13-49-201.  Requirement to be registered as an immigration consultant — Exemptions.

(1) 

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Terms Used In Utah Code 13-49-201

  • Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
(a) services;
(b) personal or real property; or
(c) another thing of value. See Utah Code 13-49-102
  • Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
    (a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
    (b) translating a person's answer to a question posed in a document provided by a federal or state agency;
    (c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
    (d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
    (e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
  • Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
    (a) immigration and naturalization law;
    (b) executive order or presidential proclamation; or
    (c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (a)  Except as provided in Subsection (1)(b), an individual may not engage in an activity of an immigration consultant for compensation unless the individual is registered under this chapter.

    (b)  Except for Subsections 13-49-303(3) and (4), this chapter does not apply to an individual authorized:

    (i)  to practice law in this state; or

    (ii)  by federal law to represent an individual before the Board of Immigration Appeals or the United States Citizenship and Immigration Services.

    • (2)  An immigration consultant may only offer nonlegal assistance or advice in an immigration matter.

    Amended by Chapter 348, 2016 General Session

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