Surety Bond Encyclopedia

Immigration Consultant ($100,000) - NNA Bond - Statewide in California

Brief Summary

A $100,000 bond alone will not get you listed as an immigration consultant in California. The Secretary of State will not even file the bond until you pass its background check, and your name and photo appear on the state's public search only after the bond, disclosure form and photo are all on file. Get the bond lined up so it is ready the moment the check clears.

California immigration consultants must file a $100,000 surety bond with the Secretary of State under Business and Professions Code 22443.1, along with a disclosure form, photo ID and a passport style photo. Section 22441.1 bars the Secretary of State from filing the bond of anyone who has not passed its background check. A felony, certain misdemeanors, or failing to disclose an arrest or conviction will disqualify an applicant.

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How to Apply for a Immigration Consultant ($100,000) - NNA Bond:

Complete and pass the Secretary of State background check.
Fill out the Immigration Consultant Disclosure form, disclosing every arrest and conviction.
Obtain the $100,000 bond from a corporate surety admitted in California.
Gather a copy of current photo ID and a 2 inch by 2 inch passport photo.
Mail the bond copy, disclosure form, ID, photo and $30 fee to the Special Filings Unit in Sacramento.
Check the Immigration Consultant Search to confirm your listing is posted.

Detailed Information About the California Immigration Consultant ($100,000) - NNA Bond:

Background check first, bond second

Section 22441.1 requires every immigration consultant to pass a background check run by the Secretary of State, and it says plainly that the Secretary of State shall not file a bond, disclosure form or photograph from someone who has failed it. The order matters. A bond bought before the check clears simply waits.

What disqualifies an applicant

The Secretary of State must disqualify a person for a felony conviction, for a disqualifying misdemeanor where not more than 10 years have passed since probation was completed, or for failing to disclose an arrest or conviction on the disclosure form. The Secretary of State publishes a list of common disqualifying offenses that includes fraud, theft, embezzlement and failing to comply with the immigration consultant chapter itself. The list is not all inclusive. Leaving an old arrest off the form is a separate ground for disqualification, so answer every question fully.

The filing package

The Secretary of State checklist asks for a copy of the current $100,000 bond from a corporate surety admitted in California, the completed Immigration Consultant Disclosure form, a copy of valid photo ID, a 2 inch by 2 inch passport photo and the $30 filing fee. Accepted ID includes a California DMV license or ID card, a U.S. passport, or another state's license or ID card. The disclosure form itself carries no fee. Mail everything to the Secretary of State, Special Filings Unit, P.O. Box 942870, Sacramento, CA 94277-2870.

Showing up on the public search

The Secretary of State posts each compliant consultant on its website with a photo, and updates that information at least every 30 days. You appear only if you have filed and kept the bond in force, filed the disclosure form and photo, and passed the background check. Clients can look you up through the state's Immigration Consultant Search.

Who is outside the requirement

Licensed attorneys and people authorized by federal law to represent others before the Board of Immigration Appeals or USCIS are outside the chapter under section 22440. Employees of nonprofit, tax exempt corporations who help with immigration forms free or for a nominal fee are exempt from the bond under section 22443.1(j).

Questions about a filing go to the Secretary of State Special Filings Unit at (916) 653-6814.

Eligibility and Requirements for a California Immigration Consultant ($100,000) - NNA Bond:

No felony convictions.
No disqualifying misdemeanor within 10 years of completing probation.
Full disclosure of any arrest or conviction.
A current $100,000 bond kept on file for as long as you practice.
Written notice to the Secretary of State within 30 days of a bond renewal or a change of name, address, phone number or agent for service of process.

California Immigration Consultant ($100,000) - NNA Bond FAQs:

Should I buy the bond before or after the background check?

The Secretary of State will not file a bond from anyone who has not passed the background check, so the check is the gate. Having the bond ready lets you file as soon as it clears.

I had a misdemeanor years ago. Am I disqualified?

It depends on the offense and timing. A disqualifying misdemeanor counts if not more than 10 years have passed since you completed probation. Call the Special Filings Unit at (916) 653-6814 about your specific record.

What if I leave an old arrest off the disclosure form?

Failing to disclose an arrest or conviction is its own ground for disqualification under section 22441.1, even if the underlying offense would not have been.

How do clients check that I am bonded?

The Secretary of State lists compliant consultants, with photos, on its Immigration Consultant Search and updates the information at least every 30 days.

Is there a fee for the disclosure form?

No. The disclosure form is filed free. The bond filing carries a $30 fee.