Illinois UPL Statute Summary

815 ILCS 505/2AA regulates private individuals who assist persons with immigration matters. The statute sets out rules of practice and conduct for those individuals to promote honesty and fair dealing with residents and to preserve public confidence. It states that any person who provides or offers to provide immigration assistance service may perform only the following services:

  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 which 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, which may be needed to be submitted with government agency forms.
  5. Translating documents from a foreign language into English.
  6. Notarizing signatures on government agency forms, if the person performing the service is a notary public of the State of Illinois.
  7. Making referrals, without fee, to attorneys who could undertake legal representation for a person in an immigration matter.
  8. Preparing or arranging for the preparation of photographs and fingerprints.
  9. Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results.
  10. Conducting English language and civics courses.
  11. Other services that the Attorney General determines by rule may be appropriately performed by such person in light of the purposes of this Section.

The statutes also mandates that those who offer immigration services shall post signs at their place of business setting forth information in English and in every other language in which the person provides or offers immigration assistance with the following statements:

  • “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
  • “I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES IMMIGRATION AND NAURALIZATION SERVICE AND THE IMMIGRATION BOARD OF APPEALS.”

“Upon his own information or upon the complaint of any person, the Attorney General or any State's Attorney, or a municipality with a population of more than 1,000,000, may maintain an action for injunctive relief and also seek a civil penalty not exceeding $50,000 in the circuit court against any person who violates any provision of this Section. These remedies are in addition to, and not in substitution for, other available remedies.
If the Attorney General or any State's Attorney or a municipality with a population of more than 1,000,000 fails to bring an action as provided under this Section any person may file a civil action to enforce the provisions of this Article and maintain an action for injunctive relief, for compensatory damages to recover prohibited fees, or for such additional relief as may be appropriate to deter, prevent, or compensate for the violation.”

Enforcement Mechanisms/Complaint Processes for UPL

Victims may contact the Attorney General’s Immigrant Assistance program. The Immigrant Assistance Program was established to ensure that state government is aware of the needs of Illinois' immigrant population and the barriers which may prevent immigrants from seeking and obtaining government services.

The Immigrant Assistance Program involves the coordination of the provision of services by the Office of the Attorney General and provision of referrals to other government agencies as appropriate. Information and complaint forms may be accessed here.

Liability may be found under the Consumer Fraud Act, accessible here.

Complaints may be filed in English or Spanish through the Illinois Attorney General, accessible here.

The Illinois State Bar also has a UPL Task Force that seeks out, identifies, and remedies injuries to the public and to the integrity of the profession caused by the unauthorized practice of law. To submit a complaint, contact the Task Force.

Reporting Ineffective Assistance of Counsel

Ineffective assistance of counsel can be reported to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois here.

Contact Information for Relevant Agencies

Office of Attorney General:

Illinois Attorney General
Consumer Fraud Bureau
500 South Second Street
Springfield, IL 62701
Tel: (217) 782-1090
Toll Free: 1-800-243-0618
TTY: 1-877-844-5461
If sending complaint in Spanish, send to:
Procuradora General de Illinois Departamento de Fraude al Consumidor
100 West Randolph Street
Chicago, IL 60601
Tel: (866) 310-8398

Illinois State Bar Association:

Illinois State Bar Association
Attention: Task Force on Unauthorized Practice of Law
Illinois Bar Center
424 South Second Street
Springfield, IL 62701-1779
Tel: (800) 252-8908 or (217) 525-1760
Fax: (217) 525-9063               

Becoming a Notary Public

An applicant for an appointment must:

  • Be a citizen of the United States or an alien lawfully admitted for permanent residence
  • Be a resident of the State of Illinois for at least 30 days
  • Be at least 18 years of age
  • Be able to read and write the English language
  • Have never been convicted of a felony
  • Have never had a notary commission revoked during the past 10 years.
  • Complete the application form provided by the Secretary of State
  • Obtain a notary bond valued at $5,000 from a bonding or  surety company

The application may be accessed here.

The Secretary of State has a search tool of recently issued commissions or to locate any current Illinois notary, which can be accessed here.

5 ILCS 312/3-103 forbids a notary public who is not an attorney to represent, hold themselves out or advertise that they are experts on immigration matters or provide any other assistance that requires legal analysis, legal judgment, or interpretation of the law.  Additionally, notaries public are forbidden from literally translating the title ‘notary public’ from English into another language.  The use of the word “notario” is prohibited under this section.