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What is NYC AC § 20-775?

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This section provides definitions for terms related to immigration assistance services in New York City. It outlines what constitutes an immigration assistance service and specifies who qualifies as a provider, including exemptions for legal professionals and certain non-profit organizations. Applies to individuals and organizations offering immigration-related services in the city.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-775 Definitions.

AC § 20-775

For the purpose of this subchapter, the following terms have the following meanings: a. "Immigration assistance service" means providing any form of assistance, in the city of New York, for a fee or other compensation, to persons who have come, or plan to come to the United States from a foreign country, or their representatives, in relation to any proceeding, filing or action affecting the non-immigrant, immigrant or citizenship status of a person, which arises under the immigration and nationality law, executive order or presidential proclamation, or which arises under actions or regulations of the United States department of homeland security, the United States department of justice, the United States department of labor, or the United States department of state. b. "Provider" means any person, including but not limited to a corporation, partnership, limited liability company, sole proprietorship or natural person, that provides immigration assistance services, but shall not include: 1. any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia, and is not under any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting him or her in the practice of law, or any person working directly under the supervision of the person admitted; 2. any tax-exempt, not-for-profit organization that provides immigration assistance services without a fee or other payment from individuals or at nominal fees as defined by the United States department of justice and any employee of such organization acting within the scope of his or her employment; 3. any tax-exempt, not-for-profit organization recognized by the United States department of justice that provides immigration assistance services via representatives accredited by the department to appear before the United States citizenship and immigration services and/or executive office for immigration review, that does not charge a fee or charges nominal fees as defined by the department, and any duly accredited employee of such organization acting within the scope of his or her employment; 4. any authorized agency under subdivision ten of section three hundred seventy-one of the New York state social services law and the employees of such organization when acting within the scope of such employment; 5. any elected official who, acting within the scope of his or her official capacity, without a fee or other payment makes inquiries on behalf of an individual to any governmental authority responsible for administering any program, law or regulation affecting the non-immigrant, immigrant or citizenship status of a person; 6. any employee of the office of the mayor or an executive agency of the city of New York who, acting within the scope of his or her capacity as an employee of the office of the mayor or an executive agency of the city of New York, without a fee or other payment makes inquires on behalf of an individual to any governmental authority responsible for administering any program, law or regulation affecting the non-immigrant, immigrant or citizenship status of a person; or 7. any individual providing representation in an immigration-related proceeding under federal law for which federal law or regulation establishes such individual's authority to appear. (Am. L.L. 2017/063, 4/25/2017, eff. 8/23/2017) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2004/031.

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