2007 Minnesota Statutes

325E.031 IMMIGRATION SERVICES.
    Subdivision 1. Definitions. (a) For the purpose of this section, the terms in this subdivision
have the meanings given.
(b) "Immigration matter" means any proceeding, filing, or action affecting the nonimmigrant,
immigrant, or citizenship status of any person that arises under immigration and naturalization
law, executive order, or presidential proclamation of the United States or any foreign country, or
that arises under action of the United States Citizenship and Immigration Services, the United
States Department of Labor, or the United States Department of State.
(c) "Immigration assistance service" means any advice, guidance, information, or action
provided or offered to customers or prospective customers relating to any immigration matter and
for which a fee is charged.
    Subd. 2. Notice. (a) Any person who provides or offers immigration assistance services in this
state shall post a notice at that person's place of business, setting forth information in English and
in every other language in which the person provides or offers to provide immigration assistance
services. Each language must be on a separate sign and posted in a location visible to customers.
Each sign must be at least 11 inches by 17 inches and must contain the following statements:
(1) "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
(2) "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES
CITIZENSHIP AND IMMIGRATION SERVICES AND THE IMMIGRATION BOARD OF
APPEALS."
(b) Any person who advertises immigration assistance services 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
the advertisement a notice in English and the language in which the advertisement appears that
contains the language in paragraph (a), clause (1).
    Subd. 3. Prohibited activities. Any person who provides or offers to provide immigration
assistance services may not do any of the following:
(1) give any legal advice concerning an immigration matter or perform an act constituting
the practice of immigration law as defined in Code of Federal Regulations, title 8, section 1.1 (i),
(j), (k), or (m);
(2) represent, hold out or advertise, in connection with the provision of assistance in
immigration matters, other titles or credentials in any language, including, but not limited to,
"notary public" or "immigration consultant," that could cause a customer to believe that the person
possesses special professional skills or is authorized to provide advice on an immigration matter;
(3) make any misrepresentation or false statement, directly or indirectly, to influence,
persuade, or induce patronage;
(4) retain any compensation for service not performed; or
(5) refuse to return documents supplied by, prepared on behalf of, or paid for by the customer
upon the request of the customer even if subject to a fee dispute.
    Subd. 4. Written contract. Except as otherwise provided in this section, before providing
an immigration assistance service a person shall provide the customer with a written contract
that includes the following:
(1) an explanation of the services to be performed;
(2) identification of all compensation and costs to be charged to the customer for the services
to be performed; and
(3) a statement that documents submitted in support of an application for nonimmigrant,
immigrant, or naturalization status may not be retained by the person for any purpose, including
payment of compensation or costs.
The written contract must be in both English and in the language of the customer. A copy
of the contract must be provided to the customer upon the customer's execution of the contract.
A customer has the right to rescind a contract within 72 hours after signing the contract. Any
documents prepared on behalf of, or paid for by the customer, must be returned upon demand
of the customer.
This subdivision does not apply to a not-for-profit organization that provides advice or
assistance in immigration matters to clients without charge beyond a reasonable fee to reimburse
the organization's or clinic's reasonable costs relating to providing immigration services to that
client.
    Subd. 5. Exemptions. This section does not apply to:
(1) an attorney licensed to practice law in any state or territory of the United States, or in
any foreign country when authorized by the Minnesota Supreme Court, to the extent the attorney
renders immigration assistance service in the course of practicing as an attorney;
(2) a nonlawyer assistant, as described by the rules of the Minnesota Supreme Court,
employed by and under the direct supervision of a licensed attorney and rendering immigration
assistance service in the course of the assistant's employment;
(3) a not-for-profit organization recognized by the Board of Immigration Appeals under
Code of Federal Regulations, title 8, section 292.2(a), and employees of those organizations
accredited under Code of Federal Regulations, title 8, section 292.2(d), and designated entities as
defined under Code of Federal Regulations, title 8, section 245a.1; and
(4) an organization employing or desiring to employ an alien or nonimmigrant alien, where
the organization, its employees or its agents provide advice or assistance in immigration matters
to alien or nonimmigrant alien employees or potential employees without compensation from
the individuals to whom the advice or assistance is provided.
    Subd. 6. Penalty and remedies. A person who violates this section is guilty of a
misdemeanor. The penalties and remedies of section 8.31 apply to violations of this section,
including a private cause of action.
History: 1996 c 401 s 1; 2007 c 13 art 1 s 25