2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-D - Prohibited Acts.

§ 460-d. Prohibited acts. No provider shall:
1. Give legal advice, or otherwise engage in the practice of law.
2. 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,"   "notario   public",   "notario",   "immigration
  specialist"  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."
3.  State or imply that the provider can or will obtain special favors
  from or has special influence with the  United  States  citizenship  and
  immigration services, the United States department of Homeland Security,
  the  executive  office  for Immigration review or any other governmental
  entity.
4. Threaten to report the customer to immigration or other authorities
  or threaten to undermine in any way the customer's immigration status or
  attempt to secure lawful status.
5. Demand  or  retain  any  fees  or  compensation  for  services  not
  performed, services to be performed in the future, or costs that are not
  actually incurred.
6.  Advise,  direct  or  permit  a  customer  to answer questions on a
  government document, or in a discussion with a government official, in a
  specific way where the provider knows or has reasonable cause to believe
  that the answers are false or misleading.
7. Disclose any information to, or file any forms or  documents  with,
  immigration  or  other  authorities  on behalf of a customer without the
  knowledge or consent of the customer except where  required  by  law.  A
  provider  shall  promptly  notify  the  customer  in  writing  when such
  provider has disclosed any information to or filed any form or  document
  with immigration or other authorities when such disclosure or filing was
  required  by  law  and  done  without  the  knowledge and consent of the
  customer.
8. Fail to provide customers 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 service provider and the customer.
9.  Make  any  misrepresentation  or  false  statement,  directly   or
  indirectly.
10.  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.
11.  Represent  that  a  fee  may  be charged, or charge a fee for the
  distribution, provision or submission of an 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 immigrant assistance service
  provider will not provide.
12. For a fee or other compensation refer a customer to an attorney or
  any other individual or  entity  that  can  provide  services  that  the
  immigrant assistance service provider cannot provide.
13. Give advice on the determination of a person's immigration status,
  including  advising  him  or  her  as  to  answers  on a government form
  regarding such determination.
14.  Promise  to  expedite  immigration  or  other immigration related
  governmental  benefit  processes,  through  claims   to   have   special
  relationships  with  or  special access to government employees who will
  expedite applications or issue favorable decisions for any reason  other
  than the merits of the application.
15.  Knowingly provide misleading or false information to a noncitizen
  about his or her individual  or  family's  eligibility  for  immigration
  benefits or status, or to noncitizens or citizens about their individual
  or  family's  eligibility for other government benefits, with the intent
  to induce an individual to employ the services of the  service  provider
  to  obtain such immigration benefits or status, or such other government
  benefits.