Application To Register As An Immigration Assistant - Washington Secretary Of State Page 3

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Chapter 19.154 RCW - Immigration Assistant Practices Act

19.154.010 – Findings - The legislature finds and declares that assisting persons regarding immigration matters substantially affects the public

interest. The practices of immigration assistants have a significant impact on the residents of the state of Washington. It is the intent of the

legislature to establish rules of practice and conduct for immigration assistants to promote honesty and fair dealing with residents and to

preserve public confidence.

19.154.020 – Definitions - Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Immigration assistant" means every person who, for compensation or the expectation of compensation, gives nonlegal assistance on an

immigration matter. That assistance is limited to:(a) Transcribing responses to a government agency form selected by the customer which is

related to an immigration matter, but does not include advising a person as to his or her answers on those forms;(b) Translating a person's

answer to questions posed on those forms;(c) Securing for a person supporting documents currently in existence, such as birth and marriage

certificates, which may be needed to submit with those forms;(d) Making referrals to attorneys who could undertake legal representation for a

person in an immigration matter.(2) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant, immigrant, or

citizenship status of any person which arises under immigration and naturalization law, executive order, or presidential proclamation, or which

arises under action of the United States immigration and naturalization service, the United States department of labor, or the United States

department of state.(3) "Compensation" means money, property, or anything else of value.

19.154.030 – Exemptions - The following persons are exempt from all provisions of this chapter: (1) An attorney licensed to practice law in this

state where such attorney renders services in the course of his or her practice as an attorney and a legal intern, as described by court rule, or

paralegal employed by and under the direct supervision of such an attorney;(2) A nonprofit corporation or clinic affiliated with a law school in

this state that provides immigration consulting services to clients without charge beyond a request for reimbursement of the corporation's or

clinic's reasonable costs relating to providing immigration services to that client. "Reasonable costs" include, but are not limited to, the costs of

photocopying, telephone calls, document requests, and the filing fees for immigration forms.

19.154.040 - Registration required - Any person who wishes to engage in the business of an immigration assistant must register with the

secretary of state's office and provide his or her name, business address, home address, and business and home telephone numbers.

19.154.050 - Change of address - Immigration assistants who have registered must inform the secretary of state of any changes in their name,

addresses, or telephone numbers within thirty days of the change.

19.154.060 - Nonlegal assistance permitted - Immigration assistants shall offer or provide only nonlegal assistance in an immigration matter as

defined in RCW 19.154.020.

19.154.070 - Written contract — Requirements — Right to rescind. (1) Before providing any assistance, an immigration assistant who has

agreed to provide immigration assistance to a customer shall provide the customer with a written contract that includes the following

provisions:(a) An explanation of the services to be performed; (b) Identification of all compensation and costs to be charged to the customer for

the services to be performed;(c) A statement that documents submitted in support of an application for nonimmigrant, immigrant, or

naturalization status may not be retained by the assistant for any purpose, including payment of compensation or costs;(d) A statement that

the immigration assistant is not an attorney and may not perform legal services. This statement shall be on the face of the contract in ten-point

bold type print; and (e) A statement that the customer has seventy-two hours to rescind the contract. This statement shall be conspicuously set

forth in the contract. (2) The written contract shall be stated in both English and in the language of the customer. (3) A copy of the written

contract shall be provided to the customer by the immigration assistant upon execution of the contract.(4) A customer has the right to rescind a

contract within seventy-two hours of the signing of the contract.(5) Any documents identified in subsection (1)(c) of this section shall be

returned upon demand of the customer.

19.154.080 - Prohibited activities - In the course of dealing with customers or prospective customers, an immigration assistant shall not:

(1) Make any statement that the immigration assistant can or will obtain special favors from or has special influence with the United States

immigration and naturalization service;(2) Retain any compensation for services not performed;(3) Refuse to return documents supplied by,

prepared by, or paid for by the customer upon the request of the customer. These documents must be returned upon request even if there is a

fee dispute between the immigration assistant and the customer;(4) Represent or advertise, in connection with the provision of immigration

assistance, other titles or credentials, including but not limited to "notary public" or "immigration consultant" that could cause a customer to

believe that the immigration assistant possesses special professional skills;(5) Communicate in any manner, oral or written, that registration

under this chapter is an indicator of special skill or expertise or that it allows the person to provide advice on an immigration matter;(6) Give

any legal advice concerning an immigration matter.

19.154.090 - Unfair and deceptive act — Unfair method of competition. The legislature finds and declares that any violation of this chapter

substantially affects the public interest and is an unfair and deceptive act or practice and unfair method of competition in the conduct of trade

or commerce as set forth in RCW 19.86.020.

19.154.100 – Penalty - A violation of this chapter shall be punished as a gross misdemeanor according to chapter 9A.20 RCW.

19.154.900 - Short title - This chapter shall be known and cited as the "immigration assistant practices act."

19.154.901 – Severability - If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or

the application of the provision to other persons or circumstances is not affected.

19.154.902 Effective date — 1989 c 117.This act is necessary for the immediate preservation of the public peace, health, or safety, or support

of the state government and its existing public institutions, and shall take effect July 1, 1989.

Print Form

Immigration Assistant - Registration

Washington Secretary of State

Revised 01/09