In this subtitle the following words have the meanings indicated. “Client” means a noncitizen or any person seeking to sponsor a noncitizen for whom an immigration consultant performs or offers to perform a service relating to the noncitizen’s immigration status. “Immigration consultant” means a person that provides nonlegal advice, guidance, information, or services to a client on an immigration matter for a fee. “Immigration matter” means any legal proceeding, filing, or action that: Affects the immigration status of a noncitizen; and Arises under: Any immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or An action of the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce. “Legal services” means the legal representation of an individual. “Legal services” includes providing forms to an individual, completing forms on behalf of an individual, filing forms on behalf of an individual, advising an individual to file forms, or applying for a benefit on behalf of an individual. “Secretarial services” means: Writing, typing, or copying information as provided by an individual; or Translating documents into English for an individual.

This subtitle does not apply to: An attorney licensed to practice law in the State; An individual authorized to represent individuals in immigration matters under 8 C.F.R. § 292.1; A nonprofit organization that has been recognized under 8 C.F.R. § 292.2; A representative of a nonprofit organization that has been recognized under 8 C.F.R. § 292.2; or A clinic affiliated with a law school in the State.

An immigration consultant may not: Provide legal advice or legal services concerning an immigration matter; Make a misrepresentation or false statement to influence, persuade, or encourage a client to use services provided by the immigration consultant; Make a statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce; Collect any fees or other compensation for services not yet performed; Refuse to return documents supplied by, prepared by, or paid for by a client, at the client’s request; or Represent, advertise, or communicate in any manner that the immigration consultant possesses titles or credentials that would qualify the immigration consultant to provide legal advice or legal services.

Before providing any assistance, an immigration consultant shall execute a written contract with the client that includes: A detailed explanation of the services to be performed; An itemization of all fees to be charged to the client; A statement that the client has the right to consult an attorney before signing the contract; A statement that the client has the right to rescind the contract within 72 hours of signing; The statement, “I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services”, which shall be conspicuously placed in the contract in at least 12 point type; and The statement, “I cannot accept a fee for referring a client to another person for services that I cannot or will not perform”, which shall be conspicuously placed in the contract in at least 12 point type. The written contract shall be in English and in each language in which the immigration consultant provides services. The immigration consultant shall provide a copy of the contract to the client on execution. The immigration consultant shall return any documents provided by the client at the client’s request, even in the event of a fee dispute.

An immigration consultant shall post, in a conspicuous location at each place of business at which the immigration consultant provides immigration consulting services, a sign that states, “I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services.”

An immigration consultant that violates this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both, in addition to any civil penalties imposed under subsection (b) of this section. An individual injured by a violation of any provision of this subtitle may bring an action to recover: Any fees or other compensation paid to the immigration consultant; and Reasonable attorney’s fees in an amount equal to the greater of: $2,000; One-third of the amount obtained under item (1) of this subsection; or One-third of the amount obtained under subsection (c) of this section, if applicable. The court may award up to three times the amount of damages authorized under subsection (b)(1) of this section.