N.Y. Gen. Bus. Law § 460-e
Retention of documents
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2016
As of January 1, 2015
* § 460-e. Prohibited acts. No provider shall:\n 1. Give legal advice, or otherwise engage in the practice of law.\n 2. Assume, use or advertise the title of lawyer or attorney at law, or\nequivalent terms in the English language or any other language, or\nrepresent or advertise other titles or credentials, including but not\nlimited to "notary public", "accredited representative of the board of\nimmigration appeals" or "immigration consultant," that could cause a\ncustomer to believe that the person possesses special professional\nskills or is authorized to provide advice on an immigration matter;\nprovided that a notary public licensed by the secretary of state may use\nthe term "notary public."\n 3. State or imply that the person can or will obtain special favors\nfrom or has special influence with the bureau of citizenship and\nimmigration services or any other governmental entity, or threaten to\nreport the client to immigration or other authorities or undermine in\nany way the client's immigration status or attempt to secure lawful\nstatus.\n 4. Demand or retain any fees or compensation for services not\nperformed, or costs that are not actually incurred.\n 5. Advise, direct or permit a customer to answer questions on a\ngovernment document, or in a discussion with a government official, in a\nspecific way where the provider knows or has reasonable cause to believe\nthat the answers are false or misleading.\n 6. Disclose any information to, or file any forms or documents with,\nimmigration or other authorities without the knowledge or consent of the\ncustomer.\n 7. Fail to provide customers with copies of documents filed with a\ngovernmental entity or refuse to return original documents supplied by,\nprepared on behalf of, or paid for by the customer, upon the request of\nthe customer, or upon termination of the contract. Original documents\nmust be returned promptly upon request and upon cancellation of the\ncontract, even if there is a fee dispute between the immigration\nassistance service provider and the customer.\n 8. Make any misrepresentation or false statement, directly or\nindirectly.\n 9. Make any guarantee or promise to a customer, unless there is a\nbasis in fact for such representation, and the guarantee or promise is\nin writing.\n 10. Represent that a fee may be charged, or charge a fee for the\ndistribution, provision or submission of an official document or form\nissued or promulgated by a state or federal governmental entity, or for\na referral of the customer to another person or entity that is qualified\nto provide services or assistance which the immigrant assistance service\nprovider will not provide.\n * NB Effective until February 2, 2015\n * § 460-e. Retention of documents. A provider shall retain copies of\nall documents prepared or obtained in connection with a customer's\nrequest for assistance for a period of three years after a written\ncontract is executed by the provider and the customer, whether or not\nsuch contract is subsequently cancelled.\n * NB Effective February 2, 2015\n
§ 460-e. Retention of documents. A provider shall retain copies of all\ndocuments prepared or obtained in connection with a customer's request\nfor assistance for a period of three years after a written contract is\nexecuted by the provider and the customer, whether or not such contract\nis subsequently cancelled.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.