§ 3840. Immigration Consultants Standard Contract.
16 CA ADC § 3840BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 38. Department of Consumer Affairs
Chapter 3. Immigration Consultants (Refs & Annos)
16 CCR § 3840
§ 3840. Immigration Consultants Standard Contract.
(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.”
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.
The Immigration Consultant will provide the following services: (List all services for which the client is being charged.)
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
You are paying only for the 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 Services. 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.
A. A flat fee in the total amount of $___________________for all services and expenses to be paid (state terms of payment)
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 agress 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.
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).
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 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, ATTORNEY 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 resonable 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)
(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
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).
This database is current through 12/10/21 Register 2021, No. 50
16 CCR § 3840, 16 CA ADC § 3840