California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 3 - Immigration Consultants › Section 3840 - Immigration Consultants Standard Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every immigration consultant as defined
				in Section
				22451
				of the Business and Professions Code shall complete the standard form contract
				as specified in subsection (b) of this section. Upon its execution by all
				parties, the immigration consultant shall provide a copy of the contract to all
				client parties. The contract shall be provided by the immigration consultant to
				the client in both English and the language of the client, the responsibility
				for translating the contract into the language of the client resting with the
				immigration consultant. The translation shall appear on the reverse side of the
				document containing the English version of the contract.
(b) Immigration Consultants Contract for
				Services.
IMMIGRATION CONSULTANT CONTRACT FOR
				  SERVICES
This is a contract between ______________________________,
				  called "Immigration Consultant," and _________________________, called
				  "client."
NOTICE
1. It is important that the client read this
				entire contract before signing it.
2. (In 10 point bold type) This Immigration
				Consultant is not an attorney and cannot give legal advice or provide legal
				services in representing you in this immigration matter.
3. It is a violation of California law for
				the Immigration Consultant to keep any of your original documents because you
				have failed to pay fees or expenses to the Immigration Consultant.
I.
--SERVICES
The Immigration Consultant will provide the following
				  services: (List all services for which the client is being charged.)
A.
B.
C.
D.
You are paying only for those services listed above and the
				  Immigration Consultant makes no promises to provide any other services. The
				  Immigration Consultant does not have special influence and cannot obtain
				  special favors from the United States Immigration and Naturalization Service.
				  It is a violation of California law for the Immigration Consultant to claim
				  special influence or to make false or misleading statements to the
				  client.
II.
--FEES AND
				EXPENSES
The client agrees to pay the Immigration Consultant the
				  following fees and expenses:
A. A flat
				fee in the total amount of $________________ for all services and expenses to
				be paid (state terms of payment)
___________________________
OR
B. An
				hourly rate of $________________ per hour, not to exceed a total of
				$________________ for all services and expenses. Where an hourly fee is
				charged, the Immigration Consultant agrees to provide a statement itemizing all
				services rendered and expenses incurred. This statement will be provided to the
				client at any time a payment is due, and at least every six months, whether or
				not a payment is due.
OR
C. A
				contingency fee in the amount of $________________ for all services and
				expenses. No part of this fee shall be paid until the Immigration Consultant
				achieves the following result for the client: (Here state the specific
				immigration status or other benefit to be achieved for the client.)
___________________________
III.
--CANCELLATION
This contract may be cancelled by the client, in writing, at
				  any time.
A. If the contract is
				cancelled within 72 hours of its signing, the client is not required to pay any
				fees or expenses to the Immigration Consultant and is entitled to a refund of
				any fees or expenses previously paid.
B. If the contract is cancelled after 72
				hours of being signed, the client shall pay the full contract fee and expenses
				if the contract was substantially completed or fully performed, or the
				reasonable value of the services provided and expenses incurred, whichever is
				less.
IV. --DAMAGES,
				ATTORNEYS FEES, AND COSTS
In the event of a suit for damages arising from this contract
				  or to enforce any of its provisions the court may award reasonable attorneys
				  fees and costs of the suit to the prevailing party.
Executed this __________ day of ____________________,
				  19_____.
___________________________
___________________________
(Immigration Consultant)
(Client)
___________________________
___________________________
(Street Address)
(Client)
___________________________
___________________________
(City, State)
(Street Address)
___________________________
()
(City, State)
(Telephone Number)
()
(Telephone Number)
(BEFORE THIS CONTRACT IS VALID AND BINDING A COPY FULLY
				  EXECUTED BY ALL PARTIES MUST BE GIVEN TO THE CLIENT.)
ALLEGED VIOLATIONS OF THE LAW GOVERNING THIS CONTRACT MAY BE
				  REPORTED TO THE LOCAL DISTRICT ATTORNEY