Illinois Immigration Bond

Non-attorneys who wish to help consumers with immigration law matters in Illinois must be licensed. To get an immigration assistance provider license, you must register with the Illinois Attorney General's Office. Requirements for this include an annual registration statement and a $100,000 Illinois Assistance Provider Bond.

• This surety bond aims to protect clients from fraud and malpractice. Suppose an Immigration Assistance Provider acts unlawfully or unethically. In that case, the affected client can make a claim against the bond for financial reimbursement.

Illinois Immigration Assistance Provider Bonds ensure an assistance provider is financially liable for malpractice. This surety bond is NOT insurance for assistance providers—its purpose is to protect the general public.

Every IL Immigration Assistance Provider Bond is a contract between three parties:

1. Principal – the assistance provider that needs to get licensed.
2. Obligee – the one requiring the provider to get bonded (Illinois Attorney General).
3. Surety – the company that issues and financially backs the bond (ex. JW Surety Bonds).

Example: An assistance provider misleads clients by implying they are a legal representative accredited by the Immigration and Naturalization Service. Per Ill. Admin. Code tit. 14 § 485.10, this is prohibited. Therefore, the affected client(s) can make a claim against the provider's bond (up to the full bond amount of $100,000).

Valid bond claims are initially paid by the surety. However, the assistance provider must then pay them back in full.

An Illinois Immigration Assistance Provider Bond starts at $1,000. While the full bond amount required is $100,000, the bond costs only a small fraction of that amount (typically 1% - 10%).

The percentage of the bond that you pay is known as a bond rate or bond premium. The rate that you can secure largely depends on your credit rating. However, industry experience, past bonding industry, and financials may also be factored into your bond quote.

Your bond needs to be renewed annually. Additionally, it must be maintained for 2 years following the date you cease operation.

Bond Form

State law dictates that all Illinois immigration assistance providers must have an active surety bond. Your surety provider will issue an official bond form to forward to the Attorney General's Office.

Immigration Assistance Provider Requirements

To become an Immigration Assistance Provider in Illinois, you must agree to the rules and regulations outlined in Ill. Admin. Code tit. 14 § 485.10. This includes, but isn't limited to:

• Having a sign that is a minimum of 11 inches by 17 inches. This sign must have the statement:
  1. "I am not an attorney licensed to practice law and may not give legal advice or accept fees for legal advice."
  2. "I am not accredited to represent you before the United States Immigration and Naturalization Service and the Immigration Board of Appeals."
• Providing customers with a written contract that outlines costs.
• Returning all original documentation to clients.

An immigration consultant who violates the rules and regulations outlined in state laws may have claims made against their bond. Additionally, they shall be guilty of a Class A misdemeanor (first offense) and a Class 3 felony (subsequent offense committed within 5 years).

Step 1: Pick a Surety Company

The surety agency you choose must meet the following criteria for your bond to be valid:

• Be licensed to do business in the state of Illinois.
• Offer Immigration Assistance Provider Bonds.

We also suggest choosing a large, established company to save money on your bond. Companies like JW Surety Bonds are able to offer lower prices due to the volume of bonds we undertake. We also have a bad credit bonding program for those with credit issues.

Richard came to us last year looking for an Immigration Assistance Provider Bond after being turned down by two other sureties. He went into debt in the previous years trying to keep his business afloat, and his credit score took a hit. Luckily, we were not only able to get him bonded—we got him a great price!

Step 2: Apply for the Surety Bond

Fill out an online application. This is the quickest way to get bonded, with the form taking most applicants 2 - 3 minutes to complete. Plus, it generates an instant bond quote.

You will need basic information on hand, such as:

• Bond Name (Immigration Assistance Provider Bond)
• Bond Amount ($100,000)
• Contact Information

A quote should appear in your email a few minutes after you submit your application. Please check your Spam Folder.

Step 3: Sign the Bond Agreement & Pay Your Invoice

Follow the email's instructions to log in to our website. There, you can sign your bond agreement and pay your invoice.

Step 4: Proofread Your Bond Form

You will receive a copy of your bond form. Please double-check that all information is correct. This includes spelling, bond type, and bond amount. Errors may cause your bond to be denied, delaying your certification.

Step 5: Forward Your Bond

Send your bond to the Illinois Secretary of State. You must have an active bond on file at all times to keep your license active. Your surety company is legally required to contact you a minimum of 30 days before your bond expires. Generally, this notice also includes instructions on how to renew your bond.

815 ILCS 505/2AA. (n.d.). In www.ilga.gov. Retrieved January 22, 2025, from

https://www.ilga.gov/legislation/ilcs/documents/081505050K2AA.htm

Immigration Services Provider. (n.d.). Retrieved January 22, 2025, from

https://illinoisattorneygeneral.gov/Page-Attachments/ImmigrationServicesProviderFAQs.pdf

State Rules on Immigration Consulting and Assistance Services. (n.d.). In National Notary Association. Retrieved January 22, 2025, from

https://www.nationalnotary.org/immigration/knowledge-center/state-immigration-consulting-rules

Surety Bond Cost: Guide & Free Online Quotes. (n.d.). In JW Surety Bonds. Retrieved January 22, 2025, from

https://www.jwsuretybonds.com/edu/what-do-surety-bonds-cost

What Is a Surety Bond? (n.d.). In JW Surety Bonds. Retrieved January 22, 2025, from

https://www.jwsuretybonds.com/edu/what-is-a-surety-bond