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Just PoliticsLeisure
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You are replying to this message:
 Donna, here is your source to reference for the definitive
Posted by  Christine/OK on 3/27/17 6:56am

data on your query: The CA SoS Notary News on Page 4 => http://notary.cdn.sos.ca.gov/forms/notary-newsletter-2016.pdf (Thanks go out to ananotary for the link)


"Immigration Documents"

"A notary public can notarize the signature on a document affecting the immigration or
citizenship status of any person; however, under current law, a notary public who is not also an
immigration consultant may not do the verification tasks in connection with completing
immigration forms because this activity prohibited by the broad language of California
Government Code section 8223. Only an attorney, a representative accredited by the U.S.
Department of Justice, or a person who is registered by the California Secretary of State and
bonded as an immigration consultant under the California Business and Professions Code
section 22441 may assist a client in completing immigration forms. Additional information
concerning immigration consultants, including the offering of nonlegal assistance or advice on
immigration matters, the qualifications to act as an immigration consultant and the requirements
of an immigration consultant can be found in California Business and Professions Code section
22440 et seq.

The I-9 Federal Employment Verification Form is an immigration document in that it covers both
citizens and noncitizens and also requires the employer or authorized representative to record
and verify data. The duties of an immigration consultant cover these tasks too. Even if a notary
public is functioning in a non-notarial capacity and does not use the phrase “notary public,” a
notary public who is not an immigration consultant as well is prohibited from completing the I-9
Federal Employment Verification Form.

A notary public acting only in the capacity of a notary public may notarize the signature(s) on the
I-9 Federal Employment Verification Form. Unless a notary public is qualified and bonded as an
immigration consultant, a notary public may not enter data provided by a customer on an
immigration form or provide the services of an immigration consultant.
There are special rules that apply to notaries public who are also immigration consultants, or
advertise their services in a language other than English. A notary public is barred from
advertising in any manner whatsoever that he or she is a notary public if the notary public also
promotes himself or herself as an immigration specialist or consultant. (California Government
Code section 8223.)"
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