A recent Florida case is drawing attention to an important distinction that immigrants and their families should understand: a notary public is not the same thing as an immigration attorney.
On March 3, 2026, the U.S. Attorney’s Office for the Middle District of Florida announced that Carlos Enrique Diaz Roque, a notary public from Brooksville, had pleaded guilty to obstructing an official proceeding after submitting a fraudulent document to the Orlando Immigration Court. According to the Department of Justice, the document falsely appeared to be a filing from the Department of Homeland Security and included a forged signature.
The case is an extreme example of what can happen when the boundaries between notarization and legal services are ignored.
But it also raises a much more practical question for anyone who needs documents notarized in Florida:
What can a notary public actually do — and what can’t they do?
A notary public and an immigration attorney have very different roles
A Florida notary public has an important role in the execution of documents.
Depending on the notarial act, a notary may verify a signer’s identity, witness the signing of a document, administer an oath or affirmation, and complete the appropriate notarial certificate.
What a notary generally does not do is provide legal representation simply because a document is being notarized.
Immigration law is particularly important in this context. Preparing legal documents, advising someone about which immigration process to pursue, or representing a person before an immigration court can involve the practice of law.
That requires an appropriately authorized professional.
The distinction matters because the word “notary” can have a different meaning in different countries. In the United States, a notary public is not automatically a lawyer, and a Florida notary’s commission does not authorize them to practice immigration law.
What happened in the Orlando case?
According to federal prosecutors, Diaz Roque agreed to prepare a document connected to an immigration matter even though he was not an attorney.
The document was then submitted to the Orlando Immigration Court as though it had been prepared and signed by an attorney representing the Department of Homeland Security.
It had not.
Investigators determined that the document was fraudulent, and Diaz Roque later admitted that he had forged the signature and submitted the filing. He ultimately pleaded guilty to obstruction of an official proceeding.
The case illustrates why the distinction between document notarization and legal assistance is more than a technicality.
When immigration documents are involved, mistakes or unauthorized actions can have consequences far beyond an incorrect signature.
Notarizing a document is not the same as preparing it
This is one of the most important concepts for people unfamiliar with the U.S. notarial system.
A notary public may be asked to notarize a document that someone else has prepared. The notary’s role is generally focused on the notarial act itself — such as confirming the signer’s identity and witnessing or acknowledging the signature, depending on the act being performed.
That does not mean the notary is responsible for determining whether the document is legally appropriate for the signer’s particular situation.
For example, someone may bring a power of attorney, affidavit, declaration or other document that needs to be notarized. The notary can perform the authorized notarial act, but that does not turn the notary into the person’s attorney.
This distinction protects both the signer and the notary.
Why immigration matters require extra caution
Immigration paperwork can involve government agencies, immigration courts, deadlines and highly consequential legal decisions.
For someone navigating that process, it can be tempting to look for a single person who can “take care of the paperwork.”
That is precisely where confusion can become dangerous.
A person who needs legal advice about an immigration case should seek an attorney or another professional specifically authorized to provide immigration legal services.
A person who simply needs a document notarized, however, has a different need.
In that situation, a qualified Florida notary can provide the notarial service without presenting themselves as an immigration lawyer or legal representative.
The two services can sometimes be part of the same overall process, but they are not the same service.
Florida has rules designed to prevent this confusion
Florida law specifically addresses how notaries may advertise their services.
Under Florida Statutes §117.05, a notary who is not an attorney authorized to practice law in the state cannot use language in advertisements that represents or implies that the notary has expertise in immigration matters or can provide legal advice concerning immigration. The law also requires certain notices when a notary advertises services in a language other than English.
These rules exist for an important reason.
Someone who sees the word “notary” may assume that the person has legal authority similar to a lawyer, particularly if they come from a country where the term “notario” has a very different meaning.
In reality, the responsibilities and authority of a Florida notary public are much more specific.
Understanding that difference can help consumers make safer decisions when choosing someone to handle important documents.
What should you look for when choosing a notary?
The recent Orlando case is not a reason to distrust notaries.
It is a reason to understand what a professional notary service should look like.
When choosing a notary in Florida, it is worth asking a few basic questions:
Is the person actually commissioned as a Florida notary public?
A legitimate notary should be able to perform the notarial act according to Florida’s requirements.
Are they clear about the services they provide?
A professional notary should distinguish notarization from legal advice and legal representation.
Do they explain the notarial process without pretending to be your attorney?
A notary can explain what is required for the notarial act, but should not misrepresent their legal authority.
Do they verify your identity and follow the required procedures?
Proper identification and compliance with Florida’s notarial requirements are fundamental parts of the process.
And when legal advice is actually needed, the safest approach is to consult a qualified attorney or other authorized immigration professional.
A professional notary service is about trust
Notarization may look like a small administrative step, but the documents involved can be extremely important.
A notarized signature may be part of a power of attorney, an affidavit, a business document, a real estate transaction, an authorization or paperwork that will ultimately be submitted to a government agency.
That is why the notary’s role requires care and professionalism.
A mobile notary service can make the process more convenient by bringing the notarial service to a home, office, hospital, business or other appropriate location. But convenience should never come at the expense of following the rules.
For the person signing the document, the goal is simple:
the right document, signed by the right person, with the appropriate notarial act performed correctly.
The Orlando case is a reminder to know who is handling your documents
The case involving Carlos Enrique Diaz Roque is an unusual and serious example. Most notarizations have nothing to do with criminal proceedings or immigration fraud.
But the case highlights a distinction that every consumer can benefit from understanding.
A notary public authenticates or witnesses certain aspects of a document transaction according to law. An attorney provides legal advice and representation within the scope of their professional authorization.
Knowing the difference helps people avoid unrealistic expectations, misleading services and potentially serious mistakes.
For anyone who needs a document notarized in Central Florida, the best approach is to work with a professional who clearly understands the limits of the notarial role — and treats those responsibilities seriously.
Need a document notarized in Orlando or Central Florida? Then look no further: Mobile Notary Orlando FL brings professional notary services directly to your location, making it easier to complete important documents correctly and conveniently!
