Section 20-770
* § 20-770 Definitions. For the purpose of this subchapter, the
following terms have the following meanings:
a. "Immigration assistance service" means providing any form of
assistance, in the city of New York, for a fee or other compensation, to
persons who have come, or plan to come to the United States from a
foreign country, or their representatives, in relation to any
proceeding, filing or action affecting the non-immigrant, immigrant or
citizenship status of a person, which arises under the immigration and
nationality law, executive order or presidential proclamation, or which
arises under actions or regulations of the United States citizenship and
immigration services, the United States department of labor, or the
United States department of state.
b. "Provider" means any person, including but not limited to a
corporation, partnership, limited liability company, sole proprietorship
or natural person, that provides immigration assistance services, but
shall not include:
1. 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 or her in the practice of law, or any person working directly under
the supervision of the person admitted;
2. any tax-exempt, not-for-profit organization that provides
immigration assistance services without a fee or other payment from
individuals or at nominal fees as defined by the federal board of
immigration appeals and any employee of such organization acting within
the scope of his or her employment;
3. any organization recognized by the federal board of immigration
appeals that provides immigration assistance services via
representatives accredited by such board to appear before the bureau of
citizenship and immigration services and/or executive office for
immigration review, that does not charge a fee or charges nominal fees
as defined by the board of immigration appeals;
4. any authorized agency under subdivision ten of section three
hundred seventy-one of the New York state social services law and the
employees of such organization when acting within the scope of such
employment;
5. any elected official who, acting within the scope of his or her
official capacity, without a fee or other payment makes inquiries on
behalf of an individual to the United States citizenship and immigration
services, the United States department of labor, the United States
department of state or any other government authority responsible for
administering any program, law or regulation affecting the
non-immigrant, immigrant or citizenship status of a person; or
6. any employee of the office of the mayor or an executive agency of
the city of New York who, acting within the scope of his or her capacity
as an employee of the office of the mayor or an executive agency of the
city of New York, without a fee or other payment makes inquiries on
behalf of an individual to the United States citizenship and immigration
services, the United States department of labor, the United States
department of state or any other government authority responsible for
administering any program, law or regulation affecting the
non-immigrant, immigrant or citizenship status of a person.
* NB There are 2 § 20-770's
Section 20-771
* § 20-771 Prohibited conduct. In the course of providing immigration
assistance services, no provider may:
a. State or imply that the person can or will obtain special favors
from or has special influence with the bureau of citizenship and
immigration services or any other governmental entity, or threaten to
report the client to immigration or other authorities or undermine in
any way the client's immigration status or attempt to secure lawful
status;
b. Demand or retain any fees or compensation for services not
performed, or costs that are not actually incurred;
c. Fail to provide a customer with copies of documents filed with a
governmental entity or refuse to return original documents supplied by,
prepared on behalf of, or paid for by the customer, upon the request of
the customer, or upon termination of the contract. Original documents
must be returned promptly upon request and upon cancellation of the
contract, even if there is a fee dispute between the immigration
assistance provider and the customer;
d. Assume, use or advertise the title of lawyer or attorney at law, or
equivalent terms in the English language or any other language, or
represent or advertise other titles or credentials, including but not
limited to "Notary Public", "Accredited Representative of the Board of
Immigration Appeals" or "Immigration Consultant," that could cause a
customer to believe that the person possesses special professional
skills or is authorized to provide advice on an immigration matter;
provided that a notary public licensed by the secretary of state may use
the term "Notary Public";
e. Give any legal advice concerning an immigration matter or otherwise
engage in the practice of law;
f. Make any guarantee or promise to a customer, unless there is a
basis in fact for such representation, and the guarantee or promise is
in writing;
g. Represent that a fee may be charged, or charge a fee for the
distribution, provision or submission of any official document or form
issued or promulgated by a state or federal governmental entity, or for
a referral of the customer to another person or entity that is qualified
to provide services or assistance which the immigration assistance
service provider will not provide;
h. Disclose any information to, or file any forms or documents with,
immigration or other authorities without the knowledge or consent of the
customer.
* NB There are 2 § 20-771's
Section 20-772
* § 20-772 Written Agreement. No immigration assistance services shall
be provided until the customer has executed a written contract with the
provider who will provide such services. The contract shall be in a
language understood by the customer, either alone or with the assistance
of an available interpreter, and, if that language is not English, an
English language version of the contract must also be provided. A copy
of the contract shall be provided to the customer upon the customer's
execution of the contract. The customer has the right to cancel the
contract within three business days after his or her execution of the
contract, without fee or penalty. The right to cancel the contract
within three days without payment of any fee may be waived when services
must be provided immediately to avoid a forfeiture of eligibility or
other loss of rights or privileges, and the customer furnishes the
provider with a separate dated and signed statement, by the customer or
his or her representative, describing the need for services to be
provided within three days and expressly acknowledging and waiving the
right to cancel the contract within three days. The contract may be
cancelled at any time after execution. If the contract is cancelled
after three days, or within three days if the right to cancel without
fee has been waived, the provider may retain fees for services rendered,
and any additional amounts actually expended on behalf of the customer.
All other amounts must be returned to the customer within fifteen days
after cancellation. The written contract shall be in plain language, in
at least twelve point type and shall include the following:
1. The name, address and telephone number of the provider.
2. Itemization of all services to be provided to the customer, as well
as the fees and costs to be charged to the customer.
3. A statement that original documents required to be submitted in
connection with an application made to the federal bureau of citizenship
and immigration services or for other certifications, benefits or
services provided by government may not be retained by the provider for
any reason, including payment of fees or costs.
4. A statement that the provider shall give the customer a copy of
each document filed with a governmental entity.
5. A statement that the customer is not required to obtain supporting
documents through the provider, but may obtain such documents himself or
herself.
6. The statement: "You have three (3) business days to cancel this
contract. Notice of cancellation must be in writing, signed by you and
mailed by registered or certified United States mail to (specify
address). If you cancel this contract within three days, you will get
back your documents and any fees that you paid."
7. A statement that the provider has financial surety in effect for
the benefit of any customer in the event that the customer is owed a
refund, or is damaged by the actions of the provider, together with the
name, address and telephone number of the surety.
8. The statement: "The individual providing assistance to you under
this contract is not an attorney licensed to practice law or accredited
by the board of immigration appeals to provide representation to you
before the bureau of citizenship and immigration services, the
department of labor, the department of state or any immigration
authorities and may not give legal advice or accept fees for legal
advice."
9. The statement: "The individual providing assistance to you under
this contract is prohibited from disclosing any information or filing
any forms or documents with immigration or other authorities without
your knowledge and consent."
10. The statement: "A copy of all forms completed and documents
accompanying the forms shall be kept by the service provider for three
years. A copy of the customer's file shall be provided to the client on
demand and without fee."
* NB There are 2 § 20-772's
Section 20-773
* § 20-773 Posting of Signs.
a. A provider must post signs at every location where that provider
meets with customers that states the following: "THE INDIVIDUAL
PROVIDING ASSISTANCE TO YOU UNDER THIS CONTRACT IS NOT AN ATTORNEY
LICENSED TO PRACTICE LAW OR ACCREDITED BY THE BOARD OF IMMIGRATION
APPEALS TO PROVIDE REPRESENTATION TO YOU BEFORE THE BUREAU OF
CITIZENSHIP AND IMMIGRATION SERVICES, THE DEPARTMENT OF LABOR, THE
DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY NOT GIVE
LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." A separate sign shall be
posted in a location visible to customers in conspicuous size type and
which contains the schedule of fees for services offered and the
statement: "YOU MAY CANCEL ANY CONTRACT WITHIN 3 BUSINESS DAYS AND GET
BACK YOUR DOCUMENTS AND ANY MONEY YOU PAID."
b. Signs required by this section must be at least 11 inches by 17
inches and must be posted in a conspicuous location in English and in
every other language in which immigration assistance services are
provided at the location.
* NB There are 2 § 20-773's
Section 20-774
* § 20-774 Advertisements.
a. Every provider who advertises immigration assistance services by
signs, pamphlets, newspapers or any other means shall post or otherwise
include with the advertisement a notice in English and in the language
in which the advertisement appears. The notice must be of a conspicuous
size and must state: "The individual providing assistance to you is not
an attorney licensed to practice law or accredited by the board of
immigration appeals to provide representation to you before the bureau
of citizenship and immigration services, the department of labor, the
department of state or any immigration authorities and may not give
legal advice or accept fees for legal advice."
b. No advertisement for immigration assistance services may expressly
or implicitly guarantee any particular government action, including but
not limited to the granting of residency or citizenship status.
* NB There are 2 § 20-774's
Section 20-775
§ 20-775 Document Retention. Every provider shall retain copies of all
documents prepared or obtained in connection with a customer's request
for assistance for a period of three years after a written contract is
executed by the provider and the customer, whether or not such contract
is subsequently cancelled.
Section 20-776
§ 20-776 Surety. Unless otherwise required by New York State law,
every provider must maintain in full force and effect a bond, contract,
of indemnity, or irrevocable letter of credit, payable to the people of
the city of New York, in the principal amount of fifty thousand dollars.
Such surety shall be for the benefit of any person who does not receive
a refund of fees from the provider to which he or she is entitled, or is
otherwise injured by the provider. The Commissioner on behalf of the
person or the person in his or her own name may maintain an action
against the provider and the surety.
Section 20-777
§ 20-777 Penalties. a. (1) Criminal Penalties. Any provider who
violates any provision of this subchapter shall be guilty of a class A
misdemeanor.
(2) Civil Penalties. Any provider of immigration assistance services
who violates any provision of this subchapter or any rule or regulation
promulgated hereunder shall be liable for a civil penalty of not less
than two hundred fifty dollars nor more than two thousand five hundred
dollars for the first violation and for each succeeding violation a
civil penalty of not less than five hundred dollars nor more than five
thousand dollars.
b. A proceeding to recover any civil penalty authorized pursuant to
the provisions of this section shall be commenced by the service of a
notice of violation that shall be returnable to the administrative
tribunal of the department of consumer affairs.
Section 20-778
20-778 Civil Cause of Action. Any person claiming to be injured by the
failure of a provider of immigration assistance services to comply with
the provisions of this subchapter shall have a cause of action against
such provider of immigration assistance services in any court of
competent jurisdiction for any or all of the following relief:
a. compensatory and punitive damages;
b. injunctive and declaratory relief;
c. attorney's fees and costs; and
d. such other relief as a court deems appropriate.
Section 20-779
§ 20-779 Rules. The commissioner may promulgate such rules and
regulations as are necessary for the purposes of implementing and
carrying out the provisions of this subchapter. Upon a finding by the
commissioner that the requirements of state law applicable to providers
of immigration services are substantially the same as the requirements
of this subchapter, compliance with state law shall be deemed to be
compliance with the requirements of this subchapter.
Section 20-780
* § 20-780 Severability. If any section, subsection, sentence, clause,
phrase or other portion of this subchapter is, for any reason, declared
unconstitutional or invalid, in whole or in part, by any court of
competent jurisdiction, such portion shall be deemed severable, and such
unconstitutionality or invalidity shall not affect the validity of the
remaining portions of this law, which shall continue in full force and
effect.
* NB There are 2 § 20-780's
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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