(1) It is unlawful for an immigration consultant to:

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Terms Used In Utah Code 13-49-401

  • Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
  • Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
         (5)(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;
         (5)(b) translating a person's answer to a question posed in a document provided by a federal or state agency;
         (5)(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;
         (5)(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
         (5)(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:
         (6)(a) immigration and naturalization law;
         (6)(b) executive order or presidential proclamation; or
         (6)(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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. 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
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) make a false or misleading statement to a client while providing services to that client;
     (1)(b) make a guarantee or promise to a client, unless the guarantee or promise is in writing and the immigration consultant has some basis in fact for making the guarantee or promise;
     (1)(c) make a statement that the immigration consultant can or will obtain a special favor from or has special influence with the United States Citizenship and Immigration Services, or any other governmental agency, employee, or official, that may have a bearing on a client’s immigration matter; or
     (1)(d) charge a client a fee for referral of the client to another person for services that the immigration consultant cannot or will not provide to the client.
(2) A sign describing the prohibition described in Subsection (1)(d) shall be conspicuously displayed in the office of an immigration consultant.