What an immigration consultant in California must do by law

This page lists what California law requires of immigration consultants. It is general information, not legal advice. For warning signs and how to check a helper fast, see Warning signs of an immigration scam.

Who is allowed to give immigration advice?

Only two kinds of people may give you legal advice on an immigration case or represent you:

• A licensed lawyer
• A person the federal government authorizes to represent people before the Board of Immigration Appeals or USCIS, such as a DOJ accredited representative working at a recognized nonprofit

Everyone else who charges for immigration help in California is an immigration consultant under state law, and must follow every rule on this page. A consultant can help with paperwork. A consultant can never choose your path, tell you what to answer, or go to court for you.

What can a consultant do?

Only nonlegal help. The law lists it:

• Fill out a government form, without advising you on what to answer
• Translate your answers to the questions on the form
• Get supporting papers, such as birth certificates
• Send your finished forms to USCIS, if you ask them to
• Refer you to someone who can give legal representation

What can a consultant never do?

• Give legal advice, or tell you which form or program fits you
• Represent you in immigration court
• Tell you anything false or misleading
• Promise or guarantee a result, unless the promise is in writing and they have a real factual basis for it
• Claim they have special influence or "know someone" at USCIS or any government office
• Charge you a fee for sending you to someone else for a service they cannot do
• Advertise or say they are a consultant without a bond and disclosure on file with the Secretary of State
• Pressure you to buy DACA help right now because "the price will go up" (that is price gouging, and California bans it)

What must they give me before I pay?

Before they do any work, a consultant must give you two things.

1. A written disclosure, in your native language. It must show:

• The consultant's name, address and phone number
• Their agent for service of process (the person who accepts court papers for them)
• The legal name of any employee who met with you, if different
• Their bond information, including the bond number

2. A written contract, in English and in your native language. A contract that is not in both languages is void. It must:

• List each service and its cost
• List each paper they will prepare, what it is for, what it costs, which agency it goes to, and about how long that agency takes
• Say on the front, in bold type, that the consultant is not an attorney and cannot do legal work that only lawyers may do
• Tell you that you can complain to the Executive Office for Immigration Review and to the State Bar of California, with their toll free numbers and websites
• State your right to cancel within 72 hours, clearly, in both languages

The state's standard contract rules (16 CCR 3840) add three more things to look for:

• The translation is printed on the back of the English page.
• The contract says the consultant may not keep your original papers because you have not paid.
• The contract is not valid until you get a copy signed by everyone.

Never sign a blank form, or a form with answers you know are not true.

What must be posted in their office?

Look for a sign at least 12 by 20 inches, in bold type, in English and in the language of the clients they serve. It must show:

• The consultant's full name, address and bond information
• A statement that they are not an attorney
• The services they offer, with current fees and total fees
• The name of each consultant working at that location

There must also be a sign saying the consultant may not charge a fee for referring you to someone else.

Their ads must clearly say they are not an attorney, in the same language as the ad.

What about my payments?

• A receipt for every payment. Signed, typed or printed on the consultant's letterhead.
• A statement every two months. It must list each charge, the total, and what you have paid, with a written translation in your native language.
• No early payment for programs that do not exist yet. A consultant may not take money in advance for a new immigration law or new executive program before it passes or opens. Money taken that way must be refunded within 30 days.
• Trust account for new program money. When a consultant does take money for help under a new immigration program, the money must go into a client trust account and can be taken out only as each listed service is finished.

Keep every receipt, contract and statement. Pay in a way that leaves a record.

What about my papers?

A consultant must:

• Give back your originals, such as a passport, birth certificate, rental agreement, pay stubs or utility bills. If an original does not need to be sent to immigration, it must be returned right after it is copied.
• Give you a copy of every form they fill out for you, with their name and address on it.
• Keep copies of your file for at least 3 years after their last work for you.
• Give your file to law enforcement if you sign a written consent.

What checks must the consultant pass?

• A background check by the Secretary of State, with fingerprints sent to the California Department of Justice and the FBI. A felony conviction disqualifies a person. Some misdemeanors do too, within 10 years after probation ends.
• A $100,000 bond, filed with the Secretary of State, from a surety company allowed to do business in California. It protects people harmed by the consultant's fraud, lies, illegal acts or failure to do the work. The $100,000 is the total for everyone harmed.
• A disclosure form, photo ID and photo, filed with the Secretary of State. The consultant must report a renewed bond, or a new name, address or phone, within 30 days.

The Secretary of State posts which consultants are in compliance online and updates the list at least every 30 days. If a consultant's bond or background check fails, the Secretary of State must order them to stop and tell the Attorney General. If the bond drops below $100,000 because of claims, the consultant must stop working until it is restored.

Can I cancel?

Yes. Within 72 hours of signing, you can cancel, owe nothing, and get all your money back (California Secretary of State). After 72 hours, you can still cancel at any time. Do it in writing and keep a copy.

What you owe after 72 hours depends on the work done. The state's standard contract says (16 CCR 3840):

• If the work was substantially finished, you owe the full fee and costs.
• If not, you owe the reasonable value of the work done plus costs, and never more than the full fee.

The standard contract gives you the right to a refund but does not set a number of days to pay it (16 CCR 3840). Ask for it in writing by a date you choose, and keep a copy.

Example (made up to show the steps): Rosa signs a $900 contract on a Monday at 10 a.m. and pays $300. On Wednesday morning she changes her mind. She is still inside 72 hours. She writes, "I cancel my contract signed on Monday. Please return my $300 and my birth certificate by Friday," keeps a photo of the note, and hands it in. If the consultant does not pay, she can report it and use small claims.

What happens if they break these rules?

The law has teeth.

• Crime: breaking these rules is a misdemeanor. The fine is $2,000 to $10,000 for each client harmed, and up to one year in county jail. Paying back clients comes before paying the fine. A repeat violation of most rules is a felony.
• Civil penalty: up to $100,000 for each violation, in a case brought by the Attorney General, a District Attorney, a city attorney or a person harmed.
• Your own lawsuit: a court that finds a violation awards your actual losses plus three times those losses or $1,000 per violation, whichever is more, plus attorney fees. You have 4 years from when you found out. See Small claims against a consultant.
• The bond: a person awarded damages can collect from the consultant's bond.

Who does not have to follow these rules?

• Lawyers, and people federally authorized to represent others before the Board of Immigration Appeals or USCIS
• Employees of nonprofit, tax exempt organizations who help with forms for free or for a small fee. They do not need the consultant contract or the bond.

Nonprofits are a good place to start. See Free or low cost immigration legal help in the Bay Area and How to find a lawyer you can trust.

Mistakes to avoid

• Paying before you see a contract in your language
• Accepting "we don't do contracts" or "the bond is coming"
• Leaving your passport or birth certificate with them
• Letting them pick your form or program for you
• Paying for a "new law" you heard about on social media
• Going back to the same consultant to fix a mistake they made

Questions people ask

My consultant is also a notary. Can they give advice? No. Being a notary does not make someone a lawyer. The California Attorney General says notaries may not give immigration legal services.

They say they are "accredited." How do I check? Accredited representatives work through recognized nonprofit organizations listed by the U.S. Department of Justice. See How to check an accredited representative.

Can a consultant charge for USCIS forms? Most USCIS forms are free to download. The Secretary of State warns you to be careful if someone charges you for them.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• California Secretary of State, bond lookup: 916-653-3984, or the online search
• California Attorney General, complaints: oag.ca.gov/report. Questions about immigrant rights: immigration@doj.ca.gov
• State Bar of California, for anyone acting like a lawyer: 800-843-9053
• Community Legal Services in East Palo Alto: 650-326-6440. clsepa.org

The rules are on your side. Knowing them protects you and your neighbors.

Is there a checklist I can print?