Engagement Letter - Immigration

ENGAGEMENT LETTER — IMMIGRATION

Firm Letterhead

[FIRM NAME]
[FIRM ADDRESS LINE 1]
[FIRM ADDRESS LINE 2]
[CITY], [STATE] [ZIP CODE]
Telephone: [____________________]
Facsimile: [____________________]
Email: [____________________]
Website: [____________________]

Date: [__/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / EMAIL]

[CLIENT FULL LEGAL NAME]
[ALSO KNOWN AS / MAIDEN NAME (if applicable)]
[CLIENT ADDRESS LINE 1]
[CLIENT ADDRESS LINE 2]
[CITY], [STATE] [ZIP CODE]

Re: Engagement for Immigration Legal Services — [CASE TYPE / FORM NUMBER]
Our File No.: [________________________________]

[IF APPLICABLE — FOREIGN LANGUAGE VERSION NOTICE:]
Esta carta de compromiso tambien esta disponible en espanol. Si necesita una traduccion en otro idioma, por favor notifique a la firma de inmediato.
[This engagement letter is also available in Spanish. If you need a translation in another language, please notify the Firm immediately.]

Dear [CLIENT NAME]:

Thank you for selecting [LAW FIRM NAME] ("Firm," "we," or "us") to represent you in your immigration matter. This Engagement Letter, together with the attached Fee Agreement, sets forth the terms and conditions under which the Firm will provide legal services to you ("Client" or "you"). Please read this letter carefully and contact us with any questions before signing.

IMPORTANT NOTICE: The Firm is a law firm licensed to practice in the state(s) of [________________________________]. Only licensed attorneys and DOJ-accredited representatives may provide immigration legal advice. Beware of individuals who claim to be "notarios," "immigration consultants," or "document preparers" who offer to provide immigration legal advice — they are not attorneys and their actions may constitute the unauthorized practice of law and fraud. If anyone other than a licensed attorney has provided you with immigration legal advice or prepared your documents, please inform the Firm immediately.

This letter constitutes a binding agreement between you and the Firm. Please retain a copy for your records.

1. SCOPE OF REPRESENTATION

1.1 Client Identification

Client (Applicant / Petitioner / Respondent): [________________________________]
Date of Birth: [__/__/____]
Country of Citizenship: [________________________________]
Alien Registration Number (A-Number), if any: [________________________________]
USCIS Online Account Number, if any: [________________________________]
Current Immigration Status: [________________________________]

Petitioner (if different from Client):
☐ Client is the beneficiary; Petitioner is: [________________________________]
☐ Client is the petitioner on behalf of: [________________________________]
☐ Not applicable — Client is both petitioner and applicant

1.2 Matters Included

The Firm agrees to represent you in connection with the following immigration matter(s) (check all that apply):

Family-Based Immigration:
☐ I-130 Petition for Alien Relative
☐ I-485 Adjustment of Status (family-based)
☐ I-864 Affidavit of Support preparation and review
☐ Consular processing (NVC coordination and consular interview preparation)
☐ I-751 Petition to Remove Conditions on Residence (conditional permanent residence)
☐ VAWA Self-Petition (I-360)
☐ I-601 / I-601A Waiver of Grounds of Inadmissibility
☐ K-1 Fiancee Visa Petition (I-129F)

Employment-Based Immigration:
☐ PERM Labor Certification (ETA Form 9089)
☐ I-140 Immigrant Petition for Alien Workers
☐ I-485 Adjustment of Status (employment-based)
☐ H-1B Specialty Occupation Petition (I-129)
☐ L-1 Intracompany Transferee Petition (I-129)
☐ O-1 Extraordinary Ability / Achievement (I-129)
☐ E-2 Treaty Investor (consular or change of status)
☐ TN NAFTA Professional (I-129 or port of entry)
☐ EB-1 Extraordinary Ability / Outstanding Researcher / Multinational Manager
☐ EB-2 National Interest Waiver (NIW)
☐ Other work visa: [________________________________]

Humanitarian / Relief:
☐ Asylum application (I-589) — affirmative (USCIS)
☐ Asylum — defensive (Immigration Court / EOIR)
☐ Withholding of Removal
☐ Convention Against Torture (CAT) protection
☐ U Visa (I-918) — victims of crime
☐ T Visa (I-914) — victims of trafficking
☐ Temporary Protected Status (TPS) — I-821
☐ Deferred Action for Childhood Arrivals (DACA) — I-821D
☐ Special Immigrant Juvenile Status (SIJS)

Naturalization:
☐ N-400 Application for Naturalization
☐ N-600 Application for Certificate of Citizenship
☐ Naturalization interview preparation

Removal Defense (EOIR Proceedings):
☐ Representation in removal proceedings before the Immigration Judge
☐ Individual hearing (merits hearing)
☐ Bond hearing (I-286)
☐ Motions to reopen or reconsider
☐ Appeal to the Board of Immigration Appeals (BIA)
☐ Voluntary departure application

Other:
☐ I-90 Renewal of Permanent Resident Card
☐ I-131 Advance Parole / Travel Document
☐ I-765 Employment Authorization Document (EAD)
☐ I-539 Extension or Change of Nonimmigrant Status
☐ Other: [________________________________]

1.3 Phase-Based Engagement Option (Removal Proceedings)

If applicable, the Firm's representation in removal proceedings is limited to:

☐ Phase 1 — Bond and Initial Hearing Only: Representation through bond hearing and initial master calendar hearing. Continued representation through individual hearing requires a separate agreement.
☐ Phase 2 — Through Individual (Merits) Hearing: Includes Phase 1 plus preparation and representation at the individual hearing before the Immigration Judge.
☐ Phase 3 — Through BIA Appeal: Includes Phases 1 and 2 plus appeal to the Board of Immigration Appeals if needed.
☐ Comprehensive: All phases through BIA appeal. Federal court petition for review requires a separate agreement.

1.4 Matters Expressly Excluded

Unless separately agreed to in writing, the following are not included:

• Matters or petitions not specifically listed in Section 1.2
• Federal court appeals (petition for review to the Circuit Court of Appeals)
• Criminal defense matters (even if related to immigration consequences)
• Employment law matters involving workplace conditions
• Family law matters (divorce, custody) even if related to immigration status
• Tax advice or tax return preparation
• Social Security or public benefits claims
• Representation of family members or dependents not named as the Client
• Post-order motions after conclusion of the current case
• Compliance with employer I-9 requirements
• Any matter arising after the successful completion or denial of the application described above

2. FEE ARRANGEMENT

2.1 Attorney Fees

The Firm will charge for services under the following arrangement (check one):

☐ Flat Fee Per Application/Petition:

Payment schedule:

• $[________] due upon signing this Engagement Letter
• $[________] due upon [________________________________]
• $[________] due upon [________________________________]

☐ Hourly Fee:
Attorney rates: $[____]/hour for partners; $[____]/hour for associates; $[____]/hour for paralegals.
Retainer deposit: $[________]

☐ Removal Proceedings — Flat Fee Per Phase:

☐ Hybrid: Flat fee of $[________] for [SPECIFIC SCOPE] plus hourly billing at $[____]/hour for additional services.

2.2 Government Filing Fees (Paid Separately)

Government filing fees are not included in the attorney fee and must be paid separately. Current USCIS filing fees are published on the USCIS Fee Schedule (Form G-1055) and can be calculated at https://www.uscis.gov/feecalculator. Fees are subject to change. Current fees include:

NOTE: USCIS filing fees changed effective April 1, 2024, pursuant to 8 CFR Part 106. The Firm will confirm the current fee amount before filing.

2.3 Other Costs and Expenses

You are responsible for additional costs, which may include:

☐ Document translation fees (certified translations required for all non-English documents)
☐ Immigration medical examination fees (Form I-693, conducted by USCIS-designated civil surgeons)
☐ Passport photographs
☐ Notarization fees
☐ Document authentication / apostille fees
☐ Certified copy fees (birth certificates, marriage certificates, court records)
☐ Postage, courier, and overnight delivery charges
☐ Expert witness or affidavit preparation fees
☐ Country conditions research and documentation
☐ Travel expenses (for hearings, interviews, or USCIS field office visits)
☐ Interpreter fees (for hearings or interviews)

2.4 Fee Refund Policy

☐ If the case is denied by USCIS or the Immigration Court, no refund of attorney fees is owed. Government filing fees are non-refundable.
☐ If you terminate the engagement before the Firm has filed the application, the Firm will refund the unearned portion of the flat fee after deducting for work completed at an hourly rate of $[____]/hour.
☐ If the Firm withdraws from representation, the unearned portion of any flat fee will be refunded.

3. CLIENT RESPONSIBILITIES

3.1 Truthfulness and Full Disclosure

THIS IS YOUR MOST CRITICAL OBLIGATION. You must:

☐ Provide complete, truthful, and accurate information at all times — to the Firm, to USCIS, to the Immigration Court, and to any U.S. government agency
☐ Never make false statements on any immigration form, application, or during any interview or hearing
☐ Disclose all prior immigration history, including prior entries to the U.S., prior visas, prior denials, prior deportation or removal orders, and any periods of unlawful presence
☐ Disclose all criminal history, including arrests (even without conviction), charges, convictions, plea agreements, deferred adjudications, and expungements
☐ Disclose all prior marriages and divorces
☐ Understand that immigration fraud is a federal crime and a permanent ground of inadmissibility under INA § 212(a)(6)(C)

3.2 Documents and Information to Provide

You must promptly provide the following (as applicable):

☐ Valid passport (unexpired, or expired for certain filings)
☐ All prior immigration documents (visas, I-94 records, EADs, prior petitions/approvals)
☐ Birth certificate (with certified English translation)
☐ Marriage certificate (with certified English translation)
☐ Divorce decree(s) / death certificate of prior spouse(s) (with certified English translations)
☐ Criminal court dispositions and police clearances (if applicable)
☐ Photographs meeting USCIS specifications (2x2 inches, current)
☐ Tax returns for the prior [____] years (for affidavit of support / financial evidence)
☐ Employment verification letters
☐ Pay stubs for the prior [____] months
☐ Academic credentials, degrees, and transcripts (with certified English translations)
☐ Evidence supporting the petition (varies by case type — detailed list to follow)
☐ Proof of relationship (family-based cases)
☐ Country conditions documentation (asylum / relief cases)

3.3 Ongoing Client Obligations

☐ Respond to Firm communications within [____] business days
☐ Attend all USCIS interviews, Immigration Court hearings, and biometrics appointments
☐ Notify the Firm immediately of any of the following:

• Change of address (you must also file Form AR-11 with USCIS within 10 days of any address change per INA § 265 / 8 U.S.C. § 1305)
• Any arrest, citation, or criminal charge
• Any contact with immigration authorities (ICE, CBP, USCIS)
• Any planned travel outside the United States
• Any change in employment, marital status, or household composition
• Receipt of any notice or correspondence from USCIS, EOIR, or any government agency
  ☐ Do not leave the United States without prior Firm authorization (departure may result in abandonment of your application or trigger bars to re-entry)
  ☐ Maintain valid immigration status during the pendency of your case (if applicable)

4. RISKS AND DISCLOSURES SPECIFIC TO IMMIGRATION MATTERS

4.1 No Guarantee of Approval

The Firm cannot guarantee that USCIS, the Immigration Court, or any government agency will approve your application, petition, or request for relief. Immigration decisions are made by government agencies and immigration judges in their discretion or under applicable legal standards. The Firm will provide competent legal representation, but the outcome depends on the facts, the law, and agency adjudication.

4.2 Processing Times and Delays

Government processing times are outside the Firm's control. USCIS and EOIR processing times can be lengthy and unpredictable. Current processing times can be checked at https://egov.uscis.gov/processing-times/. The Firm will monitor your case and take appropriate action (e.g., filing expedite requests or inquiries) where warranted, but cannot guarantee any specific timeline.

4.3 Risk of Denial and Consequences

If your application is denied, consequences may include:

• Loss of filing fees (government filing fees are non-refundable)
• Placement in removal (deportation) proceedings
• Accrual of unlawful presence (which may trigger 3-year or 10-year bars to re-admission under INA § 212(a)(9)(B))
• Bars to future immigration benefits
• Referral to ICE for enforcement action

The Firm will advise you of specific risks applicable to your case.

4.4 Changes in Law and Policy

Immigration law and policy are subject to frequent changes through legislation, executive action, agency policy memoranda, and court decisions. The Firm will advise you of significant changes affecting your case, but cannot predict future legal developments.

4.5 Deportation / Removal Risk

If you are currently without lawful immigration status, you face the risk of removal (deportation) from the United States. Filing certain applications may bring you to the attention of immigration authorities. The Firm will carefully evaluate these risks before filing and advise you accordingly.

4.6 Criminal Matters and Immigration Consequences

If you are arrested or charged with a crime at any time during the pendency of your immigration case, you must notify the Firm immediately. Criminal convictions — even minor offenses, including misdemeanors and deferred adjudications — can have devastating immigration consequences, including inadmissibility, deportability, and bars to relief. The Firm does not represent you in criminal matters. You should retain a criminal defense attorney who is knowledgeable about immigration consequences (per Padilla v. Kentucky, 559 U.S. 356 (2010)).

4.7 Fraud Warning — Notario Fraud

WARNING: Only licensed attorneys and DOJ-accredited representatives may provide immigration legal advice. Be wary of individuals who:

• Call themselves "notario publico" or "notario" (in the United States, a notary public is NOT an attorney)
• Promise guaranteed results or approval
• Claim special connections with USCIS or immigration judges
• Ask you to sign blank forms
• Charge excessive fees for document preparation alone

If you have been a victim of immigration services fraud, you may report it to the FTC (https://reportfraud.ftc.gov/) or your state attorney general's office.

5. COMMUNICATION POLICY

5.1 Primary Communication Method

☐ Email: [________________________________]
☐ Telephone: [________________________________]
☐ Client portal: [________________________________]
☐ WhatsApp / Secure messaging: [________________________________]
☐ U.S. Mail

5.2 Language of Communication

☐ English
☐ Spanish
☐ Other: [________________________________]

If the Firm communicates in a language other than English, you understand that the legal documents filed with USCIS or the Immigration Court will be in English, and that certified translations will be provided for non-English documents.

5.3 Response Times

The Firm will respond to communications within [____] business days. Urgent matters (upcoming hearings, arrests, ICE encounters) should be communicated immediately by telephone.

5.4 Government Correspondence

All correspondence from USCIS, EOIR, ICE, CBP, or any government agency related to your immigration case should be forwarded to the Firm immediately. The Firm will file Form G-28 (Notice of Entry of Appearance) to receive copies of government correspondence, but some notices may still be sent directly to you.

6. CONFLICTS OF INTEREST

6.1 Conflict Check

☐ No conflicts identified
☐ Potential conflict(s) disclosed and waived: [________________________________]

6.2 Family-Based Immigration Conflicts

In family-based immigration matters, the Firm may represent both the petitioner and the beneficiary. If a conflict of interest arises (e.g., the relationship between petitioner and beneficiary deteriorates), the Firm may be required to withdraw from representing one or both parties.

☐ The Firm represents only the Client named above
☐ The Firm represents both petitioner [________________________________] and beneficiary [________________________________]. Both parties consent.

6.3 Employer-Employee Immigration

In employment-based immigration, the Firm may represent the employer (petitioner) and the employee (beneficiary). The Firm's primary obligation is to: ☐ the employer ☐ the employee ☐ both (with informed consent). If a conflict arises (e.g., the employment relationship terminates), the Firm will advise both parties and may need to withdraw.

7. TERMINATION OF REPRESENTATION

7.1 Client's Right to Terminate

You may terminate this engagement at any time by providing written notice. Accrued fees and costs are due immediately. In removal proceedings, termination may require the filing of a motion to withdraw appearance with the Immigration Court.

7.2 Firm's Right to Withdraw

The Firm may withdraw as permitted by the Rules of Professional Conduct and applicable EOIR/USCIS rules. In Immigration Court proceedings, the Firm must file a motion to withdraw and obtain the Immigration Judge's permission.

7.3 Effect on Pending Cases

If you terminate the Firm while a case is pending before USCIS or the Immigration Court:

• USCIS: Deadlines continue to run; you must respond to any Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) even without counsel
• EOIR: Hearing dates are not postponed by change of counsel; you must appear at all hearings
• The Firm will return your file and original documents promptly

8. FILE RETENTION AND DESTRUCTION

The Firm will retain your file for [____] years after the conclusion of the matter. After that period, the file may be destroyed. You should retain copies of all immigration documents, approvals, and filings indefinitely, as they may be needed for future immigration matters.

9. DISPUTE RESOLUTION REGARDING FEES

☐ State bar fee arbitration program
☐ Mediation followed by arbitration
☐ Other: [________________________________]

10. NO GUARANTEE OF OUTCOME

THE FIRM MAKES NO PROMISES OR GUARANTEES REGARDING THE OUTCOME OF YOUR IMMIGRATION CASE. NO ATTORNEY CAN GUARANTEE USCIS APPROVAL, A FAVORABLE DECISION BY AN IMMIGRATION JUDGE, OR ANY PARTICULAR IMMIGRATION BENEFIT. Any expressions of opinion regarding potential outcomes are based on the Firm's professional judgment and experience and are not guarantees.

11. MULTI-STATE JURISDICTION NOTES

11.1 California

• Written fee agreements required for matters exceeding $1,000 (Cal. Bus. & Prof. Code § 6148).
• Cal. Bus. & Prof. Code § 6147 requires written contingency fee agreements.
• California has strong consumer protection laws against notario fraud and immigration services fraud (Cal. Bus. & Prof. Code §§ 22440–22449).
• Cal. Bus. & Prof. Code § 6126.5 makes it a crime for a non-attorney to literally translate "notario publico" or equivalent terms in advertising.
• Written contracts for immigration services must be in a language understood by the client.

11.2 New York

• 22 NYCRR Part 1215 requires written engagement letters for matters exceeding $3,000.
• New York has enacted strong anti-notario fraud legislation (N.Y. Gen. Bus. Law § 460-c).
• New York Judiciary Law § 478 prohibits unauthorized practice of law, including by immigration consultants.
• New York City has additional consumer protection regulations for immigration services.

11.3 Texas

• Texas Disciplinary Rules of Professional Conduct, Rule 1.04.
• Texas Government Code Chapter 83 regulates immigration consultants and prohibits unauthorized practice.
• Texas Penal Code § 83.002 makes it a crime for a non-attorney to represent that they can provide immigration legal services.
• Written contracts for immigration consulting services must be in English and in the client's primary language.

11.4 Florida

• Florida Bar Rule 4-1.5 governs fee agreements.
• Florida Statutes § 448.29 regulates immigration consultants.
• Florida prohibits immigration consultants from providing legal advice or representing that they can do so.
• Florida Bar rules require attorneys to supervise any non-attorney staff involved in immigration case preparation.

12. ACKNOWLEDGMENT AND ACCEPTANCE

By signing below, you acknowledge that:

☐ You have read and understand this Engagement Letter and the attached Fee Agreement
☐ You have had the opportunity to ask questions in a language you understand
☐ You understand the scope of representation, including what is and is not covered
☐ You understand the fee arrangement, including government filing fees and other costs
☐ You understand your obligation to provide truthful and complete information
☐ You understand that the Firm cannot guarantee any outcome
☐ You understand the risks described in Section 4, including the risk of denial, removal, and immigration consequences
☐ You understand the notario fraud warning and confirm that the Firm is a licensed law firm
☐ You have received a copy of this Engagement Letter and all attachments

Signature Block

AGREED AND ACCEPTED:


CLIENT:

____________________________________________
[CLIENT FULL LEGAL NAME] (Printed)

____________________________________________    Date: [__/__/____]
[CLIENT SIGNATURE]


PETITIONER / SPONSOR (if different from Client):

____________________________________________
[PETITIONER FULL LEGAL NAME] (Printed)

____________________________________________    Date: [__/__/____]
[PETITIONER SIGNATURE]


ATTORNEY:

____________________________________________
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[STATE BAR NUMBER(S): ________________________________]

____________________________________________    Date: [__/__/____]
[ATTORNEY SIGNATURE]

13. ATTACHMENTS CHECKLIST

☐ Fee Agreement (flat fee schedule, hourly terms, or payment plan)
☐ State-Required Fee Disclosures (CA: Bus. & Prof. Code § 6148; NY: 22 NYCRR 1215; FL: Bar Rule 4-1.5)
☐ USCIS Form G-28 (Notice of Entry of Appearance) — for client signature
☐ EOIR Form EOIR-28 (Entry of Appearance — Immigration Court) (if applicable)
☐ Conflict of Interest Waiver (if applicable)
☐ Document Checklist (case-type specific)
☐ USCIS Fee Schedule (Form G-1055) or Fee Calculator printout
☐ Authorization for Release of Information
☐ Notario Fraud Warning Notice
☐ Privacy Policy / Electronic Communication Consent Form
☐ Foreign Language Translation of Engagement Letter (if applicable)
☐ Fee Arbitration Notice (as required by applicable state bar rules)

SOURCES AND REFERENCES

• ABA Model Rules of Professional Conduct: https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/
• Immigration and Nationality Act (INA): https://www.law.cornell.edu/uscode/text/8/chapter-12
• 8 CFR Part 103 (USCIS Procedures): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-103
• 8 CFR Part 106 (USCIS Fee Schedule): https://www.ecfr.gov/current/title-8/chapter-I/subchapter-B/part-106
• USCIS Fee Schedule (Form G-1055): https://www.uscis.gov/g-1055
• USCIS Fee Calculator: https://www.uscis.gov/feecalculator
• USCIS Processing Times: https://egov.uscis.gov/processing-times/
• EOIR Practice Manual: https://www.justice.gov/eoir/reference-materials/ic
• DOJ Recognition and Accreditation: https://www.justice.gov/eoir/reference-materials/ic/chapter-2/4
• Padilla v. Kentucky, 559 U.S. 356 (2010) (criminal defense counsel must advise on immigration consequences)
• California Anti-Notario Fraud, Bus. & Prof. Code § 6126.5: https://leginfo.legislature.ca.gov
• FTC Report Fraud: https://reportfraud.ftc.gov/