Ramifications of Georgia's new unlawful immigration assistance law
August 7, 2008
The Atlanta Chapter of the American Immigration Lawyers Association (AILA) has announced a
significant new law recently went into effect, entitled the "Registration of Immigration Assistance
Act." Aimee Todd, the Chair of AILA's Atlanta Chapter stated, "This new law provides some much
needed regulation of those who are out there in the business of providing immigration assistance to
foreign nationals. Most importantly it goes a long way toward protecting this population from
so called immigration consultants and notarios, and other non-attorneys who prey upon immigrant
communities by charging exorbitant fees and making false claims of being able to obtain certain
immigration benefits on their behalf."
The Registration of Immigration Assistance Act requires a non-attorney engaged in the
provision of immigration assistance to be licensed by the Georgia Secretary of State's
office. A prospective immigration assistance provider must be at least 18 years of age; be a
U.S. citizen or have valid legal immigration status in the U.S.; provide a criminal background
report confirming no criminal convictions in the previous five years, other than traffic
violations; and provide proof of a $5,000 performance bond.
Once licensed, an immigration assistance provider may not provide legal advice to a foreign
national, which includes helping them determine how to answer a particular question on a government
agency form. The immigration assistance provider can only translate, complete and transcribe
responses onto such forms, provided that advice is not offered as to how to answer the question on
the form. They are also able to help foreign nationals collect supporting documents, obtain
any necessary photographs or fingerprints, as well as arrange for any required medical examination.
Complaints may be made about immigration assistance providers directly to the Georgia
Secretary of State's office, which also has broad investigatory and enforcement powers. Civil
penalties may be imposed against immigration assistance providers at a rate of up to $1,000 per
violation not to exceed $50,000. Anyone who violates a provision of this law is also guilty
of a misdemeanor for a first offense, and a high and aggravated misdemeanor for any subsequent
violation within 5 years.
"In virtually every ethnic community in Georgia, we have a serious problem with individuals
who are not lawyers, usually from that same community, ripping off foreign nationals who are
desperate to legalize their status," said Romy Kapoor, an Atlanta immigration lawyer and Director
of the American Immigration Lawyers Association. He went on to state, "While we need sensible
immigration reform at the national level that balances our security, economic and moral concerns,
this new Georgia law should go a long way toward protecting foreign nationals from unscrupulous
persons practicing immigration law without authorization, as well as giving them some recourse when
they are taken advantage of by these individuals."