broaden your business portfolio by becoming an immigration ......
TRANSCRIPT
Broaden Your Business Portfolioby Becoming an Immigration
Forms Specialist
Amelia Rivas, Texas Notary Public & Immigration Forms Specialist
What is an IFS?•An Immigration Forms Specialist is a professional trained to provide “non-legal immigration services” —services that do not require the qualifications and involvement of an attorney.
Non-Legal Services May Include:
Assisting applicants in completing forms
Providing translations
Securing supporting documents
Submitting completed forms to the USCIS
Making referrals to legal representation
Non-Legal Services May Include:
IFS Services Do NOT Include: Advising a person as how to answer questions on forms
Giving opinions or discussing legal strategies
Selecting forms for the customer
IFS Services Do NOT Include:
Answering questions of a legal nature
Appearing in court on the client’s behalf
Making referrals for a fee or quid pro quo
Business Plan
Post the completed
menu of fees for each form
you service
Create a pre-printed list of fees for each item
Conduct Market
Research
Create a list of the USCIS
Forms you will handle
Determine the services
you will offer to the public
Expenses Involved
Costs of running business
Insurance and Bond
Continued education Supplies
Desired profit
marginSalary Office
Rent
Contract for Services
Provides terms and conditions
Protects the customer
Protects your business
Required by law in some states
Contract for Services
Itemized Services to be performed
Cost of each item
“Not an attorney” disclosure
List of all documents to be prepared
Purpose for hire and all actions to be taken
Provision for reporting complaints
Provision for reporting the unauthorized practice of law
Written in both English and the customer’s native language
Contract for Services
Receipt for Services
Professional standard
Protects your business
Required by law in some states
Growing Demand for Immigration Forms Specialists
The U.S. Census Bureau: 40 million people currently living in the United States were born in a foreign country.
Immigration has accounted for 29 percent of U.S. population growth since the year 2000, according to the Pew Research Center.
Growing Demand for Immigration Forms Specialists
Hundreds of thousands of immigrants apply for naturalization status in the United States each year.
772,623 petitions were filed in 2013 alone, according to the Office of Immigration Statistics.
Growing Demand for Immigration Forms Specialists
Most of the immigrant population is unable to afford the services of an immigration attorney and need lower-cost, non-legal immigration services.
How to get started?
Designated Titles
Licensing and Bonding
Requirements
Advertising Stipulations
Fee Stipulations
Getting Started: 1. Know Your State Designated Titles for IFS
California:Immigration Consultant
Georgia:Immigration Assistance Provider
Illinois:Immigration Assistance Service Provider
Maryland:Immigration Consultant
Michigan:Immigration Clerical Assistant
Minnesota: Immigration Assistance Provider
Nevada:Document Preparation Service Provider
Getting Started: 2.Know Your State Certification and Bond
Surety Bond
Certifications/ Licensing
Application/Registration Requirements
Background Screening
Getting Started: 3.Know Your State Advertising Stipulations
Using the term
“NotarioPublico”
“NotarioPublico” actually means
“attorney” in most Latin
countries
Advertising as a Notary
while “holding
oneself out to be “an
Immigration Specialist.
This restriction
applies only to Notaries
who are NOT qualified and
bonded as Immigration
Claiming to have rights, powers, or
duties unauthorized
by law
This clause prohibits
Immigration Forms
Specialist from providing
unauthorized services…i.e.
IPL
Getting Started: 4. Know Your State Fee Stipulations
Getting Started: 4.1 Know Your State Fee Stipulations
Avoiding the Unauthorized Practice of Law
Begin the conversation
with “I am not an attorney…”
Lead the conversation
with questions
Do not give
opinions
Point out the sources of
the information
Read instructions directly from
forms or official websites
Avoiding the Unauthorized Practice of Law
Show the customer and then
read/translate
Find the official resource
When a client ask “what”,
“how”, “why”
Immigration Forms Specialist FAQ
What are “non legal immigration
services” provided by Immigration Forms
Specialists?
An Immigration Forms Specialist is trained to provide “non legal immigration services” —
services that do not require the qualifications and involvement of an attorney. As such, an
Immigration Forms Specialist does not study the facts of an immigration case and applicable
laws, provide advice and counsel, or represent individuals before immigration authorities. An
Immigration Forms Specialist may assist immigrants in completing blank spaces on
immigration forms or translate their answers to questions on such forms.
How much demand is there for Immigration
Forms Specialists services?
The U.S. immigrant population is steadily growing. The U.S. Census Bureau estimates that more than 40
million people currently living in the United States were born in a foreign country. Immigration has
accounted for 29 percent of U.S. population growth since the year 2000, according to the Pew Research
Center. Hundreds of thousands of immigrants apply for naturalization status in the United States each year —
for example, 772,623 petitions were filed in 2013 alone, according to the Office of Immigration Statistics. Most of the immigrant population is unable to afford
the services of an immigration attorney and need low-cost, non legal immigration services.
Immigration Forms Specialist FAQ
What states allow Immigration
Forms Specialists to serve immigrant communities?
States that permit Immigration Forms Specialists to provide immigration assistance include: Arizona, California, Georgia, Illinois, Maine,
Maryland, Michigan, Minnesota, Nevada, New York, Oklahoma, South Carolina, Utah,
Washington
Immigration Forms Specialist FAQ
What states require Immigration Forms Specialists to post a surety bond?
California, Georgia, Illinois, Nevada, New York, Utah
Immigration Forms Specialist FAQ
What states have special
requirements for Immigration
Forms Specialists?
Arizona – Requires immigration consultants to be certified as legal
document preparers. California – Requires individuals to register as immigration consultants.
Utah – Requires individuals to register as immigration consultants.
Georgia – Requires a license to be an “immigration assistance provider.”
Nevada – Requires individuals to be licensed as a “document preparation
service.”
Immigration Forms Specialist FAQ
What states ban or restrict Immigration
Forms Specialists from
offering non-legal immigration
services?
Oregon – Prohibits anyone who is not an attorney and member of the Oregon State Bar from acting as an immigration
consultant. Colorado – Prohibits individuals who are not attorneys from
representing themselves as immigration consultants.Tennessee – Prohibits Notaries from representing themselves as immigration consultants unless the Notary is accredited by the
federal Board of Immigration Appeals.North Carolina – Prohibits Notaries from representing
themselves as immigration consultants unless the Notary is accredited by the federal Board of Immigration Appeals.
Immigration Forms Specialist FAQ
What services may Immigration Forms Specialists legally provide?
-Complete forms related to immigration matters on behalf of a person without rendering legal advice.
-Translate a person’s answers to questions posed on immigration forms.
-Assist a person in securing supporting documents such as birth certificates or other vital records which
may be needed to complete immigration forms. -Submit completed immigration forms on an
individual’s behalf to immigration authorities. -Make referrals to attorneys who could provide legal
representation for a person in an immigration matter.
Immigration Forms Specialist FAQ
What is considered prohibited
conduct for Immigration
Forms Specialists?
Advising clients on getting a work permit, obtaining a visa or other immigration status matters.
-Advising or selecting particular forms for a client in an immigration matter.-Advising clients on answers to put on an immigration form.
-Advising on immigration benefits and statutes available to an individual.-Advising clients on legal remedies in an immigration which might be available to an
individual.- Representing clients before a government agency or an immigration court unless you are
an attorney or an accredited representative authorized to represent individuals under federal law.
Immigration Forms Specialist FAQ
What business practices
should Immigration Forms
Specialists follow?
-Provide clients with a written contract that clearly states the services to be rendered, the documents to be prepared and the fees for the services, and that include any notices required by state law, in English and the language of the
client.-Provide written notices in their place of business that
comply with state law.-Properly handle funds and payments from a client’s
account.-Promptly return all original documents that a client has
provided to support the client’s application.-Retain a client’s full file for a length of time required by
state law.
Immigration Forms Specialist FAQ
What business practices should
Immigration Forms
Specialistsfollow?
-Making promises to secure benefits in an immigration matter if you do not have a firm basis for making the promise.
-Advertising using the Spanish terms “notario” or “notario publico” that lead immigrants to believe you are authorized to practice law.
-In some states, advertising Notary services if you hold a Notary commission.- In some states, as a Notary claiming to have rights, powers, qualifications, or privileges
that the office of Notary Public does not provide, including the power to counsel on immigration matters.
-In some states, using terms like “immigration consultant” or "immigration specialist” or other description in advertising to convey that you have expertise in immigration matters,
or if you hold a Notary commission.-Withholding documents from a client.-In some states, charging more than the fees authorized by law.-Making false or misleading
statements to a client.-Making any statement that you can or will obtain special favors.
Immigration Forms Specialist FAQ
NOTE: These answers provide general information on non legal immigration services and are not meant to be exhaustive. Readers should consult their state laws to
understand the specific qualifications, requirements,
permitted services and prohibited conduct related to offering non legal immigration services in their state.
Immigration Forms Specialist FAQ
Education: www.nationalnotary.org/immigration/ training
How to fill out the forms for common immigration needs:
•Family Petitions
•Naturalization
•Green Card
•Freedom of Information Act (FOA) requests
•Deferred Action of Childhood Arrivals (DACA)
Opportunities for translating, securing supporting documents, submitting forms, making referrals
Filing, bonding and business requirements for California Immigration Consultants
Contract, advertising and signage requirements
Do’s and don'ts for Notaries who are Immigration Consultants
How to build a reputation as a valuable Immigration Forms Specialist
Thank you for attending
Amelia B. Rivas(210) 723-1228
For more information on NNA’s Immigration Forms Specialist Training
Contact:Jason Barabasz
1-844-855-6761