§ 20-776 Prohibited conduct.
AC § 20-776
In the course of providing immigration assistance services, no provider may: a. State or imply that the provider can or will obtain special favors from or has special influence with any governmental entity, or 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; b. Demand or retain any fees or compensation for services not performed, or costs that are not actually incurred; c. Fail to provide a customer with copies of documents submitted to, or received from, a governmental entity within two weeks of submission or receipt 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 provider and the customer; d. Fail to provide the customer with a signed form affirming receipt of an original document, as well as a complete copy of such document, immediately upon taking possession of such original document for submission or any other purpose; e. 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 Publico," "Notario," "Immigration Specialist" or "Immigration Consultant," that could cause a customer to believe that the person 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"; f. Give any legal advice concerning an immigration matter, including selecting, or advising the customer on selecting, a governmental agency form in order to apply for an immigration-related benefit, or otherwise engage in the practice of law; g. Make a determination of, or advise about, a person's immigration status, including advising him or her on how to respond to questions on a governmental form regarding such determination; h. Make any guarantee or promise to a customer, unless there is a basis in fact for such representation, such representation does not relate to eligibility for an immigration-related benefit, and the guarantee or promise is in writing and attached to the service contract; i. Represent that a fee may be charged, or charge a fee for the distribution, provision or submission of any 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 provider will not provide; j. Refer, for a fee or other compensation, a customer to an attorney or any other individual or entity that can provide services that such provider cannot provide; k. Guarantee the expedition of any immigration-related benefit, pursuant to an actual or fabricated relationship with or access to government employees who have the ability to expedite applications or other documentation, or issue a favorable decision for any reasons other than the merits of such application or documentation; l. Provide information to any person about his or her, or his or her family member's potential eligibility for a particular immigration-related benefit or status, or other governmental benefit, with the intent to induce such person to employ the services of such provider, regardless of whether the information is true or false; m. Disclose any information to, or submit any forms or documents with, any third party, including immigration or other authorities, on behalf of or relating to the customer without the knowledge and consent of the customer except where such disclosure or such submission is required by law. A provider shall notify the customer in writing when such provider has disclosed any information to or submitted any form or document with immigration or other authorities when such disclosure or submission was required by law and performed without the knowledge and consent of the customer. (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.
