移民法律意见及服务律师委托协议模版中英文版

1、Date/日期: Name/姓名: Address/办公地址: Via Email/通过电邮: RE/主题: Engagement Agreement Immigrant Investor Petition/雇用协议 - 投资移民申请 Regional Center Project $500,000/区域中心项目 - $500,000 Dear Mr./Ms. :尊敬的先生/女士:Thank you for selecting Zzzz to provide immigration-related legal advice and services with respect to filing

2、 for permanent residence to you and your dependent family members (collectively, “Client” or “you”) with U.S. Citizenship and Immigration Services (“USCIS”) and the U.S. Department of State (“DOS”). This Engagement Agreement (“Agreement”) outlines the scope and terms of our engagement as well as our

3、 fees and billing practices. After reading this Agreement, please let us know if you have any questions.谢谢您选择Zzzz律师事务所（简称“ZZZZ,”“本公司,” 或 “我们”）为您和您的家属（统称“客户”或“您”）提供移民的法律建议或意见及服务关于向美国公民和移民事务局（“USCIS”）和美国国务院（“DOS”）申请永久居留。此聘用协议（“协议”）概述了我们协议的范围和条件，以及我们的收费和收费的方法。阅读本协议后，如您有任何问题请让我们知道。We are providing this

4、written description of the scope of our representation and fee structure so that you may formally engage ZZZZ based upon the terms described herein. Please confirm your agreement to these terms by signing in the space provided at the end of this Agreement, which is to be interpreted under the laws o

5、f the State of California.我们提供此说明关于我们的代理范围和收费结构，使您能根据所描述的条款正式聘请ZZZZ。请在此协议的结尾确认您同意这些条款。此协议将根据美国加州法律来说明。FILING OF FORM I-526 (STAGE ONE)/I-526表格申请（阶段一） LEGAL FEE/律师费.$10,000.00Legal advice, analysis of documentation provided by Client, and further research as to Clients eligibility for permanent resid

6、ence, including the preparation, filing and further inquiries related to the submission of Form I-526, Petition by Alien Entrepreneur, to USCIS to request classification as an Immigrant Investor on behalf of Client法律咨询,分析客户资料文件及审查客户永久居留的资格/资质，包括代客户向USCIS申请投资移民的I-526表格的资料文件资料筹备，申请提交以及深入的咨询服务的。审查.- LE

7、GAL FEE/律师费.$1,500.00*CONSULAR FILING FEES/领事递交申请费:- LEGAL FEE/律师费.$1,500.00*Preparation and filing of subsequent permanent immigrant visa application, known as Adjustment of Status (“AOS”) application, on Clients behalf upon approval of the I-526 petition, including Form I-485, Application to Regis

8、ter Permanent Residence or Adjust Status; Form G-28, attorney representation authorization; Form G-325A, Biographic Information; Form I-765, Application for Employment Authorization; and Form I-131, Application for Travel Document, to be used only if qualified for travel Note: always check with ZZZZ

9、 prior to traveling REMOVAL OF CONDITIONS (STAGE THREE)/去除绿卡的限制性条件（三）LEGAL FEE/律师费.$3,500.00Legal advice, analysis of documentation provided to ZZZZ by Client and investment enterprise, and further research as to Clients eligibility for removal of conditions on permanent residence, including the pre

10、paration, filing and further inquiries related to the submission of Form I-829, Petition by Entrepreneur to Remove Conditions, to USCIS (to include qualifying family members applying concurrently) required to be filed by law subsequent to the grant of conditional permanent residence法律咨询,分析客户资料文件及及客户

11、()$85.00 If Client is unable to prepare these additional checks, please include the Filing Fees with the payment of the Legal Fees when paying ZZZZ.支付USCIS和 DOS的申请费的支票 “U.S. Department of Homeland Security” 或 “U.S. Department of State,” 然后把支票交给我们。The Legal Fees indicated above are for the specific r

12、epresentation set forth and do not include any ZZZZ appearances at a USCIS office or at the U.S. Embassy or Consulate, ancillary applications, appeals or motions to reopen, or requests for waivers. These services may be requested by Client or recommended by ZZZZ. Audits and special projects are typi

13、cally billed according to the hourly rate of $595.00 (Managing Partner), $495.00 (Partner), $395 (Associate Attorney), $250.00 (Paralegal), and $125 (Legal Assistant). We will prepare an estimate for approval prior to the commencement of any such services.审计和特殊项目的收费标准将会通过我们的每小时收费计费: $595（主理合伙人），$495

14、（合伙人），$395（律师），$250（法律助理），以及$125（律师助理）。我们将会在任何此类服务开始之前筹备一份预估给您。The legal fee above includes the preparation and filing of one (1) response to a USCIS Request for Evidence (RFE). Additional RFE responses will be billed according to the issues raised, which typically range from $250 to $1500. ZZZZ wil

15、l provide an estimate of such fees prior to commencement. 上述律师费包括筹备和提交一（1）个应对移民局的补充材料（RFE）的筹备以及递交工作。额外的RFE回复的收费将会根据情况来定，通常在$250到$1500的范围内。ZZZZ将会提前筹备相关的预估给您。PAYMENT PROVISION/付款条款Payment of the appropriate Legal Fees for each stage shall be made by Client or Clients agent (“Agent”) prior to commencem

16、ent of that stage. ZZZZ shall have no obligation prior to receipt of this duly signed Agreement and payment. The payment will be paid on behalf of Client to ZZZZ by wire transfer to an account in the U.S. to be nominated by ZZZZ. 客户或客户的代理人（“代理人”）将在每一个阶段开始之前支付相应的律师费。在收到此正式签署好的协议和之前，ZZZZ将不会有任何义务。客户将以电

17、汇支付该费用到由ZZZZ选择的美国帐户。客户同意律师收取的费用是以将适用于上述事宜所需花的时间、努力和技巧来计算，并不受结果影响。退还条款Prior to filing Form I-526, after all reasonable and available remedies have been exhausted and Clients source of funds is not feasible or if Client decides to withdraw, ZZZZ agrees to refund to Client the paid legal fee, excluding

18、 $2,000 for review time. 345，但客户的资金来源情况是不可行的或客户决定放弃申请，ZZZZ同意退还律师费给客户，但不包括$2,000审阅资料文件费。 ZZZZ agrees to refund to Client 100% of the paid legal fee, excluding any paid miscellaneous costs and filing fees, if Clients petition on Form I-526 is denied after all reasonable remedies have been exhausted an

19、d the petition is still not approved, and ZZZZ determines that it will not be beneficial to further pursue the case. If the denial was due to ZZZZs fault, 100% of the paid legal fee, excluding any paid miscellaneous costs and filing fees, will be refunded. 当所有合理及有效的补救措施已经用尽，但客户的 I-526申请给移民局拒绝，ZZZZ同意

20、退还客户百分之百已付的律师费，但不包括任何已付的其他费用及已提交给移民局的申请费。如移民局拒绝是由于ZZZZ的错，ZZZZ同意退还客户百分之百已付的律师费，但不包括任何有偿其他费用和申请费。 No refund of fees paid will be made if Clients I-526 petition is denied due to: 1) an omission or misrepresentation of the facts pertinent to the denial of the case, 2) failure to deliver documents reques

21、ted up to and including the filing of any RFE received in the case, or 3) other issues including but not limited to medical conditions, criminal records or immigration status violations relative to Client not previously advised to ZZZZ in writing and false documentation. 如客户的 I-526 申请给移民局拒绝是因为以下的情况，

22、ZZZZ 不会退还费用：1）移民局拒绝是由于客户遗漏事实或作出失实陈述或资料文件资料，2）客户在任何阶段拒绝提供资料文件，包括证据请求（RFE）的阶段，或3）其他问题包括但不限于 - 客户之前没有以书面向 ZZZZ 报告医疗情况，犯罪记录或违反移民身份，和虚假证明资料文件。 The Legal Fee/s expressed above, do not include filing fees, education or experience evaluations, translation costs, courier services and overnight mailing, or an

23、y other third party services required to process the work, if such charges were incurred after authorization Client. 以上所讲的律师费不包括申请费，教育或经验评估，翻译费，快递服务和隔夜邮件，或任何其他需要处理此工作的第三方服务，这些收费将在客户授权服务后生效。SCOPE OF LEGAL REPRESENTATION/法律代理范围The investment enterprise is to be considered by Client or entered into by

24、Client. Such investment, including the potential to lose all or some of the money invested, is solely at Clients risk.企业投资项目要由客户自行考虑或签订。客户需完全承担该投资项目所有風險，包括有可能损失部份或全部投资金钱。To the extent permitted under applicable ethics rules, Client specifically waives any and all rights to claim from or to sue ZZZZ,

25、 its partners, associate attorneys, and staff for any losses (either direct or indirect) resulting from Clients investment in a regional center and/or in any commercial project/enterprise. Client agrees to defend, indemnify and hold harmless ZZZZ, its partners, associate attorneys, and all staff fro

26、m any and all losses, expenses, damages, or costs, including reasonable attorneys fees, in the event that one or more is a party to any litigation arising from Clients investment in a commercial enterprise. Client is advised that ZZZZ, its partners, associate attorneys and staff specifically limit t

27、he scope of our legal representation of Client to the provision of immigration law advice as it relates to Clients eligibility for classification as an alien entrepreneur based on the information and documentation presented to ZZZZ solely upon Clients finalization of a qualifying investment by Clien

28、t. 在适用的道德守则允许范围内，客户明确放弃所有因区域中心及/或商业企业投资失败引致的直接或间接损失而状告ZZZZ及其合伙人、律师及其他工作人员或要求索赔的权利。客户同意维护、补偿和避免ZZZZ及其合伙人、律师和所有职工或员工因客户区域中心或商业企业投资引起的诉讼而遭致损失、费用、伤害和成本，包括合理的律师费。客户须知ZZZZ及其合伙人，律师和其他职工或员工的法律代理范围仅限于在客户履行合格投资后根据客户提供的资料文件资料和资料文件为客户提供关于投资移民资格/资质的咨询建议。我们强烈建议和鼓励客户聘请独立的法律咨询顾问以为其将来可能或已做出的，或将来考虑在商业企业或区域中心投资尋求協助和建议

29、。同时我们建议客户聘请独立的法律咨询顾问以协助其了解合法取得美国绿卡而应履行的美国联邦、州或当地税法规定的纳税义务及可能的外国纳税义务及其他义务。ZZZZ的服务仅限于本协议商定的移民和国籍法方面的事务，将不会就客户考虑中的或已进行的商业投资的合法性、可行和潜在的收益提供任何建议和代理服务。In representing you, we rely upon the accuracy and completeness of information that you provide us. Client understands that ZZZZ is only capable of prepari

30、ng and representing Client based on information and documentation that Client is to provide the Firm. Accordingly, you hereby agree to: provide all information that is or may be relevant to the Services you request; keep us apprised of all pertinent developments; provide us with pertinent changes to

31、 your contact information and otherwise cooperate in our provision of Services. We, in turn, agree to keep you or Agent informed of significant developments in connection with the immigration matters in which we represent you, and to respond promptly to you and Agents inquiries.作为您的代表，我们是依靠您提供给我们资料文

32、件资料的准确性和完整性。客户明白ZZZZ只能够依靠客户提供给本公司的资料文件资料和资料文件去筹备并作为代表。因此，您在此同意：提供所有关于或可能关于您所请求服务的资料文件资料; 让我们获知所有相关的发展; 提供给我们任何与您联系更改了的资料文件资料，并在我们提供的服务上合作。反过来，我们同意经常让您或代理人知道关于我们代表您的移民事宜上显著的发展，并及时向您和代理人的查询作出回应。Nothing in this Agreement, and nothing in our statements or other materials provided to you, is to be constr

33、ued as a promise or guarantee as to the timing of the processing, the outcome or the result of any immigration matter. 在本协议中和我们提供给您的声明或其他资料文件资料中，没有可被说明为一个关于处理时间上、最终结果上或任何移民事情的结果上的承诺或保证。 This Agreement is intended to comply with applicable U.S. laws, as well as other countries requirements that may a

34、pply to our delivery of Services internationally. While ZZZZ will remain responsible for providing the Services, we may collaborate with other local advisors as we determine appropriate to meet your requirements. The applicable law in some jurisdictions may require a separate formal engagement docum

35、ent with the advisor consistent with their status as a law firm or authorized immigration specialist firm providing Services. We will coordinate any such documentation with Agent as and when it becomes necessary. 此协议旨在遵守适用的美国法律，以及可能适用于我们所进行跨国服务的其他国家的规例。虽然ZZZZ仍将负责提供服务，我们可能确定在适当时会与其他本地的法律咨询顾问合作以達到您的要求

36、。在某些司法管辖区的适用法律下，有可能需要与他们订立另一份单独正式的聘用资料文件，以符合作为一家律师事务所或授权的移民专业公司提供服务的要求。在有需要时，我们将与代理人沟通协调所有这些资料文件。CLIENTS DUTIES/客户的职责、Client agrees to keep ZZZZ informed of any relevant information or development which may come to Clients attention relating to the herein described representation, to assist ZZZZ in

37、providing accurate and correct information and documentation necessary for the representation in the described matter, and to review and thereby attest to the accuracy of documentation submitted to government agencies in connection with this representation.Client agrees to return this Agreement with

38、 the following in a single package or email prior to commencement of the case: 在案例开始之前，客户同意以在一个封装中或电邮将本协议連同下列资料文件交回：Payment by check or proof of wire transfer of the appropriate Legal Fee and Filing Fees due prior to commencement of STAGE ONE付上支票或电汇证明于开始阶段一的工作前所需缴付的关于的律师费和申请费A completed copy of ZZZZ

39、s EB-5 Investor Questionnaire已填妥的ZZZZ的EB-5投资者问卷Copies of the subscription agreement, duly signed by Client and the project principal由客户与项目负责人正式签署的协议书的副本All or as many as possible of the documents to prepare the source of funds legality and path report for filing with Form I-526全部或尽可能多关于资金来源合法性和路径报告的

40、资料文件以筹备填報I-526表格All documents not in English will be accompanied by a full and complete translation into English所有不是英文的资料文件需付有全面和完整的英文译本CONFLICT OF INTEREST/权益冲突In light of the scope of our practice, it is not unusual for ZZZZ to represent multiple clients in the same industry, both corporate and in

41、dividual. This section describes how we will treat these areas of potential or actual conflicts.It is possible that the goals and interests of the individual family members of Client, which are currently consistent, may diverge in the future. In the event that a conflict of interest were to arise am

42、ongst individual family members of Client and appropriate waivers cannot be obtained or the conflict is otherwise non-waivable under the applicable Rules of Professional Conduct, ZZZZ may be required to withdraw from its representation of all family members. Further, Client agrees that ZZZZ may, now

43、 or in the future, represent other entities or persons in immigration matters, and that Client hereby waives any claim (other than a direct conflict of interest) that such representation should result in ZZZZs disqualification as counsel. In any circumstance where we recognize there to be a direct c

44、onflict of interest among corporate and partnership entities or individuals, it is our policy to obtain appropriate waivers. Without limiting which clients ZZZZ may have or in the future may represent, the following are specific examples: regional centers including related corporations, limited liab

45、ility corporations, general and limited partnerships, commercial enterprises, individual investors and projects under the umbrella of a regional center.The reasonably foreseeable adverse consequences of representing multiple clients include but is not limited to: the possibility of the clients litig

46、ating, arbitrating, mediating or otherwise dealing with disputes that may arise between them; the immigration benefits contemplated by Client and/or Clients family members do not materialize; providing confidential information to ZZZZ, which may be adverse to the interests of one or more of the part

47、ies and by law, even without authorization, must be disclosed by ZZZZ to the other/s of them; disputes or claims by or against Client by a regional center and/or the Limited Partnership/s, and/or the commercial enterprise/s or project/s under the umbrella of the regional center where any one or more

48、 of them fail to carry out their legal or contractual obligations; the limited partnership/s, commercial enterprise/s or project/s enterprise/s fail and Client loses all or some of Clients investment capital; or any of the above entities makes a claim against or has a dispute with Client or Client h

49、as with any of the above entities.In any event, we would not take an adverse position in any litigation or transaction with respect to you. Client acknowledges the possibility of a conflict of interest arising in the future and hereby gives informed written consent to ZZZZ to represent Client and on

50、e or more of the above entities. By signing this Agreement, the signatory agrees to the Firms representation of Client subject to the foregoing and confirms that each relevant dependent family member has been informed of the Firms conflict of interest policy as described above.ZZZZ may continue to r

51、epresent Client and/or any of the above referenced entities and individuals with respect to all immigration matters unrelated to the conflict issue, including continuing to represent other individuals who invest under the umbrella of the regional center. Such representation shall not be adverse to a

52、 party or parties no longer represented.Client hereby specially acknowledges that before signing this waiver and consent Client has had the opportunity to be advised by Clients own independent counsel and that Client is signing this waiver and consent freely and not under duress.客户特此承认，在签署这项豁免并同意之前，

53、客户已有机会咨询客户自己独立的法律咨询顾问和客户自愿地而不是在胁迫下签署此豁免及同意。TAX CONSEQUENCES OF ACQUIRING AN IMMIGRATION BENEFIT/移民福利和纳税义务Client hereby confirms that Client has been informed that there are tax and estate planning consequences attendant to any immigration benefit, whether nonimmigrant (temporary) or immigrant (perma

54、nent) in nature, that a foreign national may obtain with respect to admission to the United States. Accordingly, Client is advised to seek advice from tax specialists and legal counsel who should assist in the preparation of Clients tax and estate plan prior to Client completing the immigration proc

55、ess.客户在此确认被告知入境美国境内无论短期或永久居留，其取得相关移民福利的同时应承担向相应的纳税和遗产规划义务。相应地，我们建议客户于履行移民手续前咨询税务专家和律师以协助其筹备税务申报和遗产规划工作。DISCLOSURE OF INFORMATION AND DOCUMENTS TO THIRD PARTIES/披露资料文件资料及资料文件予第三方Notwithstanding attorney-client confidentiality and privilege between Client and ZZZZ, Client hereby consents to, agrees an

56、d authorizes ZZZZ to share information and to provide copies of all documents relating to this engagement agreement to one or more of the following: 尽管客户和ZZZZ间拥有律师-客户的保密和特权，客户特此允许、同意并授权ZZZZ将资料文件资料分发和将所有与本聘用协议关于的资料文件提供给下列一个或多个單位：Agent assisting Client with the investment and with the immigration case

57、 filing information and document requirements协助客户在投资上和在處理移民案件要求的資料和资料文件上的代理人The authorized representatives of the USCIS, DOS and other U.S. government agenciesUSCIS，DOS和其他美国政府机构的授权代表The applicable regional center, if any, and its legal counsel适用的区域中心，如有的话，与其法律咨询顾问The limited partnership or other leg

58、al entity where the investment is made, the commercial enterprise, the project enterprise and their limited partner/s, shareholder/s, director/s, managing member/s, manager/s and the respective legal counsel for any of the above entities and individuals与投资关于的有限合伙伴或其他法律实体，商业企业，该项目的企业和他们的有限合伙人、股东、董事、管

59、理人员、经理和任何与上述实体和个人各自关于的法律咨询顾问Client agrees that ZZZZ may take instructions from Agent on all matters related to the above legal representation. Agent may provide ZZZZ with Clients information and documents necessary to complete the legal work covered by this agreement. 客户同意ZZZZ可采取代理人就涉及上述法律代表的所有事宜上的指

60、示。代理人可提供ZZZZ必要的客户资料文件资料和资料文件来履行属于本协议的法律工作。Client may withdraw this authorization at any time by giving written notice to ZZZZ. 客户可以在任何时间，以书面通知 ZZZZ，撤回本授权。TRUST ACCOUNT/信托帐户Client agrees that any amounts paid to ZZZZ in respect of the fees referred to above may at ZZZZs discretion be placed in ZZZZs