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Breaking Through the Bureaucracy: The Role of Notaries in Immigration

By: Zac Redfield

For most of its existence, the United States has worked to be a beacon of freedom for immigrants seeking a better life or more opportunities. While this image has been somewhat tarnished and has become far more complicated in recent years, the story remains unfinished. Immigration is still a driving force for the nation’s population, politics, and economy. Michigan is no exception; as of 2022, the American Immigration Council found that there are roughly 678,000 immigrants living in the Great Lakes State. This doesn’t even account for those who are currently undocumented. The truth of the matter is clear: immigration is a defining characteristic of Michigan.


The complexity of American bureaucracy, however, does not lend itself well to immigrants. The process is often terribly long, unnecessarily convoluted, and occasionally altogether unbearable. It’s no wonder immigrants often turn to notaries for help. Many immigrants work with notaries early in their time in the United States for things like loan documents. This acquaintance is crucial as it gives them a personal connection through which to get help with their residency status. It’s important to understand what a notary can and cannot do in this situation.


Notaries are not legal professionals. While some are attorneys themselves, most lack the legal expertise or certifications to provide legal advice. This limits their ability to assist drastically and some four states—Oregon, Tennessee, Colorado, and North Carolina—actually bar non-attorneys from providing aid. But in Michigan, it is entirely legal for non-attorneys to help. However, to provide non-legal assistance, notaries must apply with the Department of Justice to become an Immigration Clerical Assistant, also known as an Immigration Forms Specialist. Once they become an ICA, they are still limited in their capacities. For example, ICAs may not advise clients on how to obtain visas or work permits, advise them on the answers to form questions, or represent clients in a legal setting.


ICAs still have a valuable role to play, though. They are able to assist with the completion of forms, including translating answers for entry or helping to collect supporting documents. ICAs may also submit completed forms on the applicant’s behalf. Beyond this, they often have connections to reliable legal services that can provide more assistance to the client should they need it.


While Kace Mobile Notary is not currently an accredited ICA, we do have access to many legal services and additional notaries who may be able to assist you if you need help. Moreover, the Department of Justice maintains a list of accredited ICAs which can be found at the link here.

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