New Jersey criminal charge
Unauthorized practice of immigration law; penalties in New Jersey
Unauthorized practice of immigration law; penalties is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:21-31. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:21-31.
What is the penalty for unauthorized practice of immigration law; penalties in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (Unlicensed practice of law by immigration consultant — An immigration consultant not licensed as an attorney who engages in the practice of law in this State.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Unlicensed practice of law by immigration consultant — An immigration consultant not licensed as an attorney who engages in the practice of law in this State.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Holding out as authorized to practice law/render legal services — An unlicensed immigration consultant holds himself out as entitled to practice law or render legal advice/services in an immigration or naturalization matter.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Holding out as authorized to practice law/render legal services — An unlicensed immigration consultant holds himself out as entitled to practice law or render legal advice/services in an immigration or naturalization matter.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Assuming/advertising title of lawyer or attorney-at-law — An unlicensed immigration consultant assumes, uses, or advertises the title of lawyer or attorney-at-law or equivalent terms implying licensure.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Assuming/advertising title of lawyer or attorney-at-law — An unlicensed immigration consultant assumes, uses, or advertises the title of lawyer or attorney-at-law or equivalent terms implying licensure.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Wrongful retention of immigration-related document — A person knowingly retains another's immigration-related document beyond a reasonable time after a written request for its return.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Wrongful retention of immigration-related document — A person knowingly retains another's immigration-related document beyond a reasonable time after a written request for its return.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is unauthorized practice of immigration law; penalties classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlicensed practice of law by immigration consultant | Crime of the Fourth Degree | An immigration consultant not licensed as an attorney who engages in the practice of law in this State. | N.J.S.A. 2C:21-31undefined |
| Holding out as authorized to practice law/render legal services | Crime of the Third Degree | An unlicensed immigration consultant holds himself out as entitled to practice law or render legal advice/services in an immigration or naturalization matter. | N.J.S.A. 2C:21-31undefined |
| Assuming/advertising title of lawyer or attorney-at-law | Crime of the Third Degree | An unlicensed immigration consultant assumes, uses, or advertises the title of lawyer or attorney-at-law or equivalent terms implying licensure. | N.J.S.A. 2C:21-31undefined |
| Wrongful retention of immigration-related document | Crime of the Fourth Degree | A person knowingly retains another's immigration-related document beyond a reasonable time after a written request for its return. | N.J.S.A. 2C:21-31undefined |
Common questions about unauthorized practice of immigration law; penalties in New Jersey
What degree of offense is unauthorized practice of immigration law; penalties in New Jersey?
It depends on the circumstances: unauthorized practice of immigration law; penalties ranges from a Crime of the Fourth Degree to a Crime of the Third Degree in New Jersey under N.J.S.A. 2C:21-31.
Unlicensed practice of law by immigration consultant: Crime of the Fourth Degree (N.J.S.A. 2C:21-31) · Holding out as authorized to practice law/render legal services: Crime of the Third Degree (N.J.S.A. 2C:21-31) · Assuming/advertising title of lawyer or attorney-at-law: Crime of the Third Degree (N.J.S.A. 2C:21-31) · Wrongful retention of immigration-related document: Crime of the Fourth Degree (N.J.S.A. 2C:21-31)
What are the penalties for unauthorized practice of immigration law; penalties in New Jersey?
Penalties for unauthorized practice of immigration law; penalties in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Third Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers unauthorized practice of immigration law; penalties?
Unauthorized practice of immigration law; penalties is governed by N.J.S.A. 2C:21-31 (Unauthorized practice of immigration law; penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.