Chapter 546-3 PERMISSIBLE SERVICES AND EXEMPTIONS

Rule 546-3-.01 Permissible services; terms of contract for immigration services

An immigration assistance provider licensee may perform the following services as immigration assistance:

a)	Completing a government agency form on behalf of the client and appropriate to the client's needs;

b)	Transcribing responses to a government agency form which is related to an immigration matter; provided, however, that advice shall not be offered to a client as to his or her answers on such forms;

c)	Translating information on forms to a client and translating the client's answers to questions posed on such forms;

d)	Securing for the client supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;

e)	Notarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States;

f)	Preparing or arranging for the preparation of photographs and fingerprints;

g)	Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; and

h)	Performing such other services that the Secretary of State determines by rule may be appropriately performed by such licensees in light of the purposes O.C.G.A. § 43-20A.

2)	A contract to provide any service in conjunction with immigration assistance shall clearly state the obligations of the immigration assistance provider and the client who is to receive such service.

Rule 546-3-.02 Exemptions

1)

The following persons are exempt from these rules by O.C.G.A. § 43-20A-6:

a)	An attorney licensed to practice law in Georgia or an attorney licensed to practice law in any other state or territory of the United States or in any foreign country when acting with the approval of a judge having lawful jurisdiction over the matter;

b)	A legal intern, clerk, paralegal, or person in a similar position employed or independently contracted by and under the direct supervision of a licensed attorney meeting the requirements in paragraph (a) of this subsection and rendering immigration assistance in the course of employment;

c)	A not for profit organization recognized by the Board of Immigration Appeals under 8 C.F.R. 292.2(a) and employees of such organizations accredited under 8 C.F.R. 292.2(d); and

d)

Any person employing or desiring to employ an alien or nonimmigrant alien, where the organization, its employees, or its agents provide nonlegal advice in conjunction with immigration assistance in immigration matters to alien or nonimmigrant alien employees or potential employees without compensation from the individuals to whom such nonlegal advice in conjunction with immigration assistance is provided.

2)

Any person who provides or offers immigration assistance and is not exempted pursuant to O.C.G.A. § 43-20A-6 shall post signs at his or her place of business setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance. Each language shall be on a separate sign. Signs shall be posted in a location where the signs will be visible to clients. Each sign shall be at least 12 inches by 17 inches and shall contain the following statement:

"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

3)

Every person engaged in immigration assistance that is not an attorney and that advertises immigration assistance in a language other than English shall include conspicuously in such advertisement the following notice in English and the language in which the advertisement appears: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If such advertisement is by radio or television, the statement may be modified but shall include substantially the same message.

4)

Any person who provides or offers immigration assistance that is not exempted pursuant to O.C.G.A. § 43-20A-6 shall not, in any document identifying such person as an immigration assistance provider, translate from English into another language terms or titles including, but not limited to, notary public, notary, licensed, attorney, lawyer, or any other term that implies the person is an attorney.

5)

A person engaged in providing immigration assistance that is not exempted pursuant to O.C.G.A. § 43-20A-6 as a licensed attorney shall not:

a)	Refuse to return documents supplied by, prepared on behalf of, or paid for by the client upon the request of the client. Such documents shall be returned upon request even if there is a fee dispute between such person and the client;

b)

Represent or advertise, in conjunction with immigration assistance, other titles or credentials, including but not limited to "notary public" or "immigration consultant," that could cause a client to believe that the person possesses special professional skills or is authorized to provide advice on an immigration matter; provided, however, that a certified notary public may use the term "notary public" if the use is accompanied by the statement that the person is not an attorney and the term "notary public" is not translated to another language; or

c)	Provide materially false or misleading information in an application for licensure or renewal of a license.

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