Except for one statutory exception an Utah immigration consultant bond is required of all individuals that pursue licensing. An “immigration consultant” as defined in 13-49-102 means a person who provides nonlegal assistance or advice on an immigration matter including completing a document provided by a federal or state agency, translating a person’s answer to a question posed in a document provided by a federal or state agency, or securing for a person supporting documents, such as a birth certificate, that may be necessary to complete an immigration document. The Utah immigration consultant bond must be written in the amount of $50,000, payable to the Division of Consumer Protection, and generally for the benefit of any person damaged by a fraud, misstatement, misrepresentation, unlawful act, omission, or failure to provide services of an immigration consultant, or an agent, representative, or employee of a licensee (13-49-204). The surety bond obligation must be conditioned upon the faithful compliance of an immigration consultant with Chapter 13-49 and Division rules. The Utah immigration consultant bond must be kept in force for one year after the consultant’s registration expires or the consultant notifies the Division that he or she has ceased all regulated activities. While the bond face sheet does appear to contain a cancellation provision, there are other onerous terms in the bond statute that a surety should be aware of. Pursuant to 14-94204(4)(b), cancellation is prohibited during the one-year period the consultant’s registration is in effect, or while a revocation proceeding is pending against the person. The Utah immigration consultant bond also contains a nasty forfeiture provision, allowing the Division to demand the full penal sum of the bond if the consultant’s license is revoked. Further, the Division may make a claim against a bond posted by an immigration consultant for money owed the Division for any reason, without first revoking the consultant’s registration. National surety leader, Surety One, Inc., is a specialist in the bonding needs of the legal and paralegal sector. We are “the” source for license and permit bonds regardless of the permit class. Credit problem? NO problem! We can offer you terms for your bond need. Visit us at SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for an Utah immigration consultant bond application or information about any bonding need.
