2013 New York Consolidated Laws
GBS - General Business
Article 28-C - (460-A - 460-J) IMMIGRANT ASSISTANCE SERVICES
460-B - Immigrant assistance service contracts.


NY Gen Bus L § 460-B (2012) What's This?
 
    §   460-b.   Immigrant  assistance  service  contracts.  No  immigrant
  assistance service 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  immigrant
  assistance service 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  immigrant  assistance service 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 immigration services  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 customers file shall be provided to the client on
  demand and without fee."

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