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Can I collect passport numbers from participants in California? What are the requirements?

Based on the documents provided, collecting passport numbers from participants in California may be allowed under certain circumstances, such as when verifying an applicant’s identity and legal presence in the United States. However, it is important to comply with all applicable requirements under California law, including those related to immigration consulting services.

Requirements for Collecting Passport Numbers in California

According to [1.1]" >13 CACR Section 16.04, an applicant for an original driver’s license in California may present a valid foreign passport approved by the department pursuant to Section 16.08 of this Article, but that cannot be electronically verified by the department with the country of origin, accompanied with a social security account number that is electronically verifiable by the department with the Social Security Administration. This suggests that collecting passport numbers may be allowed if it is necessary to verify an applicant’s identity and legal presence in the United States.

However, it is important to note that collecting passport numbers may be subject to additional requirements under California law. For example, [2.2]" >Bpc Code CACL 22442 requires immigration consultants to provide clients with a written contract that includes all provisions relating to the services to be performed, the cost of each service, and a statement that the immigration consultant is not an attorney and may not perform the legal services that an attorney performs. The contract must also list the documents to be prepared by the immigration consultant, explain the purpose and process of each document, and list the cost for preparing each document. Additionally, the contract must include a provision that informs the client that they may report complaints relating to immigration consultants to the Executive Office for Immigration Review of the United States Department of Justice.

Furthermore, immigration consultants are required to file a bond of one hundred thousand dollars ($100,000) executed by a corporate surety admitted to do business in California and conditioned upon compliance with [2.1]" >Bpc Code CACL 22443.1. The bond may be terminated pursuant to Section 995.440 of, and Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure. The bond is in favor of, and payable to, the people of the State of California and is for the benefit of any person damaged by any fraud, misstatement, misrepresentation, unlawful act or omission, or failure to provide the services of the immigration consultant or the agents, representatives, or employees of the immigration consultant, while acting within the scope of that employment or agency.

It is also important to note that social security numbers should be redacted from records before disclosing them to the public pursuant to [4.1]" >Gov Code CACL 7922.200.

Conclusion

Based on the documents provided, collecting passport numbers from participants in California may be allowed under certain circumstances, such as when verifying an applicant’s identity and legal presence in the United States. However, it is important to comply with all applicable requirements under California law, including those related to immigration consulting services and social security number redaction.

Source(s):
Jurisdiction

California