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This entry was published on 2015-02-06
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SECTION 460-D
Prohibited acts
General Business (GBS) CHAPTER 20, ARTICLE 28-C
§ 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.