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Orientation · 9 min of reading and practice
Four questions that work for reading any state, five states verified with the rule cited, and a way out for anyone living where this is a crime.
A preparer in California and another one in Washington do exactly the same thing with the same form, on the same Tuesday, charging the same. One has a registered business. The other one may be on their state's list of prohibited practices. Before you go on: what do you think changes between the two, if the conduct is identical?
By the end you will be able to
You already have the three federal edges of 8 CFR 1.2. Today the other half is added: the federal rule describes a gap, and on top of that gap each state puts its own rule. You comply with both at the same time.
States do not decide the same way. Some register you and set a price of entry. Others prohibit specific acts even if you are registered. Another one prohibits the sign. And another one makes it a crime. There are five verified states here; if yours is not among them, this lesson does not give you the answer, it gives you how to look for it.
Four questions work for reading any state. What does your state call this trade? Does it require you to register or to post a bond? What specific acts does it prohibit, even if you are registered? And what happens if you do them anyway: a civil penalty, or a crime?
What this lesson does NOT qualify you to do
In your state · CA
California registers you. B&P 22441(a) calls anyone who gives non-legal assistance or advice on an immigration matter an "immigration consultant". And it names the act: "Completing a form provided by a federal or state agency but not advising a person as to their answers on those forms". The same list mentions translating answers, obtaining supporting documents, submitting completed forms and making referrals. And B&P 22443.1 requires filing a one hundred thousand dollar bond with the Secretary of State.
In your state · NY
New York prohibits the same sign California registers. GBL 460-d(2) bars assuming, using or advertising titles such as "notary public", "notario", "immigration specialist" and "immigration consultant". Copying one state's sign over to the one next door is an expensive mistake.
In your state · WA
Washington prohibits acts, not the trade. RCW 19.154.060(2)(b) prohibits, for compensation, "Selecting or assisting another in selecting, or advising another as to his or her answers on" a government form. And (2)(e) prohibits "Explaining, advising, or otherwise interpreting the meaning or intent of a question". Explaining what a question means, when you charge for it, is on the list.
In your state · AZ
Arizona makes it a crime. A.R.S. 12-2701 defines the unauthorized practice of immigration law in almost the same words as 8 CFR 1.2. A.R.S. 12-2703(A) declares it unlawful to provide for compensation any service that is that practice, and 12-2703(E) says that whoever violates that chapter is guilty of a class 6 felony.
In your state · NV
Nevada says what you can hand over. NRS 240A.240(1)(g) allows anyone who is registered to hand over "published factual information, written or approved by an attorney, relating to legal procedures, rights or obligations". Published information approved by an attorney: that you hand over. Your own explanation, no.
We are going to work through a Washington case, because it is the one closest to everyday work. Someone points at a box on the form and asks: "what does this mean?". You charge for the service.
Careful
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