Section 460-B. Immigrant assistance service contracts  


Latest version.
  • No  immigrant
      assistance service shall be provided until the customer has  executed  a
      written  contract  with the provider who will provide such services. 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 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.  The
      contract  may  be cancelled at any time after execution. If the contract
      is cancelled after three days, or within three  days  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.  The  written  contract
      shall  be  in  plain  language,  in at least twelve point type and shall
      include the following:
        1. The name, address and telephone number of the provider.
        2. Itemization of all services to be provided to the customer, as well
      as the fees and costs to be charged to the customer.
        3. A statement that original documents required  to  be  submitted  in
      connection with an application made to the federal bureau of 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 payment of fees or
      costs.
        4.  A  statement  that  the provider shall give the customer a copy of
      each document filed with a governmental entity.
        5. A statement that the customer is not required to obtain  supporting
      documents  through  the  immigrant  assistance service provider, but may
      obtain such documents himself or herself.
        6. The statement: "You have three (3) business  days  to  cancel  this
      contract.  Notice  of cancellation must be in writing, signed by you and
      mailed by  registered  or  certified  United  States  mail  to  (specify
      address).  If  you  cancel this contract within three days, you will get
      back your documents and any fees that you paid".
        7. A statement that the immigration services  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.
        8. 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   bureau  of  citizenship  and  immigration  services,  the
      department  of  labor,  the  department  of  state  or  any  immigration
      authorities  and  may  not  give  legal  advice or accept fees for legal
      advice".
        9. The statement: "The individual providing assistance  to  you  under
      this  contract  is  prohibited from disclosing any information or filing
    
      any forms or documents with immigration  or  other  authorities  without
      your knowledge and consent."
        10.  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 customers file shall be provided to the client on
      demand and without fee."