22440.  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 Immigration and Naturalization Service, to engage in
the business or act in the capacity of an immigration consultant
within this state except as provided by this chapter.



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:  (1) completing a form
provided by a federal or state agency but not advising a person as to
their answers on those forms; (2) translating a person's answers to
questions posed in those forms; (3) securing for a person supporting
documents, such as birth certificates, which may be necessary to
complete those forms; (4) submitting completed forms on a person's
behalf and at their request to the Immigration and Naturalization
Service; and (5) making referrals to persons who could undertake
legal representation activities for a person in an immigration
matter.
   (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 Immigration
and Naturalization Service, the United States Department of State or
the United States Department of Labor.
   (c) "Compensation" means money, property, or anything else of
value.
   (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.




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 adopted by it.
   (b) The written contract shall include provisions relating to the
following:
   (1) The services to be performed.
   (2) The costs of the services to be performed.
   There shall be printed on the face of the contract in 10-point
bold type a statement that the immigration consultant is not an
attorney and may not perform the legal services that an attorney
performs.
   (c) The written contract shall not include provisions relating to
the following:
   (1) Any guarantee or promise, unless the immigration consultant
has some basis in fact for making the guarantee or promise.
   (2) Any statement that the immigration consultant can or will
obtain special favors from or has special influence with the United
States Immigration and Naturalization Service.
   (d) The provisions of the written contract shall be stated both in
English and in the language of the client.
   (e) 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 language of the client.
   (f) A violation of this section is a misdemeanor.
   (g) This section does not apply to employees of nonprofit,
tax-exempt corporations who help clients, free of charge or  for a
fee, including reasonable costs, consistent with that authorized by
the United States Immigration and Naturalization Service for
qualified designated entities, complete application forms in an
immigration matter.


22442.2.  (a) An immigration consultant shall conspicuously display
in his or her office a notice that shall be at least 12 inches 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
consultant's clientele, the following information:
   (1) The full name, address, and evidence of compliance with any
applicable bonding requirement including the bond number, if any.
   (2) A statement that the consultant is not an attorney.
   (b) Prior to providing any services, an immigration consultant
shall provide the client with a written disclosure that shall include
the immigration consultant's name, address, telephone number, agent
for service of process, and evidence of compliance with any
applicable bonding requirement, including the bond number, if any.
   (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) 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
Immigration and Naturalization Service, shall include in any
advertisement for services as an immigration consultant a clear and
conspicuous statement that the consultant is not an attorney but is
authorized by federal law to represent persons before the Board of
Immigration Appeals or the United States Immigration and
Naturalization Service.
   (3) Notwithstanding paragraph (1), a person engaging in the
business or acting in the capacity of an immigration consultant 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 Immigration and Naturalization Service, shall
include in any advertisement for services as an immigration
consultant a clear and conspicuous statement that the consultant 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 Immigration and
Naturalization Service.
   (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.




22442.3.  An immigration consultant shall not, with the intent to
mislead, literally translate, from English into another language, the
words or titles, including, but not limited to, "notary public,"
"notary," "licensed," "attorney," "lawyer," or any other terms 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.
   (b) For purposes of this section, "literal translation" of a word
or phrase from one language means the translation of a word or phrase
without regard to the true meaning of the word or phrase in the
language that is being translated.
   (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.


22442.4.  An immigration consultant shall notify the Secretary of
State's office within 30 days of any change of name, address,
telephone number, or agent for service of process.



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) 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.
   (c) No person engaged in the business or acting in the capacity of
an immigration consultant shall retain in his or her possession
original documents of a client.



22443.1.  (a) Prior to engaging in the business or acting in the
capacity of an immigration consultant on or after January 1, 1998,
each person shall file with the Secretary of State a bond of fifty
thousand dollars ($50,000) 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 fifty thousand dollars ($50,000).  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) 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) The Secretary of State shall charge and collect a filing fee
to cover the cost of filing the bond.
   (d) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds.
   (e) This section does not apply to employees of nonprofit,
tax-exempt corporations who help clients to complete application
forms in immigration matters, either free of charge or for a fee.
Any fees charged may include reasonable costs and shall be consistent
with fees authorized by the United States Immigration and
Naturalization Service for qualified designated entities.



22443.3.  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 bond, in the amount 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.



22444.  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) Make false or misleading statements to a client while
providing services to that client.
   (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) Make any statement that the immigration consultant can or will
obtain special favors from or has special influence with the United
States Immigration and Naturalization Service.
   (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 consultant's office.




22445.  (a) 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.
   (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) 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.



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) 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) 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.



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.
   (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.


22448.  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.