Section 485.10  Registration

 

Persons engaged in the offering of immigration assistance service (hereafter "immigration service providers") must complete and file with the Office of the Attorney General an annual registration statement in the form set forth in Exhibit A of this Part and must comply with the terms of that statement.  The registration statement shall be filed each year on or before the anniversary date of the original filing.

 

Section 485.20  Malpractice Insurance and/or Surety Bond

 

Persons engaged in the provision of immigration assistance service shall secure malpractice insurance with a minimum policy limit of $100,000, or a surety bond in the amount of $100,000, and shall submit to the Office of the Attorney General verification of the surety in the form set forth in Exhibit B or C of this Part, respectively. Reverification shall be submitted annually with the registration statement.

 

Section 485.30  Changes in Registration or Verification  

 

Registrants must provide written notification to the Attorney General of any changes in the information reported in the registration statement or in the insurance or surety bond verification forms within 90 days after the changes.

 

Section 485.40  Maximum Fees for Services

 

a)         Preparation and Completion of Forms.  Immigration service providers shall charge no more than $5 per quarter hour (15 minutes) for permissible services listed below:

 

1)         Completing a government agency form, requested by the customer and appropriate to the customer's needs, only if the completion of that form does not involve a legal judgment for that particular matter.

 

2)         Transcribing responses to a government agency form that is related to an immigration matter, but not advising a customer as to his or her answers on those forms.

 

3)         Translating information on forms to a customer and translating the customer's answers to questions posed on those forms.

 

4)         Securing for the customer supporting documents currently in existence, such as birth and marriage certificates, that may need to be submitted with government agency forms.

 

5)         Translating documents from a foreign language into English.

 

6)         Preparing or arranging for the preparation of photographs and fingerprints.

 

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

 

b)         No Attorney Referral Fees.  No person subject to these regulations may charge fees directly or indirectly for referring an individual to an attorney who could undertake legal representation for a person in an immigration matter.

 

c)         Notarization Fees.  Persons subject to these regulations may charge a fee for notarizing documents as permitted by the Illinois Notary Public Act [5 ILCS 312].

 

d)         English, Civics Courses.  Persons subject to this Part may charge reasonable fees for the provision of English and Civics courses, but these fees shall not exceed $5 per classroom hour of instruction.

 

e)         Envelopes, Photographs.  Any person subject to this Part may charge for the provision of envelopes and photographs only if the person who is charged is advised, orally and in writing, and in a language understood by that person, that s/he is free to obtain his or her own photographs and envelopes, and may supply them for use in any submission to INS at no additional charge.  No person subject to this Part may charge for the provision of more photographs than are required by the INS and that are to be provided to INS as part of any submission prepared in whole or in part by such person.

 

Section 485.50  Contracts:  Time and Manner of Cancellation

 

A person subject to this Part shall provide the consumer with a contract written in English and in the language of the consumer.  The contract shall state a time and manner for cancellation as follows:

 

a)         Time for Cancellation: 3-Day Right of Cancellation. The contract for services must inform the consumer that s/he may rescind the contract within 72 hours, or 3 business days, after entering into the contract.  This right of cancellation is in addition to any right of cancellation provided for by Section 2B of the Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505/2B] or any other statute.

 

b)         Business Day Defined. For purposes of calculating the 3-day period discussed in subsection (a) above:

 

1)         Sunday shall not be calculated as a business day.

 

2)         Saturday shall be calculated as a business day.

 

c)         Manner of Cancellation.  The contract must inform the consumer how s/he may cancel the contract for services.

 

Section 485.60  Signs and Advertising

 

a)         A person subject to this Part shall post on his or her premises the signs described below in English and in every other language in which the person provides or offers to provide assistance in immigration matters.  English and foreign language signs shall be posted on separate signs.  These individual signs shall be posted in a location where they will be visible to customers.  Each sign shall be at least 11 inches by 17 inches, and the print on each sign shall be at least 1-1/2 inches tall.  Each sign shall contain the following words or their substantial equivalents:

 

1)         The statement "I AM NOT AN ATTORNEY OR A LEGAL REPRESENTATIVE ACCREDITED BY THE IMMIGRATION AND NATURALIZATION SERVICE."

 

2)         The statement "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE IMMIGRATION AND NATURALIZATION SERVICE OR THE UNITED STATES BOARD OF IMMIGRATION APPEALS," if applicable.

 

3)         Any fee schedule or fees charged for services rendered.

 

4)         The statement "YOU MAY CANCEL ANY CONTRACT WITHIN 3 BUSINESS DAYS AND HAVE YOUR MONEY AND DOCUMENTATION RETURNED TO YOU FOR SERVICES NOT PERFORMED."

 

b)         Every person engaged in immigration assistance service who is not an attorney and who advertises immigration assistance service in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with such advertisement a notice in English and the language in which the advertisement appears.  This notice shall be of a conspicuous size, if in writing, and shall state:  "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 made by radio or television, the statement may be modified but must include substantially the same message.

 

Section 485.EXHIBIT A  Registration Statement

 

STATE OF ILLINOIS

OFFICE OF THE ATTORNEY GENERAL

CONSUMER FRAUD BUREAU

100 WEST RANDOLPH STREET - FLOOR 12

CHICAGO, ILLINOIS 60601

 

REGISTRATION STATEMENT OF IMMIGRATION SERVICE PROVIDER

 

            NOTE:            The Registrant shall not, by completing this form, construe such action as an approval or sanction of the business practices of the Registrant by the State of Illinois or the Office of the Attorney General.

 

Today's Date:______________________

 

This registration statement, together with verification of malpractice insurance and/or a surety bond in the amount of $100,000, is to be filed with the Office of the Attorney General. When a change in the information contained in either of these statement occurs, the registered immigration service provider must file a statement of amendments within 90 days.

 

1.

Name of immigration service provider:

Address, City, Zip Code:

Area Code and Telephone:

2.

Legal description of immigration service provider (i.e., corporation, partnership, assumed name, etc.):

3.

Name, address and telephone number of individuals authorized to accept service of process on behalf of the immigration service provider.

4.

Name, address and telephone number of any and all persons who directly or indirectly own or control 10% or more of the immigration service provider's business. (If additional space is needed, attach listing.)

5.

Malpractice Insurance and/or Surety Bond Information. Please check one of the following, and complete relevant sections below: ____  I have Malpractice Insurance ___  I have a Surety Bond

A.        MALPRACTICE INSURANCE INFORMATION

1.         Name, address, telephone of Malpractice Insurance

Carrier:

2.         Policy No.:

3.         Policy Amount:

4.         Expiration Date:

B.        SURETY BOND INFORMATION

1.         Name, address, telephone of Bonding Company:

2.         Bond No.:

3.         Bond Amount:

4.         Expiration Date:

6.         Has there, during the existence of the immigration service provider's business operation,  ever been any litigation or complaint filed against it by a local or governmental authority of the State of Illinois, any other state, or the United States, relating to the business operations of the registering immigration service provider?

yes        no

7.         If the answer to question 6 above is "no," complete and notarize the following statement:

I,                             , under oath, do hereby affirm there has been no litigation or complaint filed against                              (name of provider) by any local or governmental authority of the State of Illinois, any other state, or the United States.

Signature of Affirmant, Title or Official Capacity

Subscribed and affirmed to before me this          day of                            ,     .

NOTARY PUBLIC

(Seal)

8.         If the answer to question 6 above is "yes," answer the following:

i)     Name and address of the plaintiff or complainant.

ii)     Name and address of the court or governmental office where the lawsuit or complaint was filed.

iii)    Filing number of the lawsuit or complaint brought against the immigration service provider.

iv)    Date when the lawsuit or complaint was filed

v)     A brief description of the nature of the lawsuit or complaint.

(Attach additional pages if necessary.)

vi)    What outcome (i.e., trial, settlement)?

9.         If the answer to question 6 above is "yes," complete and notarize the following statement:

I,                       , under oath, do hereby affirm the foregoing statements and affirm any and all attachments are true and correct.

Signature of Affirmant,  Title or Official Capacity

Subscribed and affirmed to before me this            day of                          ,      .

NOTARY PUBLIC

(Seal)

 

 

Section 485.EXHIBIT B  Verification of Malpractice Insurance

 

STATE OF ILLINOIS

OFFICE OF THE ATTORNEY GENERAL

CONSUMER FRAUD BUREAU

100 WEST RANDOLPH STREET - FLOOR 12

CHICAGO, ILLINOIS 60601

 

VERIFICATION OF MALPRACTICE INSURANCE

BY IMMIGRATION SERVICE PROVIDER

 

            NOTE:            The Registrant shall not, by completing this form, construe such action as an approval or sanction of the business practices of the Registrant by the State of Illinois or Office of the Attorney General.

 

            Today's Date  ________________

 

Insurance Carrier:

 

______________________________________________________________________________

______________________________________________________________________________

Address, City, Zip Code

 

Policy No.: ________________  Coverage Amount:  $ _________________________________

 

Expiration Date: ________________________________________________________________

 

KNOW ALL PERSONS BY THESE PRESENTS:

 

            That _________________________________________________, (Name of Insured) providing immigration services as defined by Section 2AA of the Illinois Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505/2AA] (hereinafter, "the Act") and located at ______________________________  (address), as insured, and ________________________  (Name of Insurer), are held firmly bound unto the People of the State of Illinois in the penal sum of $100,000, for the payment of which, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents.

            The insured is engaged in the business of providing immigration services within the meaning of the Act and is required to furnish verification of malpractice insurance coverage.

            Violation of the Act by the insured shall constitute malpractice notwithstanding any exclusionary clauses in the policy statement of said malpractice insurance coverage, a copy of which is attached hereto and incorporated herein as Exhibit A.

            The Attorney General or State's Attorney of any County may bring an action against the insured for violations of the Act, and the insured shall be obligated for any and all judgments entered against the insured.

            The liability of insurer for indemnifying any claim shall be limited to actual damages arising from insured's violation of the Act.

            The aggregate liability of the insurer on all claims whatsoever shall not exceed the amount of this policy.

            This policy is executed by the insurer to comply with the provisions of the Act, and the policy shall be subject to all of the terms and provisions thereof.

            IN WITNESS WHEREOF, the named insured, by a duly authorized officer or representative, has hereunto set its seal, and the named insurer has caused these presents to be signed by its duly authorized officer this _____ day of_____________, ____.

 

Insured				Insurer
By:				By:
	Signature of officer				Signature of officer
	or agent				or agent
	Address				Address
	City, State, Zip Code				City, State, Zip Code
						Notary Public
	(Seal)

 

*    *    *

 

AN IMMIGRATION SERVICE PROVIDER IS REQUIRED TO CONTINUOUSLY MAINTAIN MALPRACTICE INSURANCE WITH MINIMUM COVERAGE OF $100,000, OR A SURETY BOND IN THE AMOUNT OF $100,000.  THE PROVIDER SHALL ALSO MAINTAIN A SURETY BOND FOR A PERIOD OF 2 YEARS FOLLOWING THE DATE ON WHICH IT CEASES OPERATIONS.

 

Section 485.EXHIBIT C  Verification of Surety Bond

 

STATE OF ILLINOIS

OFFICE OF THE ATTORNEY GENERAL

CONSUMER FRAUD BUREAU

100 WEST RANDOLPH - FLOOR 12

CHICAGO, ILLINOIS 60601

 

VERIFICATION OF SURETY BOND

BY IMMIGRATION SERVICE PROVIDER

 

            NOTE:            The Registrant shall not, by completing this form, construe such action as an approval or sanction of the business practices of the Registrant by the State of Illinois or the Office of the Attorney General.

 

            Today's Date:  __________________

 

Bond Number:  __________  Bond Amount:  $ ________

 

Expiration Date:  _______________________________

 

KNOW ALL PERSONS BY THESE PRESENTS:

 

            That __________________________________________________, (Name of Principal)

providing immigration services as defined by Section 2AA of the Illinois Consumer Fraud and Deceptive Business Practices Act [815 ILCS 505/2AA] (hereinafter, "the Act"), located at ________________________________________ (address), as principal, and ________________________________________, (Name of Surety) a corporation authorized to transact a general surety business in the State of Illinois, as surety, are held firmly bound unto the People of the State of Illinois in the penal sum of $100,000, for the payment of which, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents.

            The principal is engaged in the business of providing immigration services within the meaning of the Act and is required to furnish a bond conditioned as herein set forth; and this bond is executed and tendered in accordance therewith.

            The conditions of this obligation are that if the principal complies with the provisions of the Act and does not damage any person by any violation of the Act, then this obligation is to be void; otherwise, it is to remain in full force and effect.

            The Attorney General or State's Attorney of any County may bring an action against the principal and surety on this bond to recover damages, and the surety shall be obligated for any and all judgments entered against the principal.

            The liability of surety for any claim arising under this bond shall not exceed the actual damage arising from principal's violation of the Act.

            The aggregate liability of the surety on all claims whatsoever shall not exceed the amount of this bond.

            This bond is executed by the surety to comply with the provisions of the Act, and this bond shall be subject to all of the terms and provisions thereof.

            IN WITNESS WHEREOF,  both the principal and surety, by duly authorized officers or representatives, have hereunto set their seal, and the surety has caused these presents to be signed by its duly authorized officer this _____ day of _____________, ___.

 

Principal				Surety
By:				By:
	Signature of agent				Signature of agent
	Address				Address
	City, State, Zip Code				City, State, Zip Code
							Notary Public
(Seal)

 

 

*      *      *

 

AN IMMIGRATION SERVICE PROVIDER IS REQUIRED TO CONTINUOUSLY MAINTAIN MALPRACTICE INSURANCE WITH MINIMUM COVERAGE OF $100,000, OR A SURETY BOND IN THE AMOUNT OF $100,000. THE PROVIDER SHALL ALSO MAINTAIN A SURETY BOND FOR A PERIOD OF 2 YEARS FOLLOWING THE DATE ON WHICH IT CEASES OPERATIONS.