Definitions

As used in this chapter, the term: (1) “Advertise” or “advertising” means any communication, written or otherwise, produced or caused to be produced by a person licensed pursuant to this chapter promoting the goods or services regulated by this chapter. (2) “Alien” means any person not a citizen of the United States. (3) “Application” means any forms, documents, and information required pursuant to this chapter that applicants are required to file with the Secretary of State. (4) “Client” means any person seeking immigration assistance. (5) “Compensation” means money, property, services, promise of payment, or any other consideration or anything of value. (6) “Immigrant” means every alien with the exception of an alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 1101(a)(15). (7) “Immigration assistance” means any service provided to clients for compensation related to immigration matters, but shall not include legal advice, recommending a specific course of legal action, or providing any other assistance that requires legal analysis, legal judgment, or the interpretation of the law. (8) “Immigration assistance provider” means any person who is licensed to provide immigration assistance pursuant to this chapter. (9) “Immigration matter” means any proceeding, filing, or action 672 43-20A-4 affecting the nonimmigrant, immigrant, or citizenship status of any person that arises under: (A) Immigration and naturalization law, executive order, or presidential proclamation of the United States or any foreign country; or (B) Action of the United States Department of Labor, the United States Department of State, the United States Department of Homeland Security, or the United States Department of Justice. (10) “Nonimmigrant” means any alien within a class of nonimmigrant aliens as defined in 8 U.S.C.A. Section 1101(a)(15). (11) “Order” means, but is not limited to, an administrative order issued under the provisions of this chapter or a similar order issued by a court of competent jurisdiction, any federal, foreign, or state agency, or a self-regulatory organization that makes a finding that the provisions of this chapter have been violated and sanctions administered. (12) “Person” means any individual, partnership, corporation, association, or private organization of any character, but not a governmental entity of any kind. History. Code 1981, § 43-20A-2, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055; Ga. L. 2011, p. 752, § 43/HB 142. 43-20A-3. Purpose and intent of chapter; administration and enforcement. The purpose and intent of this chapter is to establish and enforce standards of ethics in the profession of immigration assistance by private individuals who are not exempted by this chapter. This chapter shall be administered and enforced by the Secretary of State. The Secretary of State may delegate such of his or her powers or duties under this chapter as he or she desires to a division director in his or her office. With respect to the enforcement of this chapter, the Secretary of State shall retain all powers and duties and may perform all functions of the licensing boards as provided in Chapter 1 of this title. History. Code 1981, § 43-20A-3, enacted by Ga. L. 2008, p. 1112, § 15/HB 1055. 43-20A-4. Licensing of immigration assistance providers.