Have you ever notarized an I-9 before? If it were me, I would ask an Attorney, the Secretary of State, or Immigration if a notary public could notarize this form. If you are a notary, the most important thing to do is to clarify that you are NOT an Attorney, and can not give legal advice. Also clarify that you are not an immigration expert and can not advise on matters pertaining to immigration either.
But, it is not generally illegal to notarize a signature on a document.
Have any of you had to notarize an I-9 before?
How about a K-9?
(1) Ask an Attorney if a Notary can notarize an I-9 employment verification document.
Affidavit of Citizenship
This is a commonly notarized document. Sometimes a person will need a signed Affidavit of Citizenship to get an identification document created. There could be other purposes as well. The problem is that the person who needs this document, never seems to know how to write it, and always turns to the notary. It is unclear to me if this is considered a “legal document”, so it is unclear if it is giving legal advice when helping someone draft this type of document. In Florida, a Florida notary shouldn’t assist anyone draft any document since rules are more stringent there about what is considered legal advice. Below is wording that I typically used when I helped people draft these types of documents.
Sample wording for Affidavit of Citizenship
I (name of affiant) solemnly swear that I am a citizen of the United States of America, so help me god.
Signature of affiant
(attach jurat certificate wording or a loose jurat certificate here, or have this notary verbiage written on the loose jurat certificate if there is space provided)
If you feel that it would be giving legal advice to dictate how this verbiage should be spelled out, then you can assist the signer (affiant), but asking him/her this question. What do you want this document to say? For example, “I solemnly swear that… what?…”. Then they will give their answer. Then you can vaguely say, “Then you might consider writing what you just said, although I can not advise you on this matter”.
You might ask the signer to have this document typed out with a signature line BEFORE you go to the appointment if you are a mobile notary. Once again, the Affidavit of Citizenship is a common document, and you should expect to see it regularly during your notary commission if you do notary work for the public.
Note: There is no such thing as an immigration notary, however, Affidavits of Citizenship might be related to the immigration process.
You might also like:
Affidavit of Citizenship on Modern Family
Affidavit of Support & Direct Communication w/the Signer
Affidavit of Citizenship 2016 Edition
Notarized Affidavits Information
Affidavit of Support and the Notary Procedure
Notaries who are not immigration experts are strictly forbidden from giving any type of advice regarding immigration. However, it is common for individuals going through the immigration process to have documents that need to be notarized by a state commissioned notary public. The Affidavit of Support is the most commonly notarized immigration document. Any currently commissioned notary with jurisdiction in your state can notarize your signature on that document. There is no such thing as an Immigration notary, or Immigration notariation, but any notary can notarize signatures on basic immigration documents.
How do I get an Affidavit of Support notarized?
Just for the record, you get a signature notarized, not a document. Affidavits of support typically require a Jurat certificate or the type of notarization known as a Jurat. This requires a quick oath to be given to the signer by the notary public. The oath only takes half a minute. The notary would need to check the identification of the signer (this applies to most states). The notary public would record the identification document’s information in their journal (most states require a journal).
The ID could be a current drivers license, passport, state ID card. The ID should be a current government issued photo ID with a physical description and signature. Green cards are typically not allowed as identification to be notarized. Foreign driver’s licenses are generally okay, and passports are acceptable. Make sure to check with the notary you are going to use to see if your choice of identification will be okay. Make sure your identification is not expired. Some notaries will allow the use of credible witnesses as well.
Have you ever sworn under oath before? Its easy. Just raise your right hand and say, “I do”. It’s the notary’s job to ask you to raise your right hand, and its their job to create some wording for the oath too. They might say, “Do you solemnly swear that the contents of this document are true and correct and that you agree to and will abide by the conditions in this document?”. Just don’t mumble when being given the oath. Speak clearly please.
If the signer doesn’t speak English, most states do NOT allow the use of a translator. The signer must be able to speak directly with the notary public. So, for example, if the signer speaks Spanish, just find a bilingual notary public who knows enough Spanish to be able to converse with the signer about the document and the signing. The bilingual notary doesn’t have to speak the language perfectly, but enough to communicate adequantely with the signer.
Do NOT ask a notary public for immigration advice, unless they have evidence that they are an immigration professional in some official capacity. Notaries are not allowed to give any type of legal advice. Additionally, notaries can not draft legal documents, although many states allow them to draft less formal documents.
Where do I find a notary?
You can find a mobile notary on www.123notary.com, and there are bilingual notaries speaking almost every language on the planet from Arabic to Zulu. Spanish is by far the most common foreign language for notaries to speak, but 123notary has many who speak all other types of languages. If you want to find a notary office, try your local UPS store. They can be found on google.
You might also like:
2016 version – Affidavit of Support
Affidavit of support and direct communication with the signer
Modern Family – An Affidavit of Citizenship & Affidavit of Domicile