NMSA 1978, § 36-3-1 Short title
36-3-1. Short title
This act [36-3-1 to 36-3-10 NMSA 1978] may be cited as the "Immigration and Nationality Law Practice Act".
Laws 1987, ch. 60, § 1.
Immigration and Nationality Law Practice
NMSA 1978 ch. 36, art. 3
in effectNMSA 1978, § 36-3-2 Purpose
36-3-2. Purpose
The purpose of the Immigration and Nationality Law Practice Act is to prevent the unauthorized practice of law by nonlawyers who hold themselves out as immigration consultants rendering services in immigration, nationality or citizenship matters and who are outside pertinent federal regulations regulating the practice of immigration law.
Laws 1987, ch. 60, § 2.
NMSA 1978, § 36-3-3 Definitions
36-3-3. Definitions
As used in the Immigration and Nationality Law Practice Act:
A. "immigration consultant" means any person who renders services, including the completion of forms and applications, to a client where the services are related to the client's desire to determine his legal status in an immigration or naturalization matter and who is beyond the scope of federal regulations regulating appearances and practice under the Immigration and Nationality Act of 1952, as amended.
B. "immigration or naturalization matter" includes all matters implicating any law, action, filing or proceeding related to a person's immigration or citizenship status in the United States;
C. "original document" means any document of the United States government or any department or agency thereof, any foreign government, any state government or political subdivision thereof or any other document, including signed affidavits, that would demonstrate physical presence by a person in the United States; and
D. "unauthorized practice of law" occurs where any person gives legal advice of any kind or acts on behalf of a client in any legal matter without authorization under the Immigration and Nationality Law Practice Act.
Laws 1987, ch. 60, § 3.
NMSA 1978, § 36-3-4 Representation
36-3-4. Representation
A. A person desiring immigration and nationality services may be represented by any of the following:
(1) attorneys in the United States; as used in this subsection, "attorney" means any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the district of Columbia and is not under any order of any court, suspending, enjoining, restraining, disbarring or otherwise restricting him in the practice of law;
(2) a law student who is enrolled in the final year of an accredited law school or a law school graduate who is not yet admitted to the bar, provided that:
(a) he is appearing on an individual case basis at the request of the person entitled to representation; or
(b) his appearance is permitted by the official before whom he wishes to appear including an immigration judge, district immigration director, immigration officer-in-charge, regional immigration commissioner, the commissioner of immigration and naturalization or the immigration board, which official, if in his opinion special circumstances warrant it, may require that a law student be accompanied by the supervising faculty member or attorney;
(3) any reputable individual of good moral character, provided that:
(a) he is appearing on an individual case basis, at the request of the person entitled to representation;
(b) he is appearing without direct or indirect remuneration and files a written declaration to that effect;
(c) he has a preexisting relationship or connection with the person entitled to representation including a relative, neighbor, clergyman, business associate or personal friend, provided that such requirement may be waived, as a matter of administrative discretion, in cases where adequate representation would not otherwise be available; and
(d) if appearing on behalf of a client, his appearance is permitted by the official before whom he wished to appear including an immigration judge, district immigration director, immigration officer-in-charge, regional immigration commissioner, the commissioner of immigration and naturalization or the immigration board, provided that such permission shall not be granted with respect to any individual who regularly engages in immigration and nationality practice or preparation or holds himself out to the public as qualified to do so;
(4) a person representing an organization accredited by the board of immigration appeals and who has been accredited by the immigration board; or
(5) an accredited official in the United States of the government to which an alien owes allegiance, if the official appears solely in his official capacity and with the alien's consent.
B. Except as set forth in this section, no other person or persons shall represent others in any case, nor prepare applications or forms or given [give] any legal advice.
Laws 1987, ch. 60, § 4.
NMSA 1978, § 36-3-5 Unauthorized practice of law prohibited
36-3-5. Unauthorized practice of law prohibited
On or after the effective date of the Immigration and Nationality Law Practice Act, it shall be unlawful for any person to render for compensation any service constituting the unlawful practice of law or to otherwise violate any provision of the Immigration and Nationality Law Practice Act.
Laws 1987, ch. 60, § 5.
NMSA 1978, § 36-3-6 Authority of the attorney general
36-3-6. Authority of the attorney general
A. Whenever the public interest so requires, the attorney general shall initiate appropriate proceedings to prevent violations of the Immigration and Nationality Law Practice Act.
B. A person having an interest or right which is or may be adversely affected under the Immigration and Nationality Law Practice Act may initiate an action for private remedies in accordance with the procedures of Section 57-12-10 NMSA 1978.
Laws 1987, ch. 60, § 6.
NMSA 1978, § 36-3-7 Filing; process
36-3-7. Filing; process
Any information required to be filed by any subsection of the Immigration and Nationality Law Practice Act shall be a matter of public record and shall be disclosed by the attorney general upon written request.
Laws 1987, ch. 60, § 7.
NMSA 1978, § 36-3-8 Unlawful acts
36-3-8. Unlawful acts
Any person who misrepresents the services he may provide in immigration or nationality matters is in violation of the Immigration and Nationality Law Practice Act.
Laws 1987, ch. 60, § 8.
NMSA 1978, § 36-3-9 Original documents of the client
36-3-9. Original documents of the client
No person shall retain original documents of a client in his possession unless authorized by the client.
Laws 1987, ch. 60, § 9.
NMSA 1978, § 36-3-10 Violation is a misdemeanor
36-3-10. Violation is a misdemeanor
Violation of any provision in the Immigration and Nationality Law Practice Act constitutes a misdemeanor the penalty for which is as provided in Section 31-19-1 NMSA 1978.
Laws 1987, ch. 60, § 10.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18536/index.doFetched: 10/20/2026