(a) An immigration consultant who provides immigration reform act services shall establish and deposit into a client trust account any funds received from a client prior to performing those services for that client.
(b) For purposes of this section, the following definitions apply:
(1) “Immigration reform act” means either of the following:
(A) Any pending or future act of Congress that is enacted after October 5, 2013, that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa, to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an immigration reform act has been enacted.
(B) The President’s executive actions on immigration announced on November 20, 2014, or any future executive action or order that authorizes an undocumented immigrant who either entered the United States without inspection or who did not depart after the expiration of a nonimmigrant visa to attain a lawful status under federal law. The State Bar shall announce and post on its Internet Web site when an executive action or order has been issued.
(2) “Immigration reform act services” means services described in Section 22441 that are provided in connection with an immigration reform act.
(c) The immigration consultant providing immigration reform act services for the client may withdraw funds received from that client only in compliance with either of the following:
(1) After completing one or more of the itemized services described in paragraph (1) of subdivision (b) of Section 22442, and only in the amount identified as the cost of that service or those services pursuant to paragraph (2) of subdivision (b) of Section 22442.
(2) After completing one or more of the documents listed, and only in the amounts listed, pursuant to paragraph (4) of subdivision (b) of Section 22442.
(Amended by Stats. 2015, Ch. 6, Sec. 3. (AB 60) Effective June 17, 2015.)
Last modified: October 25, 2018