Form preparers: immigration.

Existing law prohibits a person, for compensation, other than a person authorized to practice law, or authorized by federal law to represent persons, as specified, from engaging in the business of an immigration consultant, or to act in that capacity, within the State of California without satisfying specified requirements. Existing law specifies that a person engages in the business of, or acts in the capacity of, an immigration consultant when that person gives nonlegal assistance or advice on an immigration matter. Existing law defines an "immigration matter" as any proceeding, filing, or action affecting the immigration or citizenship status of any person that arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants. This bill, among other things, would rename immigration consultants as form preparers. The bill would prescribe a set of maximum fees a form preparer may charge clients for form preparation and transcription services. The bill would prohibit form preparers from providing certain services, including, among other things, providing nonlegal assistance related to an Application to Register Permanent Residence or Adjust Status and would make a violation of those provisions subject to fines and criminal penalties. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. This bill would prohibit the Secretary of State from filing a bond, disclosure form, or photograph from any person seeking to engage in the business of, or act in the capacity of, a form preparer, unless that person was in compliance with this chapter as of December 31, 2022, is authorized by the United States Department of Justice to represent persons, or is a paralegal, as specified, acting under the direct supervision of an attorney. This bill would allow a transferee of the business of a form preparer in compliance with these provision, as of December 31, 2022, to have 3 years to become authorized by the United States Department of Justice to represent persons, or to become a paralegal, as specified, acting under the direct supervision of an attorney, if that transferee meets specified conditions, including, among others, the filing a bond, disclosure form, and photograph with the Secretary of State within 90 days of the closure of the form preparer's business; and, filing, with the Secretary of State, proof of compliance with the authorization requirements specified above within 3 years of filing their bond, disclosure form, and photograph. This bill would require the Secretary of State to accept only one filing related to the transfer of the business of a form preparer in compliance with this chapter as of December 31, 2022. This bill would prohibit a form preparer from using the title immigration consultant or immigration specialist, or any other title that implies that the person has expertise in immigration matters, in any document, including an advertisement, stationery, letterhead, business card, other comparable written material, on the internet, or by broadcast media, describing the form preparer. The bill would make a violation of this provision by a form preparer a violation of the prohibition on practicing law without a license and subject to fines and criminal penalties. Because the bill would expand the scope of a crime, it would impose a state-mandated local program. This bill would require, beginning on July 1, 2023, and every 2 years thereafter, a form preparer to file with the Secretary of State a satisfactory proof of completion of a course on the limits of authorized services and prohibited activities of form preparers. The bill would require the Secretary of State to enforce the provisions related to submitting the proof of completion of the above-described course and to charge and collect a filing fee to cover the reasonable cost of submitting the proof of completion. The bill would require the Secretary of State to publish a customer bill of rights form containing specified information and to post the document on its internet website by July 1, 2022. The bill would require the form preparer and the client to initial and sign a completed customer bill of rights prior to entering into a contract for services. Under existing law, a notary public is prohibited from advertising that the person is a notary public if the person holds themselves out as being an immigration specialist, immigration consultant, or any other title or description reflecting expertise in immigration matters. This bill would instead prohibit a notary public holding themselves out as a form preparer from advertising that the person is a notary public. The bill would also prohibit a notary public holding themselves out as being a form preparer from using the title immigration specialist or immigration consultant, or any other title or description reflecting expertise in immigration matters. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.