It is unlawful for any person, for compensation, other than persons authorized to practice law or authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, to engage in the business or act in the capacity of an immigration consultant within this state except as provided by this chapter.
Chapter 19.5Immigration Consultants
Section § 22440
This law makes it illegal for anyone to work as an immigration consultant for payment unless they are either a lawyer or authorized by federal law to represent people before certain immigration authorities. There are exceptions, but only as described in this chapter.
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Section § 22441
This section defines what it means to be an immigration consultant in California. An immigration consultant provides non-legal help or advice on immigration issues, like filling out forms, translating responses, or obtaining supporting documents. They can also submit forms on behalf of someone or refer individuals to legal representatives. The term 'immigration matter' covers any action affecting a person's immigration or citizenship status. Importantly, acting outside these non-legal activities is against the rules for immigration consultants.
(a)CA Business and Professions Code § 22441(a) A person engages in the business or acts in the capacity of an immigration consultant when that person gives nonlegal assistance or advice on an immigration matter. That assistance or advice includes, but is not limited to, the following:
(1)CA Business and Professions Code § 22441(a)(1) Completing a form provided by a federal or state agency but not advising a person as to their answers on those forms.
(2)CA Business and Professions Code § 22441(a)(2) Translating a person’s answers to questions posed in those forms.
(3)CA Business and Professions Code § 22441(a)(3) Securing for a person supporting documents, such as birth certificates, which may be necessary to complete those forms.
(4)CA Business and Professions Code § 22441(a)(4) Submitting completed forms on a person’s behalf and at their request to the United States Citizenship and Immigration Services.
(5)CA Business and Professions Code § 22441(a)(5) Making referrals to persons who could undertake legal representation activities for a person in an immigration matter.
(b)CA Business and Professions Code § 22441(b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor.
(c)CA Business and Professions Code § 22441(c) “Compensation” means money, property, or anything else of value.
(d)CA Business and Professions Code § 22441(d) Every person engaged in the business or acting in the capacity of an immigration consultant shall only offer nonlegal assistance or advice in an immigration matter as defined in subdivision (a). Any act in violation of subdivision (a) is a violation of this chapter.
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Section § 22441.1
If you're working as an immigration consultant in California, you need to pass a background check by the Secretary of State. If you've been convicted of a felony, a serious misdemeanor recently, or if you fail to disclose arrests or convictions, you can't work as a consultant. This also applies to those who were bonded and qualified by the end of 2006. If you don't pass the background check, the Secretary of State won't accept your bond, disclosure form, or photo.
(a)CA Business and Professions Code § 22441.1(a) A person engaged in the business or acting in the capacity of an immigration consultant shall satisfactorily pass a background check conducted by the Secretary of State.
(b)CA Business and Professions Code § 22441.1(b) The Secretary of State shall disqualify an individual from acting as an immigration consultant for any of the following reasons:
(1)CA Business and Professions Code § 22441.1(b)(1) Conviction of a felony.
(2)CA Business and Professions Code § 22441.1(b)(2) Conviction of a disqualifying misdemeanor where not more than 10 years have passed since the completion of probation. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this paragraph. The list of disqualifying misdemeanors shall be the same as the disqualifying misdemeanors applicable to notaries public appointed and commissioned pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code.
(3)CA Business and Professions Code § 22441.1(b)(3) Failure to disclose any arrest or conviction in the disclosure form required pursuant to subdivision (c) of Section 22443.1.
(c)CA Business and Professions Code § 22441.1(c) The Secretary of State shall complete a background check on every person engaged in the business or acting in the capacity of an immigration consultant who was bonded and qualified pursuant to this chapter on or before December 31, 2006.
(d)CA Business and Professions Code § 22441.1(d) The Secretary of State shall not file a bond, disclosure form, or photograph from a person who has failed to pass the background check required by this section.
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Section § 22442
If you're an immigration consultant in California, you must provide a client with a written contract before starting any services. This contract needs to clearly outline the services offered, their costs, items to be prepared, and the filing process. Importantly, it must boldly state that the consultant is not a lawyer. The contract should be in English and the client's native language. Clients have 72 hours to cancel the contract if they change their minds. It's unlawful for consultants to make false promises about favored treatment with immigration services. Consultants working for nonprofits and providing free or almost-free services are typically exempt from these rules.
(a)CA Business and Professions Code § 22442(a) Every person engaged in the business, or acting in the capacity of, an immigration consultant who enters into a contract or agreement with a client to provide services shall, prior to providing any services, provide the client with a written contract, the contents of which shall be prescribed by the Department of Consumer Affairs in regulations.
(b)CA Business and Professions Code § 22442(b) The written contract shall include all provisions relating to the following:
(1)CA Business and Professions Code § 22442(b)(1) The services to be performed. Each service to be performed shall be itemized with an explanation of the purpose and process of each service.
(2)CA Business and Professions Code § 22442(b)(2) The cost of each itemized service to be performed.
(3)CA Business and Professions Code § 22442(b)(3) There shall be printed on the face of the contract in 10-point boldface type a statement that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs.
(4)CA Business and Professions Code § 22442(b)(4) The written contract shall list the documents to be prepared by the immigration consultant, shall explain the purpose and process of each document, and shall list the cost for preparing each document.
(5)CA Business and Professions Code § 22442(b)(5) The written contract shall state the purpose for which the immigration consultant has been hired and the actions to be taken by the immigration consultant regarding each document, including the agency and office where each document will be filed and the approximate processing times according to
current published agency guidelines.
(6)CA Business and Professions Code § 22442(b)(6) The written contract shall include a provision that informs the client that he or she may report complaints relating to immigration consultants to the Executive Office for Immigration Review of the United States Department of Justice. The written contract shall also include a provision stating that complaints concerning the unauthorized practice of law may be reported to the State Bar of California. These required provisions shall include the toll-free telephone numbers and Internet Web sites of those entities.
(c)CA Business and Professions Code § 22442(c) An immigration consultant shall not include provisions in the written contract relating to either of the following:
(1)CA Business and Professions Code § 22442(c)(1) Any guarantee or promise, unless the immigration consultant has some basis in fact for making the guarantee or promise.
(2)CA Business and Professions Code § 22442(c)(2) Any statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter.
(d)CA Business and Professions Code § 22442(d) The provisions of the written contract shall be stated both in English and in the client’s native language.
(e)CA Business and Professions Code § 22442(e) A written contract is void if it is not written pursuant to subdivision (d).
(f)CA Business and Professions Code § 22442(f) The client shall have the right to rescind the contract within 72 hours of signing the contract. The contents of this subdivision shall be conspicuously set forth in the written contract in both English and the client’s native language.
(g)CA Business and Professions Code § 22442(g) An immigration consultant shall not make the statements described in subdivision (c) orally to a client.
(h)CA Business and Professions Code § 22442(h) Except if required pursuant to subparagraph (B) of paragraph (2) of subdivision (c) of Section 22442.6, this section does not apply to employees of nonprofit, tax-exempt corporations who help clients complete application forms in an immigration matter free of charge or for a nominal fee, including reasonable costs, consistent with that authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations.
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Section § 22442.1
If you're working as an immigration consultant in California, you have to give your clients a signed receipt for every payment. It has to be on your official letterhead. Additionally, every two months, you must provide a detailed bill showing what services you did and how much was paid. This bill must also be on letterhead and translated into your client’s native language if needed.
(a)CA Business and Professions Code § 22442.1(a) A person engaged in the business or acting in the capacity of an immigration consultant shall provide a signed receipt to a client for each payment made by that client. The receipt shall be typed or computer generated on the consultant’s letterhead.
(b)CA Business and Professions Code § 22442.1(b) A statement of accounting for the services rendered and payments made shall be provided to the client every two months, shall be typed or computer generated on the immigration consultant’s letterhead, and shall display the individual charges and total charges for services and the client’s payments offsetting those charges. The consultant shall provide the client a written translation of the statement in the client’s native language.
immigration consultant signed receipt payment official letterhead statement of accounting services rendered bimonthly statement charges and payments written translation client's native language detailed bill
Section § 22442.2
Immigration consultants in California must have a notice visible in their office detailing their name, address, bond details, and a statement clarifying they are not attorneys. They must also list the services offered and fees, and identify other consultants at the location. Before offering services, they need to provide clients with a written disclosure containing this information in the client's native language. Any advertisements for their services must clearly state they are not attorneys. If they can represent clients before immigration authorities, they need to include this fact in their ads clearly. These advertisements should match the language of the ad, whether it's in English or another language.
(a)CA Business and Professions Code § 22442.2(a) An immigration consultant shall conspicuously display in his or her office a notice that shall be at least 12 by 20 inches with boldface type or print with each character at least one inch in height and width in English and in the native language of the immigration consultant’s clientele, that contains the following information:
(1)CA Business and Professions Code § 22442.2(a)(1) The full name, address, and evidence of compliance with any applicable bonding requirement including the bond number, if any.
(2)CA Business and Professions Code § 22442.2(a)(2) A statement that the immigration consultant is not an attorney.
(3)CA Business and Professions Code § 22442.2(a)(3) The services that the immigration consultant provides and the current and total fee for each service.
(4)CA Business and Professions Code § 22442.2(a)(4) The name of each immigration consultant employed at each location.
(b)CA Business and Professions Code § 22442.2(b) Prior to providing any services, an immigration consultant shall provide the client with a written disclosure in the native language of the client that shall include the following information:
(1)CA Business and Professions Code § 22442.2(b)(1) The immigration consultant’s name, address, and telephone number.
(2)CA Business and Professions Code § 22442.2(b)(2) The immigration consultant’s agent for service of process.
(3)CA Business and Professions Code § 22442.2(b)(3) The legal name of the employee who consulted with the client, if different from the immigration consultant.
(4)CA Business and Professions Code § 22442.2(b)(4) Evidence of compliance with any applicable bonding requirement, including the bond number, if any.
(c)Copy CA Business and Professions Code § 22442.2(c)
(1)Copy CA Business and Professions Code § 22442.2(c)(1) Except as provided in paragraph (2) or (3), an immigration consultant who prints, displays, publishes, distributes, or broadcasts, or who causes to be printed, displayed, published, distributed, or broadcasted, any advertisement for services as an immigration consultant, within the meaning of Section 22441, shall include in that advertisement a clear and conspicuous statement that the immigration consultant is not an attorney.
(2)CA Business and Professions Code § 22442.2(c)(2) Notwithstanding paragraph (1), a person engaging in the business or acting in the capacity of an immigration consultant who is not licensed as an attorney in any state or territory of the United States, but is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, shall include in any advertisement for services as an immigration consultant a clear and conspicuous statement that the immigration consultant is not an attorney but is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services.
(3)CA Business and Professions Code § 22442.2(c)(3) Notwithstanding paragraph (1), a person who is not an active member of the State Bar of California, but is an attorney licensed in another state or territory of the United States and is admitted to practice before the Board of Immigration Appeals or the United States Citizenship and Immigration Services, shall include in any advertisement for immigration services a clear and conspicuous statement that he or she is not an attorney licensed to practice law in California but is an attorney licensed in another state or territory of the United States and is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services.
(4)CA Business and Professions Code § 22442.2(c)(4) If an advertisement subject to this subdivision is in a language other than English, the statement required by this subdivision shall be in the same language as the advertisement.
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Section § 22442.3
This section prohibits immigration consultants from misleadingly translating words that suggest they are lawyers, like "notary public" into "notario publico," in any kind of written material. They cannot claim compliance with certain bonding requirements in an unauthorized way. Violations can lead to significant daily fines and fall under legal penalties like unauthorized law practice. The severity and persistence of the wrongdoing, among other factors, will influence the penalty. Any fines collected are divided between local and state funds. If someone wins a lawsuit against a violator, they can receive their legal fees back.
(a)CA Business and Professions Code § 22442.3(a) An immigration consultant shall not, with the intent to mislead, literally translate, from English into another language, any words or titles, including, but not limited to, “notary public,” “notary,” “licensed,” “attorney,” or “lawyer,” that imply that the person is an attorney, in any document, including an advertisement, stationery, letterhead, business card, or other comparable written material describing the immigration consultant. As provided in this subdivision, the literal translation of the phrase “notary public” into Spanish as “notario publico” or “notario,” is expressly prohibited.
(b)CA Business and Professions Code § 22442.3(b) For purposes of this section, “literal translation of” or “to literally
translate” a word, title, or phrase from one language means the translation of a word, title, or phrase without regard to the true meaning of the word or phrase in the language that is being translated.
(c)CA Business and Professions Code § 22442.3(c) An immigration consultant may not make or authorize the making of any verbal or written references to his or her compliance with the bonding requirements of Section 22443.1 except as provided in this chapter.
(d)CA Business and Professions Code § 22442.3(d) A violation of subdivision (a) or (c) by an immigration consultant shall constitute a violation of subdivision (a) of Section 6126.
(e)Copy CA Business and Professions Code § 22442.3(e)
(1)Copy CA Business and Professions Code § 22442.3(e)(1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a
civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)CA Business and Professions Code § 22442.3(e)(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)CA Business and Professions Code § 22442.3(e)(2)(A) The nature and severity of the misconduct.
(B)CA Business and Professions Code § 22442.3(e)(2)(B) The number of violations.
(C)CA Business and Professions Code § 22442.3(e)(2)(C) The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)CA Business and Professions Code § 22442.3(e)(2)(D) The willfulness of the misconduct.
(E)CA Business and Professions Code § 22442.3(e)(2)(E) The defendant’s assets, liabilities, and net worth.
(3)CA Business and Professions Code § 22442.3(e)(3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)CA Business and Professions Code § 22442.3(e)(4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.
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Section § 22442.4
If you work as an immigration consultant in California, you must provide your fingerprints to the Department of Justice. This is to check your criminal record at both the state and federal levels. The Department of Justice will send this information to the FBI to get a report on your criminal background. The Department will then share the results with the Secretary of State. Also, if you're already bonded before 2007, you must comply by July 1, 2007. The Department charges a fee for this service, and the Secretary of State will not share these results online.
(a)CA Business and Professions Code § 22442.4(a) A person engaged in the business or acting in the capacity of an immigration consultant shall submit to the Department of Justice, fingerprint images and related information required by the Department of Justice for the purpose of obtaining information as to the existence and content of a record of state and federal convictions and arrests and information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail, or on his or her recognizance, pending trial or appeal. An immigration consultant who has been issued a bond as described in Section 22443.1 on or before December 31, 2006, shall submit the fingerprint images and related information to the Department of Justice on or before July 1, 2007.
(b)CA Business and Professions Code § 22442.4(b) The Department of Justice shall forward the fingerprint images and related information received pursuant to subdivision (a) to the Federal Bureau of Investigation and request a federal summary of criminal information.
(c)CA Business and Professions Code § 22442.4(c) The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Secretary of State pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(d)CA Business and Professions Code § 22442.4(d) The Secretary of State shall request from the Department of Justice subsequent arrest notification service, pursuant to Section 11105.2 of the Penal Code, for each person who submitted information pursuant to subdivision (a).
(e)CA Business and Professions Code § 22442.4(e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this section.
(f)CA Business and Professions Code § 22442.4(f) The Secretary of State shall not post on its Internet Web site information received from the Department of Justice.
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Section § 22442.5
This law requires immigration consultants handling services related to new immigration laws to safely keep any money they receive from clients before starting the work in a special account called a client trust account. They can only take money out of this account after finishing specific parts of the job, according to detailed rules. The law also defines what counts as 'immigration reform act,' including certain acts by Congress or orders by the President that allow undocumented immigrants to get legal status under federal law. The State Bar will keep the public informed about these new laws and orders through their website.
(a)CA Business and Professions Code § 22442.5(a) An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b)CA Business and Professions Code § 22442.5(b) For purposes of this section, the following definitions apply:
(1)CA Business and Professions Code § 22442.5(b)(1) “Immigration reform act” means either of the following:
(A)CA Business and Professions Code § 22442.5(b)(1)(A) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a
lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B)CA Business and Professions Code § 22442.5(b)(1)(B) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2)CA Business and Professions Code § 22442.5(b)(2) “Immigration reform act services” means services described in Section 22441 that are provided in connection with an immigration reform act.
(c)CA Business and Professions Code § 22442.5(c) The immigration consultant providing immigration reform act services for the client may
withdraw funds received from that client only in compliance with either of the following:
(1)CA Business and Professions Code § 22442.5(c)(1) After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2)CA Business and Professions Code § 22442.5(c)(2) After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
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Section § 22442.6
This law makes it illegal for immigration consultants to charge upfront for services related to immigration reform acts before those acts are officially enacted. If funds were received after October 5, 2013, but before the reform's enactment, they must be refunded within 30 days. Consultants who accepted payment before this amendment and provided services must give clients an accounting of services within 30 days. If services weren't rendered, the funds must be refunded or deposited into a client trust account. Consultants must inform clients there are no benefits until the laws and regulations are enacted. Violators face penalties up to $1,000 per day and possible legal action by affected parties or the state. Courts can consider various factors like misconduct severity when issuing penalties.
(a)CA Business and Professions Code § 22442.6(a) It is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services in connection with any of the following:
(1)CA Business and Professions Code § 22442.6(a)(1) An immigration reform act as defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 22442.5, before the enactment of that act.
(2)Copy CA Business and Professions Code § 22442.6(a)(2)
(A)Copy CA Business and Professions Code § 22442.6(a)(2)(A) Requests for expanded Deferred Action for Childhood Arrivals (DACA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those
requests.
(B)CA Business and Professions Code § 22442.6(a)(2)(A)(B) Requests for Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the date the United States Citizenship and Immigration Services begins accepting those requests.
(C)CA Business and Professions Code § 22442.6(a)(2)(A)(C) Requests for Expanded Provisional Waivers of Unlawful Presence under an immigration reform act as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 22442.5, before the issuance and effective date of new guidelines and regulations for those provisional waivers.
(D)CA Business and Professions Code § 22442.6(a)(2)(A)(D) Any relief offered under any executive action announced or executive order issued, on or after the effective date of the act adding this subparagraph, that authorizes an undocumented immigrant who either
entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law, before the executive action or order has been implemented and the relief is available.
(b)CA Business and Professions Code § 22442.6(b) Any advance payment of funds for immigration reform act services that was received after October 5, 2013, but before the enactment or implementation of the immigration reform act for which the services were sought, shall be refunded to the client promptly, but no later than 30 days after the receipt of the funds.
(c)Copy CA Business and Professions Code § 22442.6(c)
(1)Copy CA Business and Professions Code § 22442.6(c)(1) If an immigration consultant providing immigration reform act services accepted funds prior to the effective date of this amendment to this section, and the services provided in connection with payment of those funds were rendered, the consultant shall promptly, but no later than 30 days after the
effective date of this amendment to this section, provide the client with a statement of accounting describing the services rendered.
(2)Copy CA Business and Professions Code § 22442.6(c)(2)
(A)Copy CA Business and Professions Code § 22442.6(c)(2)(A) Any funds received before the effective date of this amendment to this section for which immigration reform act services were not rendered prior to the effective date of this amendment to this section shall either be refunded to the client or shall be deposited in a client trust account pursuant to Section 22442.5.
(B)CA Business and Professions Code § 22442.6(c)(2)(A)(B) If an immigration consultant deposits funds in a client trust account pursuant to this paragraph, he or she shall comply with all applicable provisions of this chapter, including Section 22442, and shall provide to the client a written notice, in both English and in the client’s native language, that there are no benefits or relief available, that no application for such benefits or relief may be
processed until enactment or implementation of an immigration reform act and the related necessary federal regulations and forms, and that commencing with the effective date of this amendment to this section, it is unlawful for an immigration consultant to demand or accept the advance payment of any funds from a person for immigration reform act services before the enactment or implementation of an immigration reform act.
(d)Copy CA Business and Professions Code § 22442.6(d)
(1)Copy CA Business and Professions Code § 22442.6(d)(1) In addition to the remedies and penalties prescribed in this chapter, a person who violates this section shall be subject to a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney.
(2)CA Business and Professions Code § 22442.6(d)(2) In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(A)CA Business and Professions Code § 22442.6(d)(2)(A) The nature and severity of the misconduct.
(B)CA Business and Professions Code § 22442.6(d)(2)(B) The number of violations.
(C)CA Business and Professions Code § 22442.6(d)(2)(C) The length of time over which the misconduct occurred, and the persistence of the misconduct.
(D)CA Business and Professions Code § 22442.6(d)(2)(D) The willfulness of the misconduct.
(E)CA Business and Professions Code § 22442.6(d)(2)(E) The defendant’s assets, liabilities, and net worth.
(3)CA Business and Professions Code § 22442.6(d)(3) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the
county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(4)CA Business and Professions Code § 22442.6(d)(4) The court shall grant a prevailing plaintiff reasonable attorneys’ fees and costs.
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Section § 22443
If you're an immigration consultant, you must give your clients a copy of every document you fill out for them, including your name and address. You also have to keep a copy of all these documents for at least three years. If a client gives written consent, you must share their file with law enforcement even without a warrant. Additionally, you must return all original documents to the client—like birth certificates and passports—right after you make copies, unless the originals have to be sent to immigration authorities.
(a)CA Business and Professions Code § 22443(a) A person engaged in the business or acting in the capacity of an immigration consultant shall deliver to a client a copy of each document or form completed on behalf of the client. Each document and form delivered must include the name and address of the immigration consultant.
(b)Copy CA Business and Professions Code § 22443(b)
(1)Copy CA Business and Professions Code § 22443(b)(1) A person engaged in the business or acting in the capacity of an immigration consultant shall retain copies of all documents and forms of a client for not less than three years from the date of the last service to the client.
(2)CA Business and Professions Code § 22443(b)(2) Upon presentation of a written consent signed by a client, an immigration consultant shall provide a copy of the client file to law enforcement without a warrant or a subpoena.
(c)Copy CA Business and Professions Code § 22443(c)
(1)Copy CA Business and Professions Code § 22443(c)(1) A person engaged in the business or acting in the capacity of an immigration consultant shall return to a client all original documents, including, but not limited to, original birth certificates, rental agreements, utility bills, employment stubs, Department of Motor Vehicle licenses with dates of entry, and passports, that the client has provided to the consultant in support of the client’s application.
(2)CA Business and Professions Code § 22443(c)(2) Any original document that does not need to be submitted to immigration authorities as an original document shall be returned by the immigration consultant immediately after making a copy or reproduction thereof.
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Section § 22443.1
If you want to work as an immigration consultant in California, you need to file a $100,000 bond with the Secretary of State, ensuring you follow the rules and don't harm clients. The bond protects clients if the consultant breaks any rules or laws. Consultants must also file a form with personal and business info, disclose any criminal history, and submit identification and a photo. The Secretary of State will post compliant consultants' info online, and charge a fee for filing bonds. However, this doesn't apply to nonprofit employees who provide limited free services. This law started on July 1, 2014.
(a)Copy CA Business and Professions Code § 22443.1(a)
(1)Copy CA Business and Professions Code § 22443.1(a)(1) Prior to engaging in the business, or acting in the capacity, of an immigration consultant, each person shall file with the Secretary of State a bond of one hundred thousand dollars ($100,000) executed by a corporate surety admitted to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to one hundred thousand dollars ($100,000).
(2)CA Business and Professions Code § 22443.1(a)(2) The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure.
(b)CA Business and Professions Code § 22443.1(b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person damaged by any fraud, misstatement, misrepresentation, unlawful act or omission, or failure to provide the services of the immigration consultant or the agents, representatives, or employees of the immigration consultant, while acting within the scope of that employment or agency.
(c)CA Business and Professions Code § 22443.1(c) An immigration consultant who is required to file a surety bond with the Secretary of State shall also file a disclosure form with the Secretary of State that contains all of the following information:
(1)CA Business and Professions Code § 22443.1(c)(1) The immigration consultant’s name, date of birth, residence address, business address, residence telephone number, and business telephone number.
(2)CA Business and Professions Code § 22443.1(c)(2) The name and
address of the immigration consultant’s agent for service of process if one is required to be or has been appointed.
(3)CA Business and Professions Code § 22443.1(c)(3) Whether the immigration consultant has ever been convicted of a violation of this chapter or of Section 6126.
(4)CA Business and Professions Code § 22443.1(c)(4) Whether the immigration consultant has ever been arrested or convicted of a crime.
(5)CA Business and Professions Code § 22443.1(c)(5) If applicable, the name, business address, business telephone number, and agent for service of process of the corporation or partnership employing the immigration consultant.
(d)CA Business and Professions Code § 22443.1(d) An immigration consultant shall notify the Secretary of State’s office in writing within 30 days when the surety bond required by this section is renewed, and of any change of name, address, telephone number, or agent for service of process.
(e)CA Business and Professions Code § 22443.1(e) The Secretary of State shall post information on its Internet Web site demonstrating that an immigration consultant is in compliance with the bond required by this section and has satisfactorily passed the background check required under Section 22441.1, and shall also post a copy of the immigration consultant’s photograph. The Secretary of State shall ensure that the information is current and shall update the information at least every 30 days. The Secretary of State shall only post this information and photograph on its Internet Web site if the person has filed and maintained the bond, filed the disclosure form and photograph required to be filed with the Secretary of State, and passed the background check required by Section 22441.1.
(f)CA Business and Professions Code § 22443.1(f) The Secretary of State shall develop the disclosure form required to file a bond under this section and make it available to any immigration
consultant filing a bond pursuant to this section.
(g)CA Business and Professions Code § 22443.1(g) An immigration consultant shall submit all of the following with the disclosure form:
(1)CA Business and Professions Code § 22443.1(g)(1) A copy of valid and current photo identification to determine the immigration consultant’s identity, such as a California driver’s license or identification card, passport, or other identification acceptable to the Secretary of State.
(2)CA Business and Professions Code § 22443.1(g)(2) A photograph of himself or herself with the dimensions and in the style that would be acceptable to the United States Department of State for obtaining a United States passport, as instructed by the Secretary of State.
(h)CA Business and Professions Code § 22443.1(h) The Secretary of State shall charge and collect a filing fee to cover the cost of filing the bond.
(i)CA Business and Professions Code § 22443.1(i) The Secretary of State shall enforce the provisions of this chapter that govern the filing and maintenance of bonds.
(j)CA Business and Professions Code § 22443.1(j) This section does not apply to employees of nonprofit, tax-exempt corporations who help clients complete application forms in an immigration matter free of charge or for a nominal fee, including reasonable costs, consistent with that authorized by the Board of Immigration Appeals under Section 292.2 of Title 8 of the Code of Federal Regulations.
(k)CA Business and Professions Code § 22443.1(k) This section shall become operative on July 1, 2014.
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Section § 22443.2
If a person doesn't follow the rules for filing and maintaining bonds, or fails a background check as required, the Secretary of State will issue a cease and desist order to that person. The Secretary will also inform the Attorney General about this noncompliance. However, before taking this action, the Secretary must give the person a chance to explain why they should not be disqualified.
(a)CA Business and Professions Code § 22443.2(a) The Secretary of State shall issue a cease and desist order to a person subject to this chapter’s provisions who has failed to comply with the provisions governing the filing and maintenance of bonds or who does not satisfactorily pass a background check required by Section 22441.1, and shall give notice of the person’s noncompliance or failure to satisfactorily pass the background check to the Attorney General. Prior to issuing a cease and desist order to a person pursuant to this subdivision, the Secretary of State shall provide the person with notice and an opportunity to demonstrate that grounds do not exist for disqualification.
(b)CA Business and Professions Code § 22443.2(b) For orders issued for failure to comply with the provisions governing the filing and maintenance of bonds, the order shall include a statement that notice of the person’s noncompliance shall be sent to the Attorney General.
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Section § 22443.3
This law makes it illegal for anyone to promote themselves as an immigration consultant unless they have officially registered with the Secretary of State. This involves filing a disclosure statement and maintaining a bond as specified in another section of the law. Essentially, you can't tell people you're an immigration consultant without these requirements being met.
It is unlawful for any person to disseminate by any means any statement indicating directly or by implication that the person engages in the business or acts in the capacity of an immigration consultant, or proposes to engage in the business or act in the capacity of an immigration consultant, unless the person has on file with the Secretary of State a disclosure statement and a bond, in the amount of, and subject to the terms described in, Section 22443.1, that is maintained throughout the period covered by the statement, such as, but not limited to, the period of a Yellow Pages listing.
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Section § 22444
This law says that immigration consultants must not lie or make false claims to their clients. They can't promise outcomes unless the promise is written and based on facts. They shouldn't claim they have special connections or influence with immigration officials. Additionally, they aren't allowed to charge fees for referring clients to others for services they don't or won't provide themselves. There must be a clear sign in their office about this fee prohibition.
It is unlawful for any person engaged in the business or acting in the capacity of an immigration consultant to do any of the following acts:
(a)CA Business and Professions Code § 22444(a) Make false or misleading statements to a client while providing services to that client.
(b)CA Business and Professions Code § 22444(b) Make any guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for making the guarantee or promise.
(c)CA Business and Professions Code § 22444(c) Make any statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter.
(d)CA Business and Professions Code § 22444(d) Charge a client a fee for referral of the client to another for services which the immigration consultant cannot or will not provide to the client. A sign setting forth this prohibition shall be conspicuously displayed in the immigration consultant’s office.
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Section § 22445
If someone breaks the rules outlined in this chapter, they can be fined up to $100,000 per violation. The Attorney General, district attorney, or city attorney can bring a lawsuit in the name of California's people, and individuals hurt by the violation can also sue. Courts decide the fine amount by considering the seriousness and persistence of the misconduct and the defendant's finances. If a lawyer brings the case on behalf of the state, fines are split between city, county, and state funds. Besides fines, breaking these rules can lead to misdemeanor charges and even jail time, especially for repeat offenses. More serious or repeated offenses might be treated as felonies. Lawsuits must start within four years after the violation is discovered.
(a)Copy CA Business and Professions Code § 22445(a)
(1)Copy CA Business and Professions Code § 22445(a)(1) A person who violates this chapter shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) for each violation, to be assessed and collected in a civil action brought by any person injured by the violation or in a civil action brought in the name of the people of the State of California by the Attorney General, a district attorney, or a city attorney. An action brought in the name of the people of the State of California shall not preclude an action being brought by an injured person.
(2)CA Business and Professions Code § 22445(a)(2) The court shall impose a civil penalty for each violation of this chapter. In assessing the amount of the civil penalty, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(3)CA Business and Professions Code § 22445(a)(3) Any action brought pursuant to this section by the Attorney General, a district attorney, or a city attorney shall also seek relief under subdivision (c) of Section 22446.5.
(4)CA Business and Professions Code § 22445(a)(4) If the Attorney General brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If a district attorney brings the action, the civil penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If a city attorney brings the action, one-half of the civil penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered.
(b)CA Business and Professions Code § 22445(b) In addition to the provisions of subdivision (a), a violation of this chapter is a misdemeanor punishable by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), as to each client with respect to whom a violation occurs, or imprisonment in the county jail for not more than one year, or by both fine and imprisonment. However, payment of restitution to a client shall take precedence over payment of a fine.
(c)CA Business and Professions Code § 22445(c) A second or subsequent violation of Sections 22442.2, 22442.3, and 22442.4 is a misdemeanor subject to the penalties specified in subdivisions (a) and (b). A second or subsequent violation of any other provision of this chapter is a felony punishable by imprisonment in state prison.
(d)CA Business and Professions Code § 22445(d) An action brought pursuant to this section shall be commenced within four years after discovery of the commission of the offense.
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Section § 22446.5
If you believe an immigration consultant has broken the law, you can sue them for money or to stop them, or both. If you win, the court will give you at least triple your actual damages or $1,000 per violation, whichever is more, plus cover your lawyers' fees. If someone else, like the Attorney General or a district attorney, believes a violation affects the public, they can also sue to stop it and will get their legal costs covered if they win. These cases are prioritized in court scheduling.
(a)CA Business and Professions Code § 22446.5(a) A person claiming to be aggrieved by a violation of this chapter by an immigration consultant may bring a civil action for injunctive relief or damages, or both. If the court finds that the defendant has violated a provision of this chapter, it shall award actual damages, plus an amount equal to treble the amount of actual damages or one thousand dollars ($1,000) per violation, whichever is greater. The court shall also grant a prevailing plaintiff reasonable attorneys’ fees and costs.
(b)CA Business and Professions Code § 22446.5(b) Any other party who, upon information and belief, claims a violation of this chapter has been committed by an immigration consultant may bring a civil action for injunctive relief on behalf of the general public and, upon prevailing, shall recover reasonable attorneys’ fees and costs.
(c)CA Business and Professions Code § 22446.5(c) The Attorney General, a district attorney, or a city attorney who claims a violation of this chapter has been committed by an immigration consultant, may bring a civil action for injunctive relief, restitution, and other equitable relief against the immigration consultant in the name of the people of the State of California.
(d)CA Business and Professions Code § 22446.5(d) An action brought under this chapter shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters of the same character and matters to which special preference may be given by law.
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Section § 22447
If someone wins a lawsuit for injuries caused by an immigration consultant's actions, they can collect their damages from a bond that the consultant is required to have. If government officials, like the Attorney General, handle the case, the court can order this bond to be used for payments. If the bond amount drops below the required level because it's been used to pay claims, the consultant must stop working until they restore the bond to the correct amount.
(a)CA Business and Professions Code § 22447(a) A person who is awarded damages in an action or proceeding for injuries caused by the acts of a person engaged in the business of, or acting in the capacity of, an immigration consultant, in the performance of his or her duties as an immigration consultant, may recover damages from the bond required by Section 22443.1. In an action brought by the Attorney General, a district attorney, or a city attorney, the court may order relief for benefit of the injured parties to be paid from the bond.
(b)CA Business and Professions Code § 22447(b) When any claim or claims against a bond have been paid so as to reduce the principal amount of the bond remaining available to pay claims below the principal amount required by Section 22443.1, the immigration consultant shall cease to conduct any business unless and until the bond has been reinstated up to the minimum amount required by Section 22443.1.
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Section § 22448
This law says that if you want to start a civil lawsuit based on this chapter, you have four years to do it from the time you first discover what's going wrong, not from when it actually happened. The clock starts ticking when you find out about the facts of the violation.
Any civil action to enforce any cause of action pursuant to this chapter shall be commenced within four years after the cause of action has accrued. The cause of action is not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the violation.
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Section § 22449
This law states that only immigration consultants, attorneys, notaries public, and accredited organizations can charge fees for helping with applications related to the Deferred Action for Childhood Arrivals (DACA) program. Charging high fees or pressuring clients to buy services quickly to avoid higher costs later, a practice known as price gouging, is not allowed. If these rules are broken, the professionals may face penalties such as fines, disciplinary actions by the State Bar for attorneys, or suspension and revocation of notary commissions. Other penalties outlined in related sections also apply.
(a)CA Business and Professions Code § 22449(a) Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients fees for providing consultations, legal advice, or notary public services, respectively, associated with filing an application under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012.
(b)Copy CA Business and Professions Code § 22449(b)
(1)Copy CA Business and Professions Code § 22449(b)(1) Immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be prohibited from participating in practices that
amount to price gouging when a client or prospective client solicits services associated with filing an application for deferred action for childhood arrivals as described in subdivision (a).
(2)CA Business and Professions Code § 22449(b)(2) For the purposes of this section, “price gouging” means any practice that has the effect of pressuring the client or prospective client to purchase services immediately because purchasing them at a later time will result in the client or prospective client paying a higher price for the same services.
(c)Copy CA Business and Professions Code § 22449(c)
(1)Copy CA Business and Professions Code § 22449(c)(1) In addition to the civil and criminal penalties described in Section 22445, a violation of this section by an attorney shall be cause for discipline by the State Bar pursuant to Chapter 4 (commencing with Section 6000) of Division 3.
(2)CA Business and Professions Code § 22449(c)(2) In addition to the civil and criminal penalties described in
Section 22445, a violation of this section by a notary public shall be cause for the revocation or suspension of his or her commission as a notary public by the Secretary of State and the application of any other applicable penalties pursuant to Chapter 3 (commencing with Section 8200) of Division 1 of Title 2 of the Government Code.
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