A Notary Is Not A Lawyer
Va. Code 47.1-15.1 — notario, notario publico and licenciado, unless licensed to practice law
In much of Latin America a notario publico is a trained lawyer holding a public office with real legal authority. In Virginia a notary public holds a commission, not a law license. The words look the same across the two systems and mean very different things, and Virginia has written that difference into the statute rather than leaving it to be discovered.
The titles themselves. A notary public may not assume, use or advertise the title notario, notario publico or licenciado, or a term in a language other than English indicating authority to provide legal advice or practice law, unless the notary is authorized or licensed to practice law in Virginia.
Legal advice and immigration proceedings. A notary public may not offer or provide legal advice on immigration or other legal matters, or represent any person in immigration proceedings, unless authorized or licensed to practice law in Virginia or accredited under the federal regulations to practice immigration law or represent persons in immigration proceedings.
What it carries. Using the titles carries a civil penalty not exceeding $2,500 for a first violation and $5,000 for a second or subsequent one, recovered by the Attorney General in a civil action, with the proceeds going to the Legal Aid Services Fund. In that action the Attorney General may also seek an injunction, restitution, investigation expenses and reasonable attorney fees.
Investigation. Where the Attorney General has reasonable cause to believe a violation has occurred, is occurring or is about to occur, the Attorney General may issue a civil investigative demand. Other civil, administrative or criminal penalties are not displaced.
The practical shape of it is narrow. A notary confirms who signed and that they signed. A notary does not decide whether the document is the right document, whether it says what it needs to say, or whether signing it is sound. A notarized signature on a bad form is a witnessed signature on a bad form.
How a notary is commissioned in Virginia, what a notarial act requires, remote notarization, and the fees a notary may charge are set elsewhere and are not on this page. Nor does this page cover who may lawfully assist with an immigration matter, which is a federal question with its own accreditation system. Whether a particular person's help crossed the line is a question for a licensed Virginia attorney.
Sources for this section (1)
- Va. Code 47.1-15.1 — Additional prohibition on advertising; penalties
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.