2023 New York Laws › GBS - General Business › Article 28-C - Immigrant Assistance Services › 460-B - Immigrant Assistance Service Contracts.

§  460-b.  Immigrant  assistance  service  contracts.  1. No immigrant
assistance service shall be provided until the customer has  executed  a
written  contract  with  the  immigrant  assistant service provider. 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 interpreter
shall provide an attestation  affirming  the  accuracy  of  his  or  her
translation, to be attached to the contract.
2.  (a) 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.
(b) The contract may be cancelled at any time after execution. If  the
contract  is  cancelled  more  than  three  days after it was signed, or
within three days after it was signed 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.
3. The written contract shall be in plain language, in at least twelve
point type and shall include the following:
(a) The name, address and telephone number of the provider.
(b)  Itemization  of  all  services to be provided to the customer, as
well as the fees and costs to  be  charged  to  the  customer  for  each
service.
(c)  A  statement  that original documents required to be submitted in
connection with an application made to the United States 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 failure of  the  customer  to
pay fees or costs or other fee dispute.
(d)  A  statement  that the provider shall give the customer a copy of
each document prepared with the provider's assistance.
(e) A statement that the customer is not required to obtain supporting
documents through the immigrant assistance  service  provider,  and  may
obtain such documents himself or herself, along with the statement: "The
U.S. government provides information on required forms and documentation
for free online and by phone".
(f) The statement: "You may cancel this contract at any time. You have
three  (3)  business days to cancel this contract without fee or penalty
and get back any fees that you have already paid. Notice of cancellation
may be made  by  completing  the  cancellation  form  included  in  this
contract,  or otherwise notifying the provider in writing and delivering
such form or notification to the provider in person or by United  States
mail to (specify address). If you cancel this contract you will get back
any documents you submitted to the provider".
(g)   Each  contract  shall  contain  a  separate  final  page  titled
"Cancellation Form." The cancellation form shall contain  the  following
statement:  "I  hereby cancel the contract of (date of contract) between
(name of provider, address of provider, and phone  number  of  provider)

and  (name  of  customer)."  Below  the  statement  shall  be a customer
signature and date line. Below the signature and  date  line,  the  form
shall   contain   the  statement  required  by  paragraph  (h)  of  this
subdivision, printed in twelve point or larger text.
(h)  A  statement  that  the immigrant assistance service 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.
(i)  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 United  States  citizenship  and  immigration  services,  the
department  of  homeland  security, the executive office for immigration
review, the  department  of  labor,  the  department  of  state  or  any
immigration authorities and may not give legal advice or accept fees for
legal  advice.  For  a  free  legal  referral  call  the  office for new
Americans hotline at (phone number of the office for new Americans), the
New York state office of the attorney general at (phone  number  of  the
office  of  the  attorney  general),  or your local district attorney or
prosecutor." The service provider shall be responsible for providing the
accurate and up-to-date phone numbers required in such statement.
(j) The statement: "The individual providing assistance to  you  under
this  contract  is  prohibited from disclosing any information about you
to, or filing any forms or documents on your behalf with, immigration or
other authorities without your knowledge and consent except as  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.
(k) 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  customer
on demand and without fee."
(l)  On  the  same  page  as  the  signature line, the statement: "The
individual providing assistance to you under the terms of this  contract
must  explain  the  contents  of  this  contract  to  you and answer any
questions about it that you may have."