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⚠️ The Real Cost of Hiring a “Notario” for Your Marriage-Based Green Card in Charleston

Estimated reading time: 5 minutes

In Charleston—and across the U.S.—too many immigrants are falling into a costly trap: trusting their future to a “notario” or document preparer instead of a qualified immigration attorney.

Just yesterday I got a call from a man who learned this lesson the hard way.

A Costly Mistake: What Happened to His Case

He came to us after his marriage-based green card application was denied.

Why? His I-864 Affidavit of Support — an essential form used to prove that a U.S. citizen spouse can financially support their immigrant spouse — was completed incorrectly. Twice.

The first error triggered a Request for Evidence (RFE) from USCIS. The second error, submitted in response to that RFE, sealed the denial of his I-485 green card application.

Both forms were prepared by a “notario” who was not licensed to practice law and had no formal training in immigration law.

Now, this man has to file a motion to reopen his case, pay an additional $800 just to be heard, and hire an attorney to do the job right — something he could have done from the beginning for less than the cost of fixing this mess.

Did you know?

An incorrect I-864 Affidavit of Support is the most common reason for a Request for Evidence on the I-485 Adjustment of Status.

What’s the Difference Between a Notario and a Real Immigration Lawyer?

In many Latin American countries, a “notario” is a highly trained legal professional. But in the United States, the term has no legal standing. In fact, using the title “notario” to offer legal advice is illegal and considered the unauthorized practice of law.

Notarios and document preparers are not allowed to:

  • Give legal advice
  • Analyze your eligibility
  • Choose the right forms
  • Guide you through complex issues
  • Represent you before USCIS

At best, they can type. At worst, they can destroy your case.

Immigration Is More Than Just Paperwork

Your immigration application is more than just filling out forms. It requires legal strategy, knowledge of current policies, and the ability to prevent (or respond to) issues like RFEs, denials, or interviews.

An immigration attorney understands how to:

  • Avoid red flags in your application
  • Ensure your financial documents meet the legal requirements
  • Navigate complications like prior visas, unlawful presence, or public charge concerns
  • Protect your timeline in a shifting immigration climate

More importantly, a licensed immigration attorney is legally required to act in your best interest.
We’re responsible for the quality of the application — and if something goes wrong, we’re accountable to you and to the law.

A notario or document preparer? They have no license. No accountability. No obligation to do what’s best for you. If they mess up your case, you’re the one who pays the price — and you have no legal recourse.

The Truth About Cost: You Pay More When You Try to Save

We know legal fees feel expensive—but they’re small compared to the cost of a denial. Filing fees, lost time, repeat medical exams, delays in work permits, and even being placed in removal proceedings can all result from preventable errors.

What’s more: we offer structured payment plans, fast-track filing options, and transparent pricing, because we believe families shouldn’t be separated just because they didn’t know where to turn.

Frequently Asked Questions

What should I do if a notario or document preparer messed up my case?

If a notario or document preparer did your application and it was denied, you may still have options — but you need to act fast. An immigration attorney can help you file a Motion to Reopen or a new application, depending on your case. Bring all documents and USCIS notices with you to your consultation so we can evaluate the best path forward.

Can I fix an I-864 or other mistake after it’s been filed?

Yes, but it depends on where your case is in the process. If you received a Request for Evidence (RFE), you may still have time to correct the mistake. If your case was denied, you may need to file a Motion to Reopen or reapply. Either way, it’s critical to get professional legal help right away to avoid more delays or permanent harm to your case.

Is it illegal for a notario to help with immigration forms?

It is illegal for a notario or document preparer to give legal advice or help choose what forms to file unless they are a licensed attorney or DOJ-accredited representative. Even if they say they’re “just helping with paperwork,” that’s still unauthorized practice of law if they guide you on legal decisions — and it often leads to serious mistakes.

Why is it better to hire an immigration attorney?

Immigration attorneys are licensed, trained in the law, and ethically required to act in your best interest. We know how to avoid mistakes that lead to RFEs, denials, and delays. Most importantly, we’re accountable if something goes wrong. A notario or document preparer isn’t.

How much does it cost to fix a notario mistake?

Fixing a bad filing can cost hundreds or even thousands of dollars — especially if you need to refile, respond to an RFE, or submit a Motion to Reopen. In the case described in this post, the government fee alone was $800. Hiring an attorney from the start is often far less expensive than trying to undo someone else’s mistakes.

If You’re Filing a Marriage-Based Green Card in Charleston—Get Professional Help

Don’t let a document preparer gamble with your future.

At Occam Immigration, we’ve helped hundreds of Charleston families avoid disaster and file correctly the first time. And if you’re already in trouble from a notario’s mistakes, we can help you fix it.

📞 Schedule a consultation today before the clock runs out.

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ICE Arrests at USCIS Offices: A Wake-Up Call for Immigration Applicants in Charleston

TLDR:
ICE has been arresting immigrants at USCIS interviews—even those with no criminal history—sparking national concern. While we have not seen this happen in Charleston yet, it’s a reminder of the growing risks in today’s immigration landscape. This is why having a qualified immigration attorney is more important than ever. If you’re preparing to file an immigration application, let’s talk.

Let’s Talk About What’s Happening

In February 2025, USCIS issued guidance to immigration officers to initiate removal proceedings for individuals whose immigration applications are denied and who are out of status. (See my article about that policy update↗.)

Now, there’s more news on this front.

If you’ve been following immigration news lately—or even if you haven’t—you need to know what’s going on. The American Immigration Lawyers Association (AILA) recently released a policy brief confirming something that should concern everyone in the immigration community:

ICE (Immigration and Customs Enforcement) is actively arresting individuals at USCIS field offices. Yes, at USCIS—the agency responsible for handling immigration benefits like green cards and naturalization, not deportation.

Since March 2025, AILA attorneys across the country have been reporting a troubling increase in ICE enforcement at immigration interviews. People are being detained at the very interviews they were required to attend in order to complete their applications.

As of AILA’s July 3rd report, these arrests have been confirmed in cities like Los Angeles, Miami, Charlotte, Dallas, and more. The trend shows no signs of slowing.

So What Does This Mean for Charleston?

Here in Charleston, South Carolina, we have not received reports of ICE making arrests at our local USCIS field office. But let me be clear: that doesn’t mean it can’t happen. Given the national pattern, we need to stay informed, vigilant, and proactive.

This isn’t about creating panic—it’s about protecting our communities and being smart about how we approach the immigration process.

Who Is Being Targeted?

The people being arrested aren’t necessarily criminals.

In fact, many have no criminal records at all. Many are attending marriage-based green card interviews or completing the final steps of their adjustment of status after years of living in the U.S. They often have U.S. citizen spouses or children and are taking steps to legalize their status.

Some have old removal orders they may not even know about. Others overstayed a visa or entered without inspection. These are the kinds of immigration violations that might be eligible for waivers—but ICE is not waiting to let people apply for them anymore.

Let that sink in: They are being arrested before they can even finish the legal process.

In one reported case, a man who had his marriage-based petition approved was still arrested on the spot due to an in absentia removal order from years ago. No criminal history. No warning. Detained on the day he came in with his U.S. citizen wife.

Why This Is So Alarming

Let’s remember what USCIS is supposed to be: an agency for processing applications, not for setting traps. Under the Homeland Security Act, enforcement duties are assigned to ICE and CBP—not USCIS. But now, USCIS is reportedly cooperating with ICE, even volunteering staff to assist with arrests.

This shift undermines the trust people have in the immigration system. Why would someone attend a required interview if they think they could be arrested for trying to follow the law?

Here’s What You Can Do

This is exactly why filing with an experienced immigration attorney matters more than ever.

It’s not enough to “do everything right” on your own. Even if you’ve never been arrested, even if you’re married to a U.S. citizen, even if you think your case is “simple”—the risks are real. And they’re rising.

A good attorney will:

  • Check your immigration history for any past orders you might not be aware of.
  • Identify risks and eligibility for waivers like the I-601A or I-212.
  • Help you prepare for interviews with protection in place. Check out our interview prep service↗.
  • In some cases, advise you to delay or avoid appearing at USCIS until legal safeguards are in place.

This is not about fear. It’s about strategy.

Don’t Wait Until It’s Too Late

If you’re thinking about filing an immigration application—whether it’s a green card, a waiver, or naturalization—talk to a lawyer first. There may be factors in your history that could trigger unexpected consequences.

Read my blog article about finding the right immigration attorney for you↗.

And if you already have an interview scheduled and you’re not working with an attorney, now is the time to change that.

Let’s Talk

At Occam Immigration, we work with individuals and families across Charleston and beyond to help them navigate the immigration process safely and confidently. We believe in immigration with dignity, compassion, and preparedness.

If you’re unsure about your case or just need someone to look things over, reach out. We’re here to help.

📞 Contact us today to schedule a consultation→.

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ICE Enforcement in South Carolina

About a month ago I was contacted by a reporter at the Post & Courier, the largest newspaper in Charleston, SC. The reporter was looking into rumors that ICE was ramping up enforcement of immigration laws, detaining individuals that are in the United States illegally (more about how one is in the U.S. illegally in another post).

I spent about 45 minutes on the phone with the reporter and eventually the story was published here. My quote in the article was very short, maybe because the substance of my conversation was that I didn’t believe that enforcement was abnormally increasing.

During our conversation I told the reporter that ICE enforcement has generally been a roller coaster, meaning sometimes enforcement is high, while sometimes you don’t hear much about detentions. It was only now that the media was picking up on it, in light of President Trump’s administration’s promise to deal with immigration. My thought is that, like any other federal agency, things tend to happen quickly when budgets are allocated, but as the money starts to diminish, so do the capabilities of the agency. Whether or not that is true is up for debate. Regardless, I thought that ICE was just doing what they usually do – pick up the “high priority” offenders, those who commit violent criminal acts, traffic drugs or people, etc., and they happened to currently be doing more enforcement because they were allocated their budget.

Now, about a month later, I am seeing that ICE has seemed to step up enforcement in South Carolina. It appears they are targeting individuals who are not as high priority as those mentioned above. For example, I recently had a call from the family of an individual who failed to appear for a traffic ticket in court, and had an outstanding warrant. ICE picked the individual up, detained him, and he is now on his way to court in Atlanta, hoping that there might be some way I can prevent him from being deported.

I don’t know how far down the priority list ICE is going in South Carolina. I am basing my conclusion on the only data I have – phone calls to my office from relatives of people who are detained and need help.

Whether you are in South Carolina or not, my suggestion to any person who may have some reason to fear a visit from ICE – visa overstay, outstanding warrant, criminal arrest, entering the country illegally, etc.:

Contact an immigration attorney for advice on your situation!

There might be some way to help you. For the price of an in-depth consultation, where your whole situation is reviewed, you might get some good advice, or your problem can be resolved so you no longer have to fear a visit from ICE. It may end up being worth it, because you’ll spend a lot more money hiring an attorney to represent you if you’re placed in a removal proceeding.

Good luck,

David Vyborny, Occam Immigration