Michigan Laws 338.3467 – Prohibited conduct
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 338.3467
- Consumer: means an individual who utilizes or seeks to utilize the services of an immigration clerical assistant. See Michigan Laws 338.3453
- Immigration clerical assistant: means any individual who provides or offers to provide services, for compensation, relating to any immigration matter. 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
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- 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
(1) An immigration clerical assistant shall not do any of the following:
(a) Offer or give legal advice including, but not limited to, selecting the type of application or form to be submitted to a government agency, recommending a procedure to be followed in seeking a benefit under the immigration and nationality act, chapter 477, 66 Stat. 163, and altering or deleting language on standard immigration forms.
(b) Engage in the unauthorized practice of law as determined by a court of competent jurisdiction.
(c) Represent that services he or she offers or provides are legal advice or legal services.
(d) Falsely represent that services he or she offers or provides are necessary.
(e) Falsely represent that services he or she offers or provides are in response to a request by or on behalf of a consumer.
(f) Represent that the life, safety, or welfare of the consumer and his or her family would be adversely affected if the services of an immigration clerical assistant are not provided.
(g) Fail to reveal a material fact regarding an immigration matter or regarding services that could not be reasonably known to the consumer, the omission of which tends to mislead or deceive the consumer.
(h) Take advantage of a consumer’s inability to protect his or her interests if the immigration clerical assistant knows or should reasonably know of a consumer’s disability, illiteracy, or inability to understand the language of any documentation or government form.
(i) Regarding services not described in section 11, charge a consumer a price for services that is not reasonable under the circumstances.
(j) Make a false or fraudulent representation of fact or statement material to the services provided.
(k) Fail to reveal facts material to the services provided in light of representations of fact made in a positive manner.
(l) Engage in any method, act, or practice that is unfair or deceptive.
(m) Act as an intermediary between the consumer and the federal government in an immigration matter.
(n) Make any representation orally or in writing that he or she guarantees or promises a specific immigration benefit or result.
(o) Represent or imply that he or she will be able to obtain any special influence over, or treatment from, any government entity with respect to an immigration matter.
(p) Use a term implying that he or she is approved, certified, or licensed by the state of Michigan or the federal government.
(2) An immigration clerical assistant shall not, in any document, advertisement, stationery, letterhead, business card, or other comparable written material describing the role of the immigration clerical assistant, literally translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies that the person is an attorney. As used in this subsection, “literally translate” 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.