FINAL BILL REPORT

SB 5715

                              C 117 L 89

BYSenators Newhouse, Talmadge, Owen and Benitz; by request of Attorney General

Regulating the business of immigration consulting.

Senate Committee on Law & Justice

House Committe on Judiciary

Rereferred House Committee on Commerce & Labor

SYNOPSIS AS ENACTED

BACKGROUND:

Recent changes in federal immigration law have caused a dramatic increase in the number of foreign nationals who are applying for U.S. citizenship.  They have also caused a proliferation of immigration consultants who provide non-legal assistance and advice on immigration matters for a fee.

Concern exists that individuals seeking non-legal assistance and advice on immigration matters are not adequately protected from unscrupulous practices and conduct.  It is suggested that rules of practice and conduct be established for immigration consultants in order to minimize potential abuses.

SUMMARY:

The Immigration Assistant Practices Act is established.

Attorneys and legal interns or paralegals operating under the supervision of an attorney are exempt from this act.  Nonprofit corporations and law school clinics are also exempt from this act.

Any person who wishes to engage in the business of an immigration assistant must register with the Secretary of State's office.  Immigration assistants must inform the Secretary of State of any changes in their name, address, or phone number within 30 days of the change.

Immigration assistants are authorized to provide only non- legal assistance or advice.  An immigration assistant must provide the client a written contract prior to providing any service.  The contract must contain certain specific provisions and must be written in both English and in the native language of the client.  The client may rescind the contract within 72 hours of signing the contract.  Certain acts are specifically prohibited.

Any violation of the act constitutes a gross misdemeanor.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 98  0 (House amended)

     Senate   44    0 (Senate concurred)

EFFECTIVE:July 1, 1989