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California Notary Public Exam · Immigration and Foreign Language

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California Notary Public Exam Immigration Documents and Foreign Language Advertising Summary

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Limits on notaries who help with immigration matters and the rules for advertising in languages other than English.

📖 See Immigration Documents and Foreign Language Advertising concepts →

Immigration Documents and Foreign Language Advertising: must-know points

  • A notary who is not an attorney may not give immigration or other legal advice.
  • Translating "notary public" into Spanish as "notario publico" or "notario" is prohibited.
  • A non-attorney notary who advertises in another language must post a notice in English and that language saying they are not an attorney.
  • Violations bring suspension of at least one year or revocation; a second violation means permanent revocation.

Immigration Documents and Foreign Language Advertising: 9 sample questions

Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 1. A notary who is not an attorney is asked which immigration form a client should file. What should the notary do?

  1. ① Choose the form but not charge for the advice
  2. ② Recommend the form most people use
  3. ③ Decline to advise and refer the client to an attorney
  4. ④ Choose the form and charge a fee for advice
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Answer: ③ Decline to advise and refer the client to an attorney

Key point: No immigration advice from non-attorneys

A notary who is not a licensed attorney may not give advice about immigration or other legal matters, including which form to file. The client should be referred to an attorney.

Wrong choices

  • Choose the form but not charge for the advice: Free advice is still legal advice.
  • Recommend the form most people use: Recommending a form is legal advice.
  • Choose the form and charge a fee for advice: A non-attorney notary may not give or charge for legal advice.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 2. Which term may a California notary NOT use in advertising as a translation of "notary public"?

  1. ① Notario publico
  2. ② Mobile notary
  3. ③ Notary signing services
  4. ④ Notary public
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Answer: ① Notario publico

Key point: Never advertise as "notario publico"

California prohibits translating "notary public" into Spanish as "notario publico" or "notario" in advertising.

Wrong choices

  • Mobile notary: This English phrase is not a prohibited translation.
  • Notary signing services: This English phrase is not a prohibited translation.
  • Notary public: This is the correct English title.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 3. Why does California prohibit notaries from advertising as "notario publico"?

  1. ① Because the term is a registered trademark
  2. ② In many Latin American countries a notario is a lawyer-like official, so the term can mislead people
  3. ③ Because Spanish may not be used in any notary advertisement
  4. ④ Because notaries must use only their commission number in ads
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Answer: ② In many Latin American countries a notario is a lawyer-like official, so the term can mislead people

Key point: "Notario" misleads about legal powers

In many Latin American countries, a notario publico has powers similar to a lawyer. Using that title can make people think a U.S. notary can give legal help, so California bans it.

Wrong choices

  • Because the term is a registered trademark: The ban is about misleading the public, not trademarks.
  • Because Spanish may not be used in any notary advertisement: Notaries may advertise in Spanish if they follow the notice rules.
  • Because notaries must use only their commission number in ads: There is no such advertising rule.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 4. A notary also calls herself an "immigration consultant." What may she NOT do?

  1. ① Take an acknowledgment for a client with valid ID
  2. ② Advertise that she is a notary public
  3. ③ Keep a notary journal
  4. ④ Charge fees allowed by law for notarial acts
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Answer: ② Advertise that she is a notary public

Key point: Immigration consultants may not advertise as notary

A notary who holds themselves out as an immigration specialist or consultant may not advertise in any manner that they are a notary public.

Wrong choices

  • Take an acknowledgment for a client with valid ID: Taking acknowledgments is a normal notary act.
  • Keep a notary journal: Every notary must keep a journal.
  • Charge fees allowed by law for notarial acts: Charging lawful notary fees is allowed.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 5. What penalty does the Secretary of State impose for a first violation of the foreign language advertising rules, such as using "notario publico"?

  1. ① A 30-day suspension
  2. ② A written warning only
  3. ③ Suspension of the commission for at least one year, or revocation
  4. ④ A $100 fine with no suspension
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Answer: ③ Suspension of the commission for at least one year, or revocation

Key point: First violation: 1+ year suspension or revocation

For a first violation of the foreign language advertising rules, the Secretary of State suspends the commission for not less than one year or revokes it.

Wrong choices

  • A 30-day suspension: The minimum suspension is one year, not 30 days.
  • A written warning only: The law requires suspension or revocation.
  • A $100 fine with no suspension: There is no $100 fine option for this violation.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 6. What happens to a notary who violates the foreign language advertising rules a second time?

  1. ① A required refresher course
  2. ② A $1,500 civil penalty only
  3. ③ A one-year suspension
  4. ④ The commission is revoked permanently
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Answer: ④ The commission is revoked permanently

Key point: Second violation: permanent revocation

For a second violation of the foreign language advertising rules, the notary's commission is revoked permanently.

Wrong choices

  • A required refresher course: A course does not replace the penalty.
  • A $1,500 civil penalty only: The law requires permanent revocation.
  • A one-year suspension: A one-year suspension is possible for a first violation, not a second.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 7. A notary who is qualified and bonded as an immigration consultant helps a client with immigration forms. What may the notary do?

  1. ① Advise the client which visa to apply for
  2. ② Enter information the client provides onto the forms
  3. ③ Represent the client at an immigration hearing
  4. ④ Tell the client how to answer interview questions
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Answer: ② Enter information the client provides onto the forms

Key point: Enter client-provided data only

A notary who is qualified and bonded as an immigration consultant may enter data provided by the client on immigration forms. The notary may not give legal advice about the client's case.

Wrong choices

  • Advise the client which visa to apply for: Advising on which visa to choose is legal advice.
  • Represent the client at an immigration hearing: Representing a client in a hearing is legal work.
  • Tell the client how to answer interview questions: Coaching answers is legal advice.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 8. The limits in Government Code section 8223 on notaries who help with immigration forms do NOT apply to which person?

  1. ① A notary who is also a licensed attorney
  2. ② A notary who speaks the client's language
  3. ③ A notary who works for an immigrant community group
  4. ④ A notary who has held a commission for over 10 years
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Answer: ① A notary who is also a licensed attorney

Key point: Attorney-notaries are outside the 8223 limits

The immigration-related limits in Government Code section 8223 do not apply to a notary who is also a licensed attorney, because attorneys may give legal advice.

Wrong choices

  • A notary who speaks the client's language: Speaking the language does not create an exception.
  • A notary who works for an immigrant community group: The employer does not create an exception.
  • A notary who has held a commission for over 10 years: Experience does not create an exception.
Practice questionReviewedImmigration and Foreign Language › Immigration Documents and Foreign Language Advertising★★★★☆

Question 9. Which of the following may a notary who is not an attorney do?

  1. ① Advertise as a "notario publico"
  2. ② Give advice on which immigration form to file
  3. ③ Advertise in Spanish with the required notice in English and Spanish
  4. ④ None of the above
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Answer: ③ Advertise in Spanish with the required notice in English and Spanish

Key point: Spanish ads OK with the required notice

A non-attorney notary may advertise in a language other than English if the required notice is posted in English and that language. Using "notario publico" and giving immigration advice are prohibited.

Wrong choices

  • Advertise as a "notario publico": This translation is prohibited.
  • Give advice on which immigration form to file: This is legal advice, which a non-attorney notary may not give.
  • None of the above: Advertising in Spanish is allowed when the required two-language notice is posted.

Test yourself.

Immigration Documents and Foreign Language Advertising: 5 questions →Immigration and Foreign Language: 5 questions →