(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
Notes
Cal. Code Regs.
Tit. 16, §
3840
1. New
Subchapter 3 (Section 3840) filed 1-25-85; effective upon filing pursuant to
Government Code Section
11346.2(d)
(Register 85, No. 4).
Note: Authority cited: Section
22452,
Business and Professions Code. Reference: Sections
22452,
22453
and
22454,
Business and Professions Code.
1. New Subchapter 3
(Section 3840) filed 1-25-85: effective upon filing pursuant to Government Code
Section
11346.2(d)
(Register 85, No. 4).
