ASSEMBLY, No. 340

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen PASCRELL and DiGAETANO

An Act concerning the unauthorized practice of immigration law and supplementing chapter 170 of Title 2A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. This act shall be known and may be cited as the "Immigration and Nationality Law Practice Act."

    b. As used in this act:

    (1) "Immigration consultant" means any person or corporation in the business of rendering services for a fee, including the completion of forms and applications, to another person in furtherance of that person's desire to determine or modify his status in an immigration or naturalization matter under federal law.

    (2) "Immigration or naturalization matter" means any matter which involves any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States.

    (3) "Immigration-related document" means any birth certificate or marriage certificate; any document issued by the government of the United States, any foreign country, any state, or any other public entity relating to a person's immigration or naturalization status.

    c. Any immigration consultant not licensed as an attorney or counselor at law who:

    (1) Engages in this State in the practice of law; or

    (2) Holds himself out to the public, either alone or together with, by or through another person, whether such other person is licensed as an attorney or counselor at law or not, as engaging in or entitled to engage in the practice of law, or as rendering legal service or advice, or as furnishing attorneys or counsel, in any immigration or naturalization matter; or

    (3) Assumes, uses or advertises the title of lawyer or attorney at law, or equivalent terms, in the English language or any other language, is guilty of a crime of the fourth degree.

    d. Any person who knowingly retains possession of another person's immigration-related document for more than a reasonable time after the person who owns the document has submitted a written request for the document's return is guilty of a crime of the fourth degree.

    e. Nothing in this section shall be construed to prohibit a person accredited as a representative by federal law pursuant to 8 CFR 292.2 from providing immigration services.

    2. This act shall take effect on the ninetieth day following enactment.

STATEMENT

    According to recent reports, some immigrants and resident aliens seeking American citizenship or other changes of residency status in this country have been defrauded by persons who misrepresent themselves as attorneys. These individuals, who may call themselves "immigration consultants" or similar titles, may promise special favors in exchange for large sums of money, and may enforce payment by refusing to return important documents to the immigrants. These individuals have been successful in passing themselves off as attorneys not only to uninformed foreigners who speak little English, but also, on occasion, in appearances before U.S. immigration officials as well.

    This bill is designed to prevent such abuses. The bill provides that any person or corporation in the business of rendering services for a fee, including the completion of forms and applications, to another person in furtherance of that person's desire to determine or modify his status in an immigration or naturalization matter who is not licensed as an attorney is guilty of a crime of the fourth degree if he engages in this State in the practice of law; holds himself out the public as engaging in or entitled to engage in the practice of law, or as rendering legal service or advice in any immigration or naturalization matter; or uses or advertises the title of law or attorney at law.

    In addition, the bill provides that any person who knowingly retains possession of another person's immigration-related document for more than a reasonable time after the person who owns the document has submitted a written request for the document's return is guilty of a crime of the fourth degree.

    The bill provides that it shall not be construed to prohibit persons accredited by federal law to act as immigration representatives from providing immigration services.

Prohibits the unauthorized practice of law by "immigration consultants."