County of Los Angeles Department of Consumer Affairs New Consumer Laws 2007

Immigration Consultants: Must Pass Criminal Background Checks

B&P Code Section 22442 et al

The Immigration Consultants Act regulates immigration consultants. Among other things, consultants are required to file a $50,000 bond with the Secretary of State (SOS) prior to doing business. The law also requires consultants to give their customers a written contract that has a three-day right to cancel, lists the services to be provided, and states the total cost for the services.

This new law increases protections for consumers by:

• Requiring immigration consultants to pass a criminal background check conducted by the SOS, and prohibiting the SOS from filing a bond for an immigration consultant that fails to pass the test.
• Requiring the SOS to issue a cease and desist order to an immigration consultant who fails to maintain a valid bond. The SOS is also required to notify the Attorney General if the immigration consultant has failed to comply with the bond requirement.
• Requiring immigration consultant contracts to include a notice telling consumers they can complain with the Office of Immigrant Assistance of the Department of Justice. The notice has to tell consumers they can also file a complaint with the State Bar for the unauthorized practice of law. The notice has to include the phone numbers and websites for these two agencies.

For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
web site: dca.lacounty.gov