A person may not engage in an activity of an immigration consultant for compensation unless the person is either exempt under Utah Code Ann. Section 13-49-201 (1)(b) or registered with the Division under Section 13-49-201(1)(a).
Frequently Asked Questions (click question to view answer)
Q: Who is an immigration consultant?
A: An Immigration Consultant means a person who provides nonlegal assistance or advice on an immigration matter, including:
completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
translating a person's answer to a question posed in a document provided by a federal or state agency;
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;
submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; and
referring a person who could undertake legal representation activities in an immigration matter.
Q: Who is exempt from having to register as an immigration consultant?
A: A person who is either authorized to practice law in the state of Utah, or authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services.
Q: How much does it cost to register as an immigration consultant?
A: There is a $200.00 application fee to register with the Division of Consumer Protection. There is a separate fee assessed by BCI for a criminal background check at rates determined by the level of service provided by that agency.
Q: What does it take to register?
A: An applicant must submit the application fee and submit to a criminal background check. An applicant will be denied a permit if the applicant has ever been convicted of a felony or, within the last 10 years, a misdemeanor involving theft, fraud, or dishonesty. An applicant must also post a cash or surety bond in the amount of $50,000.
