California Immigration Consultant Statute

California has a distinct profession established by state law called “Immigration Consultants,” which is not the same as being a notary public (compare the requirements for each below).  These professionals have to comply with their own particularized set of rules and are regulated by the Secretary of State and state laws, accessible here. A person engages in the business or acts in the capacity of an immigration consultant when that person gives non-legal assistance or advice on an immigration matter.  

An immigration consultant cannot hold themselves out as lawyers and may be subject to a civil penalty for each violation as stated in section 22445 of the law or injunctive relief under section 22446.5.

Becoming an Immigration Consultant

Prior to engaging in the business or acting in the capacity of an immigration consultant, a person must obtain a $50,000 bond from a corporate surety (admitted to do business in California) and file a copy of the bond with the Secretary of State's office, along with the Immigration Consultant Disclosure form. In addition, a person engaging in the business or acting in the capacity of an immigration consultant must satisfy a background check conducted by the Secretary of State.

Please refer to the Immigration Consultant Check List for the requirements to register with the Secretary of State as an immigration consultant.

A renewal or continuation of an immigration consultant surety bond must be filed with the Secretary of State prior to the expiration of the surety bond. If the renewal or continuation is not filed with the Secretary of State prior to the expiration of the surety bond, the person covered by the bond may not engage in the business or act in the capacity of an immigration consultant until he or she again has complied with all of the qualification requirements, including the submission of a new surety bond, disclosure statement, and the passing of a background check. Surety bond continuation certificates or similar documents purporting to renew surety bonds that are received after the expiration of the applicable surety bond will be returned unfiled.

A person can also be disqualified from acting as an immigration consultant for any of the following reasons:

You can search for current Immigration Consultants here.

California AB-638 Immigration Consultants

An act to amend and repeal Sections 22442.2, 22442.4, 22443.1, 22443.2, and 22443.3 of, and to amend, repeal, and add Sections 22440, 22441, 22441.1, and 22449 of, the Business and Professions Code, and to amend and repeal Section 8223 of the Government Code, relating to immigration consultants.

AB 638, as amended, Caballero. Immigration consultants.

  • Existing law regulates the practice of immigration consultants who provide nonlegal assistance or advice in an immigration matter. Existing law prohibits any person, for compensation, from engaging in the business or acting in the capacity of an immigration consultant in this state, unless that person complies with the regulations in state law governing the practice of immigration consultants, is an attorney, or is authorized by federal law to represent persons before the Board of Immigration Appeals or the United States Citizenship and Immigration Services. Existing law provides that immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals shall be the only individuals authorized to charge clients or prospective clients a fee for providing services associated with filing an application under a federal program referred to as the deferred action program, and prohibits immigration consultants, attorneys, notaries public, and organizations accredited by the United States Board of Immigration Appeals from participating in practices that amount to price gouging, as defined, when a client or prospective client solicits these services. Existing law establishes both criminal and civil penalties for a violation of specified provisions related to immigration consultants.
  • This bill, beginning on January 1, 2020, would make it unlawful for a person, for compensation, other than a person authorized to practice law in this state, or a person authorized to represent others under federal law in an immigration matter, or a paralegal acting under the active supervision of an attorney, to engage in the business or act in the capacity of an immigration consultant in this state. The bill would provide that the provisions described above do not apply to an automated immigration form population service. The bill would require the Secretary of State, in coordination with specified state agencies, to develop an Internet Web site that would include specified information related to immigration services available in California, including information related to persons recognized or accredited as authorized providers of immigration services by the United States Department of Justice. The bill would remove notaries public from the provisions described above relating to the federal deferred action program, and would, instead, authorize a paralegal to charge fees for services related to the deferred action program and subject a paralegal to the price gouging prohibition described above. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
  • 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.

Enforcement Mechanisms/Complaint Processes for UPL

The Attorney General’s Office of Immigrant Assistance provides education and outreach services to immigrant communities. The office can also direct complaints to appropriate law enforcement agencies and help immigrant communities to understand and use the legal system to seek redress.

The Office of the Attorney General has brought legal actions against dozens of "immigration consultants" for taking advantage of immigrant clients by illegally portraying themselves as lawyers, engaging in false advertising and violating state laws regulating immigration consultants.

Reporting Ineffective Assistance of Counsel

Ineffective assistance of counsel can be reported to the State Bar of California. The form and instructions to submit a complaint may be accessed here.

Contact Information for Relevant Agencies

California Secretary of State Special Filings
P.O. Box 942870
Sacramento, CA 94277–2870
Tel: (916) 653-3984

Attorney General’s Office, Office of Immigration Assistance
P.O. Box 944255
Sacramento, CA 94244-2550
Tel: (888) 587-0557

The State Bar of California

San Francisco (Main Office)
180 Howard St.
San Francisco, CA 94105
Tel: (415) 538-2000

Los Angeles
845 Figueroa St.
Los Angeles, CA 90017
Tel: (213) 765-1000

Notary Public

Mailing Address
Business Programs Division
Notary Public & Special Filings Section
P.O. Box 942877
Sacramento, California 94277-0001

Physical Location
1500 -11th Street, 2nd Floor
Sacramento, California 95814
Tel: (916) 623-3595

Notary Public Disciplinary Guidelines

The Secretary of State is responsible for appointing and commissioning notaries public in the State of California. In the performance of such duties, the Secretary of State strives to ensure that applicants and commissioned notaries public possess the requisite honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position. The Secretary of State has issued Disciplinary Guidelines to guide this mission. The disciplinary guidelines are intended to facilitate due process and uniformity in reviewing notary public applications, investigating alleged violations of notarial law, and instituting administrative actions against notaries public and notary public applicants. The guidelines reflect the specific civil penalties established for certain violations of notary public law in Government Code sections 8213.5, 8213.6, 8214.15, 8214.21, and 8214.23, and Civil Code sections 1185 and 1189, where applicable. A civil penalty may be imposed in conjunction with a revocation or suspension of a commission or the denial of an application submitted by a person who may have held a notary public commission in the past or as the sole disciplinary sanction taken against a notary public. California law establishes a number of infraction, misdemeanor, and felony offenses applicable to notaries public in addition to the sanctions discussed in these guidelines. For more information, review Government Code sections 6203 and 8200 et seq., Civil Code section 1185 et seq., and Penal Code sections 115 et seq., 470 et seq., and 530.5.

The Notary Public Disciplinary Guidelines 2012, last revised and effective November 16, 2012. Two of these Notary Public Disciplinary Guidelines specifically discuss immigration matters: 1). 8214.1(m) Violating Government Code section 8223, and 2). 8214.1(p) Violation of Government Code Section 8219.5: Advertising in Language Other than English.

8214.1(m) Violating Government Code section 8223: Immigration Matters

Notaries public must be aware of restrictions connected to immigration matters and must fully understand those restrictions when advertising their services in order to avoid misleading the public or misrepresenting the authority of notaries public. In summary, Government Code section 8223 provides that a notary public with expertise in immigration matters or who provides immigration services cannot advertise in any manner that he or she is a notary public.

Example: A notary public advertises both immigration and notary public services, not necessarily in the same advertisement.

8214.1(p) Violation of Government Code Section 8219.5: Advertising in Language Other than English

Advertising in words other than in English may result in a misrepresentation due to “literal translation” of a word or phrase from one language to another without regard to the true meaning of the word or phrase in the language which is being translated. The literal translation of the phrase “notary public” into Spanish, hereby defined as “notario publico” or “notario,” is prohibited. Such a literal translation often creates a false assumption that the notary public is an attorney and can charge fees in conjunction with professional legal services. A notary public who is not an attorney shall not advertise the services of a notary public in a language other than English by signs or other means of written communication with the exception of a single desk plaque, unless the sign or other written communication is accompanied by a notice in English and in the other language that sets forth the following: (1) the statement that: “I am not an attorney and, therefore, cannot give legal advice about immigration or any other legal matters;” and (2) the fees set by statute which a notary public may charge. See Discussion of Advertising Violations on page 32.

Example 1: Advertising as a notary public in a language other than English without providing the requisite notice in English and in the other language that the notary public is not an attorney and cannot give legal advice about immigration and any other legal matters and also without setting forth the statutory fees that can be charged by the notary public for notarial services.

Example 2: Using the words “notario publico” in any writing.

Becoming a Notary Public

Every person appointed as a notary public in California shall:

  • Be a legal resident of the State of California;
  • Be at least 18 years of age;
  • Satisfactorily complete a course of study approved by the Secretary of State;
  • Pass a written examination prescribed by the Secretary of State; and
  • Pass a background check.
  • All applicants are required to disclose on their application any arrests for which trial is pending and all convictions. Convictions dismissed under Penal Code section 1203.4 or 1203.4a must be disclosed.
  • The Secretary of State will recommend denial of an application for the following reasons:
    • Failure to disclose any arrest or conviction;
    • Conviction of a felony
    • Conviction of a disqualifying misdemeanor

A listing of Notary Publics is available here. More information on the Notary Public process is available here.