Notario fraud leaves immigrants vulnerable to deportation

Alexander Mendoza was looking for help to get a legal work permit. In January 2021, the 47-year-old Cuban immigrant had been living in the U.S. for a year and wanted to work as a handyman in Hillsborough County. His dream was to become a U.S. citizen someday.

Friends told Mendoza about a woman in Miami, a “notario” named Yeline García. They said she’d helped them with their immigration forms.

When Mendoza showed up to her office, he saw photos and diplomas adorning her walls. García told him she could help.

“I trusted her because I don’t speak English and she looked like a decent person,” Mendoza said. He gave her $2,500 in cash he’d borrowed from friends and family.

Mendoza didn’t know he was falling victim to immigration notary fraud.

In the U.S., notary publics are trained to certify contracts and other documents, but are not necessarily lawyers and cannot provide legal advice in their notary role.

But in Latin America, “notario público” refers to a highly trained legal professional. The similarity in the terms can create opportunities for confusion and for fraudsters to make immigrants think they are working with a qualified attorney, according to the American Bar Association.

The Federal Trade Commission and others have warned about notario scams, saying migrants can end up handing over money and documents to someone who then does nothing to help them.

Such notarios may incorrectly fill out forms, overlook crucial deadlines, and submit false information without the immigrant’s knowledge. That could mean immigrants may miss chances for legal residency, face deportation or risk civil and criminal liability.

“Unfortunately, that’s what happened to my client,” said Tampa attorney Lisette Sánchez, who now represents Mendoza and other victims of immigration and notario fraud.

Mendoza left his native Cienfuegos, Cuba, five years ago and came to the U.S. after traveling through Nicaragua, Honduras, Guatemala and Mexico. He was transferred to a detention center in Mississippi where he spent 11 months while his immigration case was reviewed by a judge, who eventually granted him release on bond. He then moved to Tampa.

In Miami, García submitted Mendoza’s application for a work permit by submitting a fraudulent document from an immigration judge saying Mendoza was released under a category used for immigrants fearing persecution in their home country.

García didn’t mention that Mendoza was released on bond.

Mendoza obtained his work permit, unaware that García had forged a judge’s order. Later, when Mendoza applied for permanent residency, García filled out an immigration form stating that Mendoza came to the U.S. legally and not by crossing the border. She also forged Mendoza’s signatures without his knowledge.

Mendoza said he had no idea until he went to immigration attorney Sánchez last year to adjust his legal status under the Cuban Adjustment Act — which provides an easier path to lawful permanent residency.

“I didn’t know anything,” said Mendoza, who works in Thonotosassa fixing RVs. “García ruined my life.”

Last year, García was sentenced to three years in federal prison for making false statements on immigration applications and for aggravated identity theft related to other migrants’ cases.

Mendoza is now fighting deportation due to the inaccurate information and fraudulent documents submitted in his name by García.

“I just want to keep prospering in this country but I can’t sleep thinking about all this. It’s a nightmare,” Mendoza said.

Community leaders, lawyers, authorities and nonprofits are working to help people avoid scammers and the risk of becoming a victim of notario fraud.

U.S. Citizenship and Immigration Services offers information on finding legal services to assist individuals in navigating the immigration process and avoiding fraud.

In a statement, the agency said it recognizes that the immigration process can be complex and that applicants “are at risk of becoming victims of scams or fraud.”

“We encourage them to be vigilant and use the information about avoiding scams on the (U.S. Citizenship and Immigration Services) website to help safeguard information and avoid becoming a victim.”

Advocate Ana Lamb said she receives at least two complaints every week from people who have been victims of notario fraud. Lamb hosts a WhatsApp group named Apoyo para la Comunidad, where Hispanic families and immigrants living in Tampa Bay can share information.

“We have to be cautious,” Lamb said. “You can do your search, ask questions, and verify everything before starting any legal procedures. Information is available.”

In Florida, a notary public advertising services in a language other than English must include a disclaimer clarifying that the provider is not an attorney licensed to practice law in the state and cannot offer legal advice.

Sen. Víctor Torres, D-Kissimmee, sponsored a bill this year aimed in part at reinforcing the prohibition against notarios misrepresenting their legal experience when advertising their services by forbidding them from using terms such as immigration assistant, immigration consultant and immigration specialist. The bill didn’t make it out of the Republican-controlled Legislature.

Victoriano Nava, 49, faces a voluntary departure order after he said his immigration forms were improperly handled by Elvis Harold Reyes, who falsely portrayed himself as a pastor, “notario público,” and immigration lawyer in Tampa. Reyes charged $5,000, Nava said, on a promise to deliver documents like driver’s licenses, work permits and permanent residency.

Nava, a construction worker, came to the United States by crossing the southern border from Mexico more than two decades ago. He was one of dozens of immigrants in the Ruskin, Riverview, and Wimauma areas who trusted Reyes, said attorney Sánchez, who also represents Nava.

According to the U.S. Attorney’s Office for the Middle District of Florida, Reyes filed more than 225 fraudulent applications. Reyes was sentenced in April 2021 to more than 20 years in federal prison for mail fraud and aggravated identity theft.

Nava said he met Reyes through a friend and that Reyes promised to get Nava legal status so Nava could live in the U.S. without fear. But Reyes filled out Nava’s immigration forms late and with incorrect information. Reyes, who put his own address as the mailing address for Nava and others, failed to tell them about court hearings, Sánchez said.

In 2020, Sánchez reopened Nava’s case. Nava was given a voluntary departure date of October 2022, meaning he had to leave the country on his own to avoid a deportation order. Nava appealed to the Board of Immigration Appeals, which reviews decisions made by immigration judges. That case is still pending

If Nava loses, Sánchez said, he will have to depart to Mexico after over two decades of living in U.S.

“We’ve been victims of those exploiting workers’ immigration situations,” said Nava, from Riverview. “All that’s left is to wait and keep hope.”

If you suspect you are a victim of immigration fraud, you can report it to the Federal Trade Commission or Florida Division of Consumer Services.