Immigration Document Preparer

Transcription

1 Immigration Document Preparer State Regulations & Best Practices Limitations UPL Client Intake State Regulations Surety Bonds Professional Liability Notary Publics Client Agreements Collection of Fees Business Development Building your Network

2 Review: Limitations of an Immigration Document Provider Offering assistance with: Translating Enter data provided by the customer on immigration forms Securing supporting documents for a person Applying for FOIAs, Criminal background checks, Birth certificates, etc. Submitting completed documents Pointing out where to go get documents from the originating country Providing referrals to other services or professionals

3 PROVIDING SERVICE WITHIN THE LIMITS OF THE LAW

4 ISP and the Unauthorized Practice of Law IMMIGRATION CONSULTANT ARE NOT ATTORNEYS AND CANNOT PROVIDE LEGAL ADVICE OR PROVIDE LEGAL SERVICES IN REPRESENTING YOU IN THIS IMMIGRATION MATTER.

5 ISP and the Unauthorized Practice of Law Consequences of UPL Misdemeanor, up to 1 year in jail A fine, up to $1000 OR BOTH!

6 Legal Advice vs. Legal Information What to do How to do it Legal Advice Legal Information

7 Answering Customer s Questions Avoiding UPL when a customer asks: What, how, why? 1. Point to resource: Form Instructions 2. Show your customer the question and answer, then read or translate as needed How? When? What? Here is where we can find the answer. Let s read it together.

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9 CLIENT INTAKE Yes, I can assist you OR I am sorry, you will require an attorney

10 Provide Service, Without Breaking the Law Begin the conversation with I am not an attorney; I am not authorized to give legal advice Lead the conversation with questions Do not give opinions Point out the sources of the information (forms and official websites) Read instructions and requirements directly from forms or official websites

11 Proper customer intake questions are one of the most critical and important steps an an IDP. Protect your customer, and yourself by doing a thorough intake and determining whether client can be assisted or needs legal advice

12 UNCOVERING RED FLAGS WHEN TO REFER TO ATTORNEY Client has prior convictions Client has been detained Client is requesting a waiver Client is requesting an asylum Client is under removal procedures Client says he/she wants to file as a victim of a crime FOIA returned with multiple sections and/or blank pages

13 Immigration Document Preparers Regulations on a national level 3 Categories: 1) State Registration Program 2) Prohibited by State Law 3) Silent on the issue

14 STATE REGISTRATION PROGRAMS: There are currently 9 states with a Registration Program Arizona: Certified Document Preparer Georgia: Immigration Assistance Provider Illinois: Immigration Assistance Service Provider Maryland: Immigration Consultant Michigan: Immigration Clerical Assistant Minnesota: Immigration Assistance Provider Nevada: Certified Document Preparer New York: Immigration Assistance Provider Utah: Immigration Consultant

15 STATES CURRENTLY PROHIBITING IMMIGRATION DOCUMENT PREPARERS New Jersey Washington Remaining states currently silent on the issue. Important note: State laws are subject to change. Check laws pertaining to your state

16 Immigration Document Preparers - Surety Bonds Legally binding contract that ensures obligations will be met. Protects the public from errors, omissions or negligence. Pays out if the actions of an Immigration Document Preparer harms or negatively affects the customer. This value must be paid back by the Immigration Document Preparer Important Note: If your state has a Registration Program, check for possible surety bond requirement.

17 Protecting Yourself Professional Liability (E&O) Policies For Immigration Document Preparers You may be able to obtain Professional Liability or E&O coverage. Check with an insurance professional in your state for availability. Protects you should you make a an error or omission while providing a professional service

18 If you are a Notary Public: If you are a Notary You MAY be prohibited for acting as BOTH a Notary & Immigration Document Preparer. Check your state laws Never advertise as a Notario or Notatario Publico Do not co-mingle your notary & IDP Services business in any way, including co-mingling advertising materials When contracting and invoicing ALWAYS itemize your services in writing: Service fees in most states are set by the Immigration Document Preparers - but should be fair and reasonable

19 Words you may NOT use when advertising Notary Notary Public Notario Notario Publico Lawyer License Licensed

20 Client Services Agreement A Client Services Agreement is Vital for the protection of yourself and your customer.

21 Tips for the Client Agreement Itemize services Disclose fees Utilize disclosure clauses Make sure your customer understands the terms Do not rush the signing of the contract

22 Best Practices / Legal Requirements of Client Agreements Required by law in some states 72-hour right to rescind Written clearly Written in English and Customer s native language

23 DO NOT INCLUDE Immigration Client Agreements No Guarantees No Special Favors No Special Influence

24 Best Practices: Items to include in Client Contracts 1. Itemized Services to be performed 2. Cost of each item 3. Not an attorney disclosure 4. List of all documents to be prepared 5. Purpose for hire and all actions to be taken 6. Provision for reporting complaints 7. Provision for reporting the unauthorized practice of law 8. Written in both English and the customers s native language

25 BEST PRACTICES: The Collection of Fee s Service Fees vs. Filing Fees Always have your customer use a cashier s check for any filing fee made out directly to the USCIS. The USCIS will return a notice of receipt which will establishes temporary status that the clients paperwork is in process.

26 Providing Receipts Providing receipts for services rendered is vital. It is both a smart professional standard and in states such as California is also required by law.

27 Business Development

28 Best Practices Suggestions: Creating a Menu of Services Create a list of the USCIS Forms you will handle Conduct Market Research Create a pre-printed list of fees for each item Determine the services you will offer the public Post the completed menu of fees for each form you service

29 Creating a Menu of Services Step 1: Determining the services you will provide. These may include but are not limited to: Enter data on a form provided by a federal or state agency Translation services Copy services FOIA packages Secure, for a person, supporting documents, such as birth certificates Lifescan services Submit completed forms on a person's behalf and at their request Finger printing services

30 Creating a Menu of Services Step 2 : Create a list of the USCIS Forms you will use most often. These may include: I-130 (petition for alien relative) I-485 (application to adjust status) G-639 (FOIA) I-783 Criminal background check FBI) I-765 Application for employment authorization) I-750 Petition to remove conditions on residence N-400 Application for Naturalization I-821D Application for DACA ( we recommend renewals only) I-90 Application to replace green card I-864 Affidavit of support AR-11 Change of address

31 Creating a Menu of Services Step 3: Create and Execute a Market Research Plan Find out who your competitors are Study the demographics of community you work in Cold call your competitors and ask how much they would charge for the services you have decided to offer Walk into your competitor s offices and ask questions about the services offered Consider the cost of doing business Your objective is to implement fair and competitive prices for the community you serve.

32 Creating a Menu of Services Client Agreement Step 4: Create a Pre-Printed List of Services and Prices. Items required by law may include: 1. Full name, Address & bond number 2. Statement that the Immigration Consultant is not an attorney 3. Services that the IC provides 4. Current and total fee for each service 5. Name of each immigration consultant employed at each location

33 Creating a Menu of Services Interior Signage Step 5: Posting your Menu of fees Signage must be: At least 12 X 20 Inches Bold face type Each character at least 1 inch In English and the Native language of the Immigration Consultant s clientele

34 A successful business doesn't prosper on its own. In addition to hard work and dedication, it is important to build relationships with colleagues and even competitors. Developing your Business Network

35 Developing Your Network Professional Associations Background Screening Services Education Providers Community organizations Surety bond company Immigration Attorneys Photo Services Other Immigration Form Specialists Churches YOU

36 Building a Relationship with an Immigration Attorney Identify Immigration Attorney s in your area Send a letter of introduction Follow-up with a call to meet for a short meet and greet NEVER GIVE OR RECEIVE A FEE FROM AN ATTORNEY FOR THE REFERRAL OF A CUSTOMER

37 Coming Soon! Immigration Forms Software The first interactive software platform for Immigration Service Professionals.