CONTENTS

DEFINITIONS
SURETY REQUIREMENT
CONTRACT REQUIREMENTS
NOTICE REQUIREMENTS
PROHIBITED ACTS
RETENTION OF DOCUMENTS
VIOLATIONS

Providing Immigration Assistance Services in the State of New York.

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New York General Business Law

28-C §460

DEFINITIONS

Gen. Bus. Law Article 28-c Section 460-a Defines immigrant assistance services, specifies rules for contracts and notices, provides prohibited acts and penalties, and requires a surety bond, contract of indemnity or irrevocable letter of credit of at least $50,000 if total fees and compensation for providing services exceeds $250,000 a year.

Gen. Bus. Law Article 28-c Section 460-a (2) Defines “Provider” [Permanent link]“Provider” means any person, including but not limited to a corporation, partnership, limited liability company, sole proprietorship or natural person, that provides immigrant assistance services, but shall not include (a) any person duly admitted to practice law in this state and any person working directly under the supervision of the person admitted;

(b) non-for-profit

any not-for-profit tax exempt organization that provides immigrant assistance without a fee or other payment from individuals or at nominal fees as defined by the federal board of immigration appeals, and the employees of such organization when acting within the scope of such employment;

[there are additional definitions of providers in this section]

SURETY REQUIREMENT

Section 460-F

Every provider shall maintain in full force and effect for the entire period during which the provider provides immigrant assistance services and for one year after the provider ceased to do business as an immigrant assistance service provider, a bond, contract of indemnity, or irrevocable letter of credit, payable to the people of the state of New York, in the principal amount of fifty thousand dollars; provided, however, that every provider that receives in excess of two hundred fifty thousand dollars in total fees and other compensation for providing immigrant assistance service during any twelve-month period shall maintain in full force and effect a bond, contract of indemnity, or irrevocable letter of credit, payable to the people of the state of New York, in the principal amount of twenty percent of such total fees and compensation. Such surety shall be for the benefit of any customer 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 attorney general on behalf of the customer or the customer in his or her own name, may maintain an action against the provider and the surety

SUMMARY: Every provider must maintain a full force and effect bond payable to New York State in the amount of $50,000. Any provider who receives $250,000 in fees or compensation in a year must have a bond in the amount of 20% of their annual fees.

CONTRACT REQUIREMENTS

New York General Business Law Section 460-B

There are quite a few required clauses and even exact phrases that must be included in any contract. See the contract requirements here.

POSTING SIGNS

New York General Business Law 460-C

Posting of signs. Every provider shall post signs, at every location where such provider meets with customers, setting forth information in English and in every other language in which the person provides or offers to provide immigrant assistance services. There shall be a separate sign for each language, and each shall be posted in a location where it will be visible to customers. Permanent link

PROHIBITED ACTS

Gen Bus Law 460-D

Shortened paraphrased list, see full list at https://newyork.public.law/laws/n.y._general_business_law_section_460-d

1. Practicing law or giving legal advice of any kind.
2. using the title lawyer or any other term that implies legal expertise like notary public, notario, etc
3. State or imply that you can influence USCIS or call in any favors with someone working there
4. threaten to report someone to authorities
5. demand or retain fees or compensation for services not yet performed
6. advise someone to lie or allow someone to lie on a government form
7. disclose information to anyone, including immigration, without the clients expressed consent
8. fail to provide the client with copies of documents or refuse to return documents
9. make any false statements directly or indirectly
10. make any guarantees or promises
11. charge fees for services not being provided
12. charge fee or receive compensation for referring people to an attorney
13. give any advice on the determination of a person’s immigration status
14. promise to expedite a benefit or request
15. knowingly mislead or provide false information to a noncitizen about their case or eligibility for benefits

RETENTION OF DOCUMENTS

Section 460-E

Documents prepared on behalf of clients must be retained for a period of three years after the written contract was executed whether or not the contract is subsequently cancelled.

VIOLATIONS

Section 460-I

Any violation of any provision of this article shall be a class A misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment; provided however, a second or subsequent offense shall be punishable by a fine of not more than three thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment. In addition, the court may order as part of the sentence imposed restitution or reparation to the victim of the crime pursuant to section 60.27 of the penal law. The attorney general shall have the power to prosecute any violation of this article.

See Permanent link

Additional civil penalties under Section 460-K for consumer fraud.

See Section 460-K at https://newyork.public.law/laws/n.y._general_business_law_section_460-k

Conclusion

You can find Article 28-C of NY’s Gen. Bus. Law in its entirety on this webpage. There are a number of pretty strict requirements. The law regulates the notices that must be provided to clients, the signs that must be displayed in the Business, as well as the requirements of paying a surety bond.