An Immigration Clerical Assistant can

• Transcribe responses onto government agency forms on behalf of a consumer relating to an immigration matter;
• Translate information from a government agency form to a language other than English and translate responses on behalf of a consumer relating to an immigration matter;
• Draft or complete an application or other paper on behalf of a consumer in an immigration matter.

An Immigration Clerical Assistant cannot:

• Offer or give legal advice including, but not limited to, selection of the type of application or form to be submitted to a government agency, recommend a procedure to be followed in seeking a benefit under the immigration and nationality Act, Chapter 477, 66 Stat. 163.8 USC 11101, et seq., and alter or delete language on standard immigration forms;
• Engage in the unauthorized practice of law as determined by a court of competent jurisdiction;
• Represent that the offering or the provision of services is legal advice or legal services;
• Falsely represent that the offering or the provision of services is necessary;
• Falsely represent that the offering or the provision of services is in response to a request by or on behalf of a consumer;
• Represent that the life, safety, or welfare of the consumer and his or her family would be adversely affected if the services of an immigration clerical assistant are not provided;
• Fail to reveal a material fact regarding an immigration matter or services in which the fact could not be reasonably known to the consumer, and/or the omission of the material fact would tend to mislead or deceive the consumer;
• Take advantage of a consumer's inability to protect his or her interest when the immigration clerical assistant knows or should reasonably know of a consumer's disability, illiteracy, or inability to understand the language of an documentation or government form;
• Charge a consumer a price of services that is not reasonable under the circumstances regarding services not described in section 11;
• Make a false or fraudulent representation of fact or statement material to the services provided;
• Fail to reveal facts material to the services provided in light of representations of fact made in a positive manner;
• Engage in any method, act, or practice that is unfair or deceptive;
• Act as an intermediary between the consumer and the federal government in an immigration matter;
• Make any representation orally or in writing that the immigration clerical assistant guarantees or promises a specific immigration benefit or result;
• Represent or imply that the immigration clerical assistant will be able to obtain any special influence over, or treatment from, any government entity with respect to an immigration matter;
• Make a false statement or representation to the department as part of the application process for initial or renewal placement on the list;
• Use a term implying that the individual placed on the list is approved, certified or licensed by the state of Michigan or the federal government; and
• Translate from English into another language terms or titles including, but not limited to notary public, notary, licensed, attorney, lawyer, or any other term that implies that the person is an attorney.

An Immigration Clerical Assistant may charge the following for services:

• Not more than $20.00 per page for translation of supporting documentation;
• Not more than $10.00 per page to complete a government agency form;
• The amount allowed under law for notarial acts; and
• A reasonable and fair fee for other services that include, but are not limited to, photocopying, mailing, and telephone calls.

An immigration Clerical Assistant must:

• Enter into a written contract with a consumer before any service is rendered and before accepting any compensation;
• Write the contract in English and include a written translation into the primary language understood by the consumer if the consumer is not a native speaker of English - the contract must include:
  • The name and address of the immigration clerical assistant;
  • The date and time of the transaction;
  • A description of the services to be provided and the itemized cost of each service;
  • The name and address of the bonding company or other surety that has issued the ICA's bond;
  • A notice regarding the consumer's right to rescind the contract within 72 hours of its execution;
  • The following statement: "NOTICE: An immigration clerical assistant is NOT an attorney and is not authorized to provide legal services or offer legal advice of any kind";
• Provide the consumer with a copy of the contract at the time of execution;
• Upon rescission, promptly return to the consumer any deposit, including notices, letters, approvals, denials, receipts, or other correspondence received on behalf of the consumer in any immigration matter;
• Deliver to each consumer a copy of each document or form completed on behalf of a consumer;
• Retain copies of all documents and forms completed or executed on behalf of a consumer, or the individual upon whose behalf the consumer is acting, for not less than 3 years;
• Return all original documents of the consumer, or the individual upon whose behalf the consumer is acting, and not keep them in his or her possession; and
• Promptly deliver to each consumer notices, letters, approvals, denials, receipts, or other correspondence received on behalf of the consumer.

For complete details, refer to the Immigration Clerical Assistant Act.