Michigan Laws 338.3455 – Exemptions
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The following are exempt from this act:
(a) An attorney at law licensed to practice law in any state or territory of the United States and his or her legal and other support staff working under his or her direct supervision.
Terms Used In Michigan Laws 338.3455
- Business relationship: means a relationship with any of the following:
(i) An individual who serves as a designated school official or principal designated school official as defined by the United States citizenship and immigration services, but only when acting within the scope of authority in that capacity on behalf of the designated educational institution. See Michigan Laws 338.3453Compensation: means money, donations, property, promise of payment, or anything else of value required in exchange for a person's services. See Michigan Laws 338.3453 Consumer: means an individual who utilizes or seeks to utilize the services of an immigration clerical assistant. See Michigan Laws 338.3453 Immigration matter: means any matter affecting the immigrant status, nonimmigrant status, or citizenship status of any individual and includes, but is not limited to, federal or state administrative or court proceedings or the filing of accompanying documents in those proceedings, or both. See Michigan Laws 338.3453 Services: means any action taken on behalf of any consumer for the benefit of that consumer or another individual regarding the immigrant status, nonimmigrant status, or citizenship status of any consumer or other individual, and includes, but is not limited to, the following:
(i) Transcribing responses onto government agency forms on behalf of a consumer relating to an immigration matter. See Michigan Laws 338.3453state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(b) A law student or law school graduate not yet admitted to the bar who is supervised by an attorney licensed to practice law in any state or territory of the United States.
(c) A reputable individual who has a personal, family, or business relationship with the individual subject to the immigration matter and is engaged in an immigration matter for that individual without compensation.
(d) A nonprofit religious, charitable, social service, or similar organization recognized by the board of immigration appeals, and any individual representing such an organization who has been accredited by the board of immigration appeals.
(e) Any individual representing or acting on behalf of an organization who performs only the following services:
(i) Translating documents from a language other than English into English in an immigration matter.
(ii) Properly notarizing signatures on documents in an immigration matter.
(iii) Referring the consumer to an attorney in an immigration matter.
(iv) Taking or arranging for the taking of photographs or fingerprints in an immigration matter.
(v) Arranging for the performance of medical testing and assisting with the obtaining of such medical examination results in an immigration matter.
(vi) Conducting English language and civics courses for consumers in an immigration matter.
(vii) Conducting educational or experiential evaluations, or combinations of educational and experiential evaluations, for consumers in an immigration matter.
(f) A nonprofit religious, charitable, social service, or similar organization that provides the services listed under subdivision (e) without compensation.
(g) A translation business that meets the following criteria:
(i) Was an active member of the American translators association on September 1, 2001, and abides by and is subject to its code of ethical practices.
(ii) Is incorporated.
(iii) Keeps commercial offices in the state of Michigan.
(iv) Derives 90% of its income from the translation business.
(v) Has sales exceeding $100,000.00 per year in the translation business.
(vi) Was engaged in the translation business on September 1, 2001.