Section 460-E. Prohibited acts  


Latest version.
  • 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" 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 person can or will obtain special favors
      from or has  special  influence  with  the  bureau  of  citizenship  and
      immigration  services  or  any other governmental entity, or threaten to
      report the client to immigration or other authorities  or  undermine  in
      any  way  the  client's  immigration  status or attempt to secure lawful
      status.
        4. Demand  or  retain  any  fees  or  compensation  for  services  not
      performed, or costs that are not actually incurred.
        5.  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.
        6. Disclose any information to, or file any forms or  documents  with,
      immigration or other authorities without the knowledge or consent of the
      customer.
        7.  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.
        8.   Make  any  misrepresentation  or  false  statement,  directly  or
      indirectly.
        9. 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.
        10. 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.