Top 3 Tips on How to Avoid Common Notario Scams When Filing for a Marriage Work Permit in 2026

At Santamaria Law Firm, we understand that marriage-based immigration applicants can become especially vulnerable to notario fraud and unauthorized practice of immigration law when seeking an Employment Authorization Document (EAD). In the United States, a “notario público” is not the same as a licensed immigration attorney, and USCIS warns that notarios are not authorized to provide immigration legal services. Only a licensed attorney or an accredited representative working for a DOJ-recognized organization may provide legal advice on immigration matters. For many marriage-based Adjustment of Status applicants, employment authorization is requested through Form I-765, often based on a pending Form I-485 under the applicable employment-authorization category. In 2026, understanding the following three warning signs can help couples protect their money, immigration status, and future eligibility from fraudulent or incompetent service providers.

How can I tell whether someone is actually authorized to provide immigration legal advice?

The first critical tip is to verify the person's credentials before paying or signing anything. A notario, immigration consultant, document preparer, travel agent, or similar service provider may be able to assist with certain administrative tasks where permitted, but that does not make the person legally authorized to advise you about whether you qualify for a marriage-based Green Card or work permit. USCIS specifically warns applicants to ask about a representative's qualifications and to verify whether the person is an attorney or an accredited representative. USCIS also cautions against individuals who claim to have a special relationship with the agency or promise guaranteed immigration results. Before allowing anyone to prepare your marriage-based I-765 or related filings, determine exactly who is responsible for the legal advice and representation. A legitimate professional should be able to explain their qualifications, identify the services they will provide, and give you appropriate documentation of the professional relationship.

What should I do if a notario promises a guaranteed work permit or faster USCIS approval?

The second major tip is to walk away from guarantees and pressure tactics. No private individual has a special ability to guarantee USCIS approval or obtain a faster decision simply because you pay an additional fee. USCIS expressly warns applicants about people who promise guaranteed results or faster processing. These promises should raise immediate concerns. USCIS provides official case-status and case-management tools through its online systems, allowing applicants to monitor applications and receive case information directly.  Applicants should also remember that a work permit does not independently establish lawful permanent residence. If the EAD is connected to a pending marriage-based I-485, the underlying adjustment case still requires separate adjudication and eligibility.

How can I protect my documents, money, and signature when someone helps prepare my marriage work permit?

The third tip is to maintain control over your documents and never sign anything you do not understand. USCIS advises applicants to obtain a written contract describing the services and fees, avoid paying cash where possible, keep receipts, retain original documents, and never sign a blank form or application. This is particularly important in marriage-based cases because the I-765 may be only one component of a much larger immigration filing. A fraudulent preparer could potentially submit incorrect information, omit important facts, or make representations that create problems for the applicant's broader immigration case. Couples should keep copies of their Form I-765, supporting evidence, filing receipts, Form I-797 notices, marriage documentation, and correspondence with USCIS. Applicants should also review every form before signing it and confirm that the information is accurate. If someone refuses to give you copies of documents submitted on your behalf, that is another significant warning sign. If you believe someone has committed immigration-benefit fraud or unauthorized immigration activity, USCIS maintains a secure reporting mechanism for suspected fraud and abuse. 

Why trust Santamaria Law Firm to protect your marriage-based work permit strategy?

At Santamaria Law Firm, we understand that a marriage-based EAD application should be treated as part of the larger immigration strategy, not as an isolated form-filling exercise. Our team evaluates the applicant's immigration history, marriage-based Adjustment of Status eligibility, Form I-765 filing strategy, supporting evidence, prior immigration filings, and potential inconsistencies before submitting the case. We strive to help couples avoid unauthorized legal advice, fraudulent promises, incomplete filings, and documentation errors that could jeopardize their broader immigration objectives.

Disclaimer: This content is shared for general educational purposes only and does not constitute legal advice. Viewing or interacting with this content does not create an attorney-client relationship. Immigration situations vary from case to case. For legal guidance specific to your situation, consult with a licensed immigration attorney.