal legal training, which makes them qualified to handle the following immigration situations:
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- Visa Applications
- Representation in court
- Deportation Defense
- Procedures for permanent residence, naturalization, family reunification, among other immigration processes

In addition, they can offer legal advice to their clients and offer advice on legal strategies in the face of changes in immigration laws.