Michigan UPL Statute Summary 

From the Department of Licensing and Regulatory Affairs Website: 

The Immigration Clerical Assistant Act, Public Act 161 of 2004, was enacted to insure that when the public requires use of an individual to assist them with certain immigration matters they have a listing of bonded and qualified individuals from which to choose. These individuals are called "Immigration Clerical Assistants." 

"Immigration clerical assistant" is defined as any individual providing or offering to provide services, for compensation, relating to any immigration matter. 

"Immigration matter" is defined as any matter affecting the immigrant status, nonimmigrant status, or citizenship status of any individual and includes, but is not limited to, federal or state administrative or court proceedings or the filing of accompanying documents in those proceedings or both. 

You must be listed with the department as an Immigration Clerical Assistant (ICA) in order to operate as such. However, the following are exempt from the act and do not require listing as an ICA with the department: 

  • An attorney at law licensed to practice law in the United States and his or her legal and other support staff working under his or her direct supervision. 
  • A law student or law school graduate not yet admitted to the bar that is supervised by a licensed attorney to practice law in the United States. 
  • A reputable individual who has a personal, family, or business relationship with the individual subject to the immigration matter and is engaged in an immigration matter for that individual without compensation. 
  • A nonprofit religious, charitable, social service, or similar organization recognized by the board of immigration appeals, and any individual representing such an organization who has been accredited by the board of immigration appeals. 
  • Any individual representing an organization who performs only the following services in an immigration matter: Translating documents from a language other than English into English; Notarizing signatures; Referring consumers to attorneys; Taking or arranging for the taking of photographs or fingerprints; Arranging for medical testing and assisting with obtaining medical examination results; Conducting English language and civics courses for consumers; Conducting educational or experiential evaluations for consumers. 
  • A translation business that meets certain criteria. 

For complete details refer to the Immigration Clerical Assistant Act. 

Enforcement Mechanisms/Complaint Processes for UPIL 

Complaints can be filed with the AGO’s Consumer Protection division. Complaints may be filed online or printed and mailed. Forms may be accessed here. 
Victims may also file a complaint with the State Bar Association. The form is available here. 

Reporting Ineffective Assistance of Counsel 

To report ineffective assistance of counsel in Michigan, one must send in a request for investigation through the Attorney Grievance Commission here. 

Contact Information for Relevant Agencies 

Attorney General’s Office: 

Consumer Protection Division 
P.O. Box 30213 
Lansing, MI 48909-7713  
Tel:  (517) 335-7599  
Toll free 1-877-765-8388.  
Fax: (517) 241-3771 
Email: miag@mi.gov  

Notary Public Information: 

Michigan Department of State
Office of the Great Seal
7064 Crowner Blvd.
Lansing, MI 48918 
Tel: (888) 767-6424 

Michigan State Bar Association: 

State Bar of Michigan 
Unauthorized Practice of Law Department 
306 Townsend St. 
Lansing, MI 48933 
Phone: (517) 346-6300 
Toll Free: (800) 968-1442 
Fax: (517) 482-6248 

Becoming a Notary Public 

Applicants must meet the following qualifications: 

  • Be at least 18 years old; 
  • Be a Michigan resident or maintain a place of business in Michigan; 
  • Be a U.S. citizen or possess proof of legal presence; 
  • Be a resident of the county in which you request appointment (if you do not reside in Michigan, maintain a principal place of business in the county you request appointment); 
  • Read and write in the English language; 
  • Be free of any felony convictions within the past 10 years (if previously convicted of a felony, the 10-year period includes completion of the sentence for that crime, any term of imprisonment, parole, or probation, and payment of all fines, costs, and assessments); 
  • Have not been convicted of 2 or more misdemeanor offenses involving a violation of the Michigan Notary Public Act within a 12-month period while commissioned, or 3 or more misdemeanor offenses involving a violation of this Act within a 5-year period regardless of being commissioned; 
  • Have filed with the appropriate county clerk a proper surety bond in the amount of $10,000 and taken the oath of office as prescribed by the State Constitution; 
  • Sign a declaration that all information on your application for Michigan Notary Public Commission is correct, that you have read the Michigan Notary Public Act, and that you will perform all notarial acts faithfully; 
  • Any individual currently serving a term of imprisonment in any state, county or federal correctional facility is prohibited from being appointed or serving as a notary public.. 

For more information you may follow this link. The Secretary of State has an online lookup tool where you may search for licensed notaries here.