N.Y. General Business Law § 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."