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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : IMMIGRATION AND NATIONALITY LAW PRACTICE ACT
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12-2701 Definitions
In this chapter, unless the context otherwise requires:
1. "Immigration or naturalization matter" includes all matters implicating any law,
action, filing or proceeding related to a person's immigration or citizenship status in
the United States.
2. "Original document" means any document of the United States government or any
department or agency of the United States government, any foreign government, any state
government or any political subdivision of any state, any United Nations document or any
other document, including signed affidavits, that would demonstrate physical presence by
a person in the United States.
3. "Unauthorized practice of immigration and nationality law" means:
(a) The act of any person appearing in any case, either in person or through
preparation or filing of any brief or other document, paper, application or petition on
behalf of another person or client before or with the immigration and naturalization
service, or any officer of the immigration and naturalization service, the executive
office for immigration review or the board of immigration appeals, without authorization
under this chapter.
(b) The study of the facts of a case and the applicable laws, coupled with giving
advice and auxiliary activities, including the incidental preparation of papers, without
authorization under this chapter, but does not include the lawful functions of a notary
public, nonprofit organization or service consisting solely of assistance in the
completion of blank spaces on printed immigration and naturalization service forms by a
person whose remuneration, if any, is nominal and who does not hold himself out as
qualified in legal matters or in immigration and naturalization procedure.
12-2702 Representation; definition
A. A person desiring immigration and nationality services may be represented by any
of the following:
1. Attorneys in the United States.
2. A law student who is enrolled in an accredited law school or a law school
graduate who is not yet admitted to the bar, if both of the following apply:
(a) The student or graduate is appearing on an individual case basis at the request
of the person entitled to representation.
(b) The student or graduate is permitted to appear by the official before whom the
student or graduate wishes to appear including an immigration judge, an immigration
district director, an immigration officer-in-charge, a regional immigration commission,
the United States commissioner of immigration and naturalization or the immigration
board. If in the official's opinion special circumstances warrant it, the official may
require that a law student be accompanied by a supervising faculty member or attorney.
3. Any reputable person of good moral character, if all of the following apply:
(a) The person is appearing on an individual case basis, at the request of the
person entitled to representation.
(b) The person is appearing without direct or indirect remuneration and the person
files a written declaration to that effect.
(c) The person has a preexisting relationship or connection with the person
entitled to representation including a relative, neighbor, clergyman, business associate
or personal friend, except that this requirement may be waived, as a matter of
administrative discretion, in cases in which adequate representation would not otherwise
be available.
(d) If the person is appearing on behalf of a client, the person's appearance is
permitted by the official before whom the person wishes to appear including an
immigration judge, an immigration district director, an immigration officer-in-charge, a
regional immigration commissioner, the United States commissioner of immigration and
naturalization or the immigration board, except that this permission shall not be granted
with respect to any person who regularly engages in immigration and nationality practice
or preparation or holds himself out to the public as qualified to do so.
4. A person who is representing an organization accredited by the board of
immigration appeals and who has been accredited by the immigration board.
5. An accredited official in the United States of the government to which an alien
owes allegiance, if the official appears solely in an official capacity and with the
alien's consent.
B. Except as otherwise provided in this section, no other person or persons may
represent others in any case, prepare applications or forms or give any legal advice
relating to any immigration or naturalization matter.
C. Any person who misrepresents the services the person may provide in immigration
or nationality matters is in violation of this chapter.
D. A person or organization may not retain an original document belonging to a
client unless authorized by the client.
E. An attorney who practices immigration and nationality law in this state and who
is not a member of the state bar of ARIZONA shall not provide advice on issues of this
state's law. An attorney who practices immigration and nationality law in this state and
who is not licensed by the state bar of ARIZONA shall disclose to all persons to whom
service is provided that the attorney is not licensed by the state bar of ARIZONA and
shall disclose the state in which the attorney is licensed to practice law. This
disclosure must be done in writing at the time the attorney's services are retained.
F. For the purposes of this section, "attorney" means any person who is a member in
good standing of the bar of the highest court of any state, possession, territory,
commonwealth or district of the United States and who is not under any order of any court
suspending, enjoining, restraining, disbarring or otherwise restricting the person in the
practice of law.
12-2703 Scope of remedies; violation;classification
A. It is unlawful for any person to render for compensation any service
constituting the unauthorized practice of immigration and nationality law or to otherwise
violate this chapter.
B. A person having an interest or right that is or may be adversely affected under
this chapter may initiate an action for civil remedies. The provisions of this article
are in addition to all other causes of action, remedies and penalties that are available
in this state.
C. The attorney general shall initiate appropriate proceedings to prevent or to
stop violations of this chapter.
D. A person who violates this chapter is guilty of a class 6 felony.
E. The provisions of section 13-702.02 shall not apply to enhance the sentence of a
person convicted of two or more offenses under this section.
12-2704 Unlawful practices; investigation
An act or practice in violation of this chapter constitutes an unlawful practice
under section 44-1522. The attorney general may investigate and take appropriate action
pursuant to title 44, chapter 10, article 7.
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