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Ice on Immigration: Beware of unscrupulous offer of aid

By L. Patricia Ice, Featured Columnist

Editor’s note: While this case is unique to Mississippi, aspects of it are applicable throughout the U.S.

Question: I am an undocumented immigrant who recently visited a Notary Public who said she could help me recover unpaid wages from my previous employer.  This Notary Public made me sign several documents that I did not understand, and asked me for 10% of any recovered wages.  I became upset, however, when she asked me to sign a document allowing that any check for recovered wages be issued in her name because I am undocumented.  I have a bank account, and I am able to cash checks in my name at a local “tienda” (store).  Is this normal practice for a Notary Public?  If not, is there anything I can do about it?

Answer:  In my opinion, it is not normal practice for a Notary Public to help seek back wages for an individual for profit.  This is something usually done by an attorney, or the U.S. Department of Labor.  Furthermore, by Mississippi law, when a Notary Public advertises she must indicate that she is not an attorney, if that is the case.  It sounds like this woman might be practicing law without a license.  In that case you can contact the Mississippi Bar Association's unauthorized practice of law unit at 601-948-4471 for help with filing a formal complaint against her.  It does not matter whether or not you are undocumented; you may file a complaint without fear.  You will not be prosecuted by a law enforcement agency, such as Immigration and Customs Enforcement (ICE), if you file a complaint.  If you do not file a complaint, though, nothing will be done to change the situation.

 

L. Patricia Ice

Featured IMDiversity Immigration Columnist L. Patricia Ice is an attorney and counselor who has taught immigration law at Mississippi College School of Law in Jackson, and also contributes regular immigration advice stories to La Noticia and The Jackson Advocate.  A practicing attorney, Ms. Ice is a former Equal Justice Works Katrina Legal Fellow, focusing on immigrant family and employment issues in areas around the Gulf Coast.  Ms. Ice trains law students in the extern program of the Mississippi College School of law. She is also dedicated to immigrants rights advocacy, and serves as the Director of the Legal Project  of the non-profit rights education group, MIRA: The Mississippi Immigrants Rights Alliance at www.yourmira.org.

Articles in this column are Copyright 2006-2009 L. Patricia Ice.  All rights reserved.  Please do not reproduce further without seeking the permission of the author.

IMDiversity.com is committed to presenting diverse points of view. However, the viewpoint expressed in this article is the opinion of the author and is not necessarily the viewpoint of the owners or employees at IMD.