Ethical Issues in an Employment-Based Immigration … - 01 - Spring...spouse. Before filing the case, the Employee tells you that he just had a Domestic Violence criminal incident

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Ethical Issues in an Employment-Based Immigration Practice

Felicia L. Gittleman, Cowan Miller & Lederman and

Ester Greenfield, MacDonald Hoague & Bayless

Dual Representation

RPC 1.7

CONFLICT OF INTEREST: CURRENT CLIENTS (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. (b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing (following authorization from the other client to make any required disclosures). [Originally effective September 1, 1985; amended effective September 1, 1995; September 1, 2006.] Hypotheticals re Dual Representation Hypothetical 1: Attorney is working with Employer and Employee to prepare and file a PERM labor certification application on Employee’s behalf. Before the PERM case is approved, Employer advises the Attorney that Employee just married a U.S. citizen and Employer would like to pay for the Attorney to prepare and file a marriage-based green card case. The Employee and her new spouse come to the Attorney’s office to review and sign the I-130/I-485 forms and

2018 NW Regional Immigration Law ConferenceBusiness Track, Session 11

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the Employee inquires how long it will take to get an EAD because she wants to change jobs and work for a new employer as soon as possible. Hypothetical 2: Attorney is working with Employer and Employee to prepare and file an H-1B extension on behalf of the Employee and an H-4 extension on behalf of the Employee’s spouse. Before filing the case, the Employee tells you that he just had a Domestic Violence criminal incident involving the spouse. Hypothetical 3:

You represent Smith Co and Employee Jim Jones in a PERM for a sales engineer job. Jim is in TN status. All of Smith’s other sales engineers are paid on a commission basis. You advise them that PERM requires a guaranteed salary, and Smith Co agrees to pay the prevailing wage.

• Jim Jones calls you to complain that all other employees are earning much higher

wages based on their commissions.

• Smith Co’s CEO calls you to complain that Jim Jones is knocking off early every day and the CEO believes that Jim Jones will leave as soon as he gets his green card.

Hypothetical 4:

You represent Jones Company and beneficiary Karen Kumar (born in India), in a PERM. Karen has a Master’s degree in Engineering. Jones Company says the job requires a bachelor’s degree and no experience; Karen thinks the job requires a Master’s degree and six months experience in ten specific technologies (which she gained before Jones Company).

Confidentiality

RPC 1.6

CONFIDENTIALITY OF INFORMATION (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (b) A lawyer to the extent the lawyer reasonably believes necessary:

(1) shall reveal information relating to the representation of a client to prevent reasonably certain death or substantial bodily harm; (2) may reveal information relating to the representation of a client to prevent the client from committing a crime;


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(3) may reveal information relating to the representation of a client to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's commission of a crime or fraud in furtherance of which the client has used the lawyer's services; (4) may reveal information relating to the representation of a client to secure legal advice about the lawyer's compliance with these Rules; (5) may reveal information relating to the representation of a client to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client; (6) may reveal information relating to the representation of a client to comply with a court order; or (7) may reveal information relating to the representation to detect and resolve conflicts of interest arising from the lawyer's change of employment or from changes in the composition or ownership of a firm, but only if the revealed information would not compromise the attorney-client privilege or otherwise prejudice the client; (8) may reveal information relating to the representation of a client to inform a tribunal about any client's breach of fiduciary responsibility when the client is serving as a court appointed fiduciary such as a guardian, personal representative, or receiver. (c) A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. [Originally effective September 1, 1985; amended effective September 1, 1990; September 1, 2006; September 1, 2016.]

Hypotheticals regarding Confidentiality Hypothetical 5: Attorney assists Employer with preparing and filing a PERM labor certification. Before the PERM case is filed, the HR Representative tells the Attorney that the Employer is planning a large layoff, which will occur immediately after the PERM case is filed. The Employer hasn’t decided whether the Employee beneficiary of the PERM case will be laid off or not. Hypothetical 6: Attorney assisted Employer with preparing and filing an H-1B extension petition on behalf of an Employee. One year later, the Employee leaves a voice mail for the Attorney, which states that something bad happened to him over the weekend, he needs to know how it will impact his visa status, and he doesn’t want his employer to know about it.


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Hypothetical 7: You have just opened your solo immigration practice and have attracted several clients. You send a standard Facebook friend request to Joan, one of your new clients. Variant: you have just signed up your first corporate client. You send a standard LinkedIn request to the corporate client’s HR manager. Hypothetical 8: You have been retained to transfer 100 non-immigrant petitions from well-known local Company A to well-known local Company B, which is acquiring well-known local Company A. Company A and Company B are publicly traded companies but the merger has not yet been announced. In order to handle the large caseload, you hire two recent college graduates with stellar academic backgrounds but no paralegal experience. They are being trained and supervised by one of your experienced paralegals. They are working long hours. After work, the two newbie paralegals go out for a beer where they discuss how hard they are working on Company B’s acquisition of Company A. Their conversation is overheard by two stockbrokers.

Hypothetical 9: You are excited to learn that Hot New Corporation has sent you a Request for Proposal to handle all their immigration work. They ask for three references. You ask your best clients if they are willing to serve as a reference in your response to Hot New Corporation. Limited Representation Options

RPC 1.2 SCOPE OF REPRESENTATION AND

ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER (a) Subject to paragraphs (c) and (d), a lawyer shall abide by a client's decisions concerning the objectives of representation and, as required by RPC 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client's decision whether to settle a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. (b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities. (c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent. (d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. (e) [Reserved.]


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(f) A lawyer shall not purport to act as a lawyer for any person or organization if the lawyer knows or reasonably should know that the lawyer is acting without the authority of that person or organization, unless the lawyer is authorized or required to so act by law or a court order. [Originally effective September 1, 1985; amended effective October 1, 2002; October 29, 2002; September 1, 2006; September 1, 2011.]

Hypotheticals regarding Limited Representation Options Hypothetical 10: Employee seeks a consultation regarding a second PERM labor certification being prepared by his employer’s immigration attorney. The first PERM was denied because the 9089 did not show that the employee met the job requirements, because there were inconsistencies in the requirements between the 9089 form and the ads, and because the offered salary in the 9089 was less than the prevailing wage determination. Employee asks for your advice but tells you that Employer is sticking with the same immigration attorney who prepared the first PERM. Hypothetical 11: You successfully represented the Employer obtaining permanent residence for Employee. Five years later, Employee has prepared her N-400 and wants you to review it. However, Employee does not want to pay for you to prepare and submit the application. Variant: Employee wants you to prepare the application and submit a G-28, but wants to pay less than your usual flat fee for this service. Employee says you do not need to come with me to the N-400 exam and interview.

Competence

RPC 1.1 COMPETENCE

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. [Originally effective September 1, 1985; amended effective September 1, 2006.] Hypothetical regarding Competence Hypothetical 12: You have represented XYZ Company in employment based matters for five years with a 100% success rate in H-1Bs transfer petitions, PERMs, and EB green cards. XYZ’s president Joe asks you to handle a marriage based green card matter for his USC brother Jim, who has married foreign national Mary. Mary was inspected and admitted in B-2 status and overstayed. You meet with Jim and Mary and prepare the paperwork. Mary tells you she previously started the AOS process but did not pursue it and you list the prior application in her I-485. At the Jim and Mary’s interview, you learn that Mary’s prior AOS was denied, an NTA


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was issued, and Mary was ordered removed in absentia because she did not attend her master calendar hearing. Hypothetical 13: You receive a call from a Canadian billionaire who wants to invest $3,000,000 in a new hotel and seeks your advice about getting an investor visa. You have never handled an EB-5 case. Candor to the Tribunal

RPC 3.3 CANDOR TOWARD THE TRIBUNAL

(a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client unless such disclosure is prohibited by Rule 1.6; (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by the opposing party; or (4) offer evidence that the lawyer knows to be false. (b) The duties stated in paragraph (a) continue to the conclusion of the proceeding. (c) If the lawyer has offered material evidence and comes to know of its falsity, the lawyer shall promptly disclose this fact to the tribunal unless such disclosure is prohibited by Rule 1.6. (d) If the lawyer has offered material evidence and comes to know of its falsity, and disclosure of this fact is prohibited by Rule 1.6, the lawyer shall promptly make reasonable efforts to convince the client to consent to disclosure. If the client refuses to consent to disclosure, the lawyer may seek to withdraw from the representation in accordance with Rule 1.16. (e) A lawyer may refuse to offer evidence that the lawyer reasonably believes is false. (f) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse. [Originally effective September 1, 1985; amended effective September 1, 2006; April 14, 2015.]


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Hypotheticals regarding Candor to the Tribunal Hypothetical 14: Attorney is working with an HR Representative, the Employee and the Hiring Manager to prepare a PERM case. Although the Attorney advised the HR Representative, the Hiring Manager and the Employee that the requirements for the PERM case had to be “absolute minimum” requirements, when the recruitment is conducted, the HR Representative indicates that all applicants can be disqualified because each lacked some of the required skills. The Hiring Manager, however, unequivocally states that he interviewed one of the U.S. worker candidates and believes that the candidate could perform the job, even though the candidate lacked two of the required skills. Hypothetical 15: Attorney assists Employer with preparing and filing an H-1B petition. An RFE is issued on the subject of whether the position qualifies as a “specialty occupation.” In the process of preparing the RFE Response, the HR Representative advises the Attorney that not all of the individuals in the same position and at the same level at the company possess a Bachelor’s degree. In fact, one person only possesses one year of specialized experience. Hypothetical 16: After a solid week of preparing EB petitions, you attend a Saturday naturalization clinic as a pro bono activity. Client A has been in the US with a green card for 35 years. She says that when she fled her country as a teenager, she had no identity papers with her and she has no birth certificate. At the refugee camp, she was advised to add a few years to her age – she was told it would be better for her visa processing. Her green card says she was born in 1953. But she is actually 62 years old. She wants to come clean and claim her correct age in her N-400.


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SAMPLE - CONSENT AND DISCLOSURE FOR AFFIDAVIT OF SUPPORT

I acknowledge that I have received and thoroughly reviewed the information in the instructions to Form I-864 concerning the obligations of a sponsor in completing an Affidavit of Support on behalf of a sponsored immigrant. I acknowledge that I have carefully read Form I-864 and am signing the Form I-864 Affidavit of Support willingly. Before signing the Affidavit of Support, I have read it and I understand my obligations by signing this form. I understand that, by signing this form, I will be required to support the sponsored immigrant and to reimburse any government agency or private entity that provides the sponsored immigrant with Federal, State or local means-tested public benefits if it becomes necessary. I further understand that my obligations to support the sponsored immigrant do not terminate upon divorce or separation. Furthermore, the Affidavit of Support may be legally enforceable in a court of law, and the sponsored immigrant is not required to work in order to enforce my obligations to support him or her under the Affidavit of Support.

I understand that in any representation of two parties by the same lawyer at the same time, conflicts of interest are possible. I agree that no dispute now exists between me and the sponsored immigrant. I understand that if any conflict of interest concerning the Affidavit of Support arises, LAW FIRM would not be able to represent both me and the sponsored immigrant, unless both consent in writing to continue the joint representation and the firm decides that under the circumstances it can fulfill its professional responsibilities to both parties.

I understand that I have a right to consult another attorney before signing this consent form and/or the Affidavit of Support. By signing below, I agree that I have had adequate time to obtain advice from another attorney and have either consulted an independent attorney, or have decided not to do so.

I understand that I must file Form I-865 to notify U.S. Citizenship and Immigration Services (USCIS) of a change in my address, as specified in Form I-864. I do not expect LAW FIRM to have any responsibility regarding the filing of any Change of Address form on my behalf. ______________________________________ _____________________ Signature of Sponsor Date

I have read this Consent and Disclosure, and I understand its terms. ______________________________________ Signature of Sponsored Immigrant Date: Note: This sample document is provided for general information purposes only. You should not use this sample document without first seeking the advice of counsel. The provision of this sample document and the document itself do not constitute legal advice. No attorney-client relationship is established by your use of this sample document.


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Sample Consent form for Dual Representation Incorporated into an Employee Questionnaire

Joint Representation

LAW FIRM will be representing you and your prospective employer in connection with the preparation and filing of the proposed immigration matter. As you may know, attorneys are subject to ethical rules of professional conduct, which govern such joint representation. Specifically, attorneys may not keep confidences (secrets) from their clients. This means that you should not discuss anything with LAW FIRM that you do not want your prospective employer to know. You should discuss such confidential matters with independent counsel. However, in the context of preparing this case, there may be information, such as financial information about your prospective employer or salary survey information, that your employer will not want disclosed to you. Upon any termination, which may occur prior to the expiration of your status, your employer may request our assistance in withdrawing the petition. In addition, if a conflict of interest were to arise between you and your prospective employer, LAW FIRM would likely withdraw from representing you and your employer with regard to your immigration matter. LAW FIRM may continue to represent your prospective employer in connection with other immigration matters. By completing this questionnaire, you are indicating that you understand and consent to the ethical rules discussed above, you understand and consent that there may be information your employer will not want disclosed to you, and you understand and consent that we may assist your employer in withdrawing your petition in the event of your termination.

Note: This sample document is provided for general information purposes only. You should not use this sample document without first seeking the advice of counsel. The provision of this sample document and the document itself do not constitute legal advice. No attorney-client relationship is established by your use of this sample document.


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SAMPLE DRAFT LETTER WHERE FORMER JOINT CLIENTS CONFIRM A CURRENT CONFLICT February 16, 2018 Sent via email John Doe Jessica Doe CLIENT ADDRESS Re: Immigration Matters: [I-130/I-485Application of Jessica Doe] Dear Mr. and Mrs. Doe:

We are writing in connection with a request we received from John Doe, for our firm to provide him with a copy of the immigration case relating to Jessica Doe. As you may recall, as is common in many immigration matters, our firm jointly represented John Doe and Jessica Doe in connection with an I-130/I-485 matter. An I-130/I-485 case contains information relating to the U.S. citizen petitioner and to the foreign national beneficiary. On [INSERT DATE], Mr. Doe contacted our office, advised us that he and Jessica Doe were divorcing and were engaged in litigation against each other. In connection with this litigation, he requested a copy of the immigration file relating to the case our firm handled in the past. Attorneys are subject to ethical rules which govern their practices. One of these rules is that we may not reveal information relating to the representation of a client unless that client has given us informed consent. Since Jessica Doe and John Doe are former clients of our firm and we know their interests may no longer be aligned, we are prohibited by ethics rules from giving of a copy of Jessica Doe’s immigration file to John Doe, without Jessica Doe’s informed consent. In addition, in the event Jessica Doe would like a copy of the immigration file, we are unable to do so without John Doe’s informed consent. If Jessica Doe and John Doe are both willing to consent to our sending a copy of the file to the other, please sign a copy of this letter and return it to me, and we will be happy to send a copy of the case to both Jessica Doe and John Doe.

Thank you for your understanding of this situation. Please feel free to call me if you have any questions.

Very truly yours,

LAW FIRM NAME

Attorney Name


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John Doe Jessica Doe February 16, 2018 Page 2 ACKNOWLEDGED & AGREED TO By: John Doe Address: By: Jessica Doe Address: Note: This sample document is provided for general information purposes only. You should not use this sample document without first seeking the advice of counsel. The provision of this sample document and the document itself do not constitute legal advice. No attorney-client relationship is established by your use of this sample document.


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LAW FIRM LETTERHEAD

Sample Joint Representation Agreement February 16, 2018 H-1B Petition: Employer: [INSERT NAME OF EMPLOYER] (“Employer”) Employee: [INSERT NAME of EMPLOYEE] (“Employee”) Employer and Employee have requested that [NAME OF LAW FIRM] (“Law Firm”) jointly represent Employer and Employee in connection with the following legal services: preparation and filing of an H-1B Petition of Employer on behalf of Employee (the “Services”). You have advised us that no dispute exists between you, and that you both have the same objective in this matter. Our representation is limited to this matter only, unless we agree otherwise in writing. Employee acknowledges that Law Firm may represent Employer in other immigration matters for other individuals at any time. This Agreement sets forth the terms and conditions under which Law Firm agrees to provide legal services to Employer and Employee. Please review this Agreement carefully and contact us if you have any questions or concerns. Joint Representation Law Firm will jointly represent Employer and Employee in connection with the requested Services. The Washington State Rules of Professional Conduct (RPC) require that a law firm consult with each of the parties in a joint representation matter to explain the implications of common representation and the advantages and risks involved. After reviewing the information in this letter, if you wish Law Firm to represent both of you in connection with the Services, please provide us with your written consent by signing this letter and returning it to us. A scanned copy with your signature is acceptable. Law Firm is prepared to jointly represent Employer and Employee in connection with the Services because your interests are closely aligned. Employer and Employee desire that the Law Firm provide the Services in a manner that will most likely result in the issuance of H-1B status. There are risks in accepting a joint representation situation. Attorneys are subject to ethical rules of professional conduct that govern such joint representation. Specifically, attorneys owe a duty of loyalty to each client, which requires that the attorney may not keep secrets that one client tells them from the other client. This means, as an example, that Employee should not discuss anything with Law Firm that he or she does not want Employer to know. Employee should discuss such confidential matters with independent counsel. “Independent counsel” means a lawyer that does not work for Law Firm. In addition, in the context of preparing this case, there may be information, such as financial information about the Employer, the prevailing wage or salary survey information, that Employer will not want disclosed to Employee. In addition, if a conflict of interest were to arise between Employee and Employer, Law Firm would likely withdraw from representing Employee and Employer with regard to the Services. Law Firm may continue to represent Employer in connection with other immigration matters. In the event Employee’s employment is terminated, Employer may request that Law Firm assist with the required notification to USCIS that Employee is no longer employed by Employer. If any claims should be made by either of you against the other, Law Firm would not be able to represent either Employer or Employee in the dispute. In any of the foregoing events involving conflicts, both of you would likely incur additional expenses of time and money in engaging new counsel. In the event of such a dispute, the attorney-client privilege with respect to communications between either of you and members of our firm in connection with the subject matter of the dispute would be waived as to the other party.


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Termination of Attorney-Client Relationship The attorney-client relationship with Employer and Employee will be terminated upon our completion of the Services, which typically occurs either with issuance of the requested visa status to you or a final decision to deny your application for such visa status. If either of you later retains us to perform services in connection with a new matter, our attorney-client relationship will begin again, subject to the Terms of Engagement as supplemented at that time. Law Firm reserves the right after termination of our attorney-client relationship to represent third parties in connection with matters that are or may be construed as adverse to either of you so long as the matter does not involve the visa you are seeking or related immigration matters. Fees and Costs Fees and costs for Services shall be paid by Employer. Consent We would be pleased to discuss any of the foregoing matters with you. We encourage you to obtain the advice of your own attorney in considering whether to consent to our joint representation. If you consent to our representation of you in connection with the Services consistent with our Terms of Engagement and in accordance with the understandings described above, please sign the enclosed copy of this letter in the places where indicated and return it to us. Very truly yours,

Lawyer NAME CONSENTED TO BY: _______________________ _____________________ [NAME], Employee Date CONSENTED TO BY: _______________________ _____________________ [NAME], Employer Date _______________________ Title Note: This sample document is provided for general information purposes only. You should not use this sample document without first seeking the advice of counsel. The provision of this sample document and the document itself do not constitute legal advice. No attorney-client relationship is established by your use of this sample document.


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Sample - Joint Representation Agreement for I-130/I-485 February 16, 2018 Adjustment of Status (Based upon I-130 Application) Petitioner: [US Citizen] Beneficiary: [Foreign national] You have requested that this law firm represent [US Citizen] and [Foreign national] in connection with the preparation and filing of an I-130 petition and I-485 Adjustment of Status application. You have advised us that no dispute exists between you and you both have the same objective in this matter. Our representation is limited to this matter only unless we agree otherwise in writing. Following are our standard Terms of Engagement which set forth the terms and conditions under which we agree to provide legal services to you. We ask that you review the Terms of Engagement carefully and contact us if you have any questions or concerns. Joint Representation It appears to us that we may jointly represent you in connection with the requested immigration services (the “Services”). The Washington Rules of Professional Conduct (RPC), nonetheless, require us to consult with each of you to explain the implications of common representation and the advantages and risks involved. After reviewing the information in this letter, if you wish us to represent both of you in connection with the Services, you should provide us with your written consent by signing the copy of this letter that is enclosed in the places where indicated and returning the countersigned copy to us. We are only prepared to provide joint representation to you in connection with the Services because your interests are so closely aligned in this matter. You each desire that we provide the Services in a manner most likely to result in the expeditious issuance of permanent residence. There are several risks to our joint representation of you. The first concerns our obligation of confidentiality. Attorneys are under a duty not to disclose to anyone any information disclosed by a client to the attorney in confidence. We will not disclose any information that either of you provides to us in connection with the Services to any third party. However, joint representation will obligate us to disclose to each of you all material information relating to the representation without regard to whether such information constitutes a client confidence or secret. For example, if we obtain information from [US Citizen] concerning personal or criminal history, or information from [Foreign national] concerning the same, we would provide the confidential information to the other party if it was in our opinion material to our representation in this matter.

Second, if issues should for any reason arise which we conclude cannot be resolved between you on terms compatible with each of your best interests or if for any reason we conclude that we cannot continue to represent you impartially or without improper effect on our responsibilities to the other of you, we will withdraw from representing both of you.

Third, if any claims should be made by either of you against the other, we would not be able to represent either of you in the dispute. In the event of such a dispute, the attorney-client privilege with respect to communications between either of you and members of our firm in connection with the subject matter of the dispute would be waived as to the other party.

In any of the foregoing events, both of you would likely incur additional expenses of time and money in engaging new counsel. At that time, or at any other time requested by you, we would copy the contents of our file for your matter and make the copies available to both of you.

Finally, please be aware that a U.S. citizen who is sponsoring a spouse (or other family member) for U.S. permanent residence is required to sign an Affidavit of Support. This Affidavit may obligate the


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U.S. citizen to support his/her foreign national spouse/family member at an income level of at least 125 percent of the Federal poverty line. This obligation will continue despite any future separation or divorce until the spouse/family member is a U.S. citizen, has been credited with 40 quarters of U.S. Social Security contributions, or abandons his/her permanent residence status and leaves the U.S. The Affidavit of Support also allows a federal, state, local or private agency that provides any means-tested benefits to the foreign national spouse to seek reimbursement from the U.S. citizen sponsor. Therefore, a U.S. citizen who is sponsoring a spouse or other family member should carefully review the Affidavit of Support (Form I-864) concerning the obligations of a sponsor. If the U.S. citizen spouse/sponsor has concerns about the consequences of signing the Affidavit of Support, he/she should seek the advice of another attorney before signing the Affidavit of Support. Fees and Costs Fees and costs shall be paid by [US Citizen] or [Foreign national] as described in the related fee agreement. As outlined within this agreement, all balances on the account are due within 30 days of the date invoiced. You agree that if these costs are not paid when due, our attorneys have the right to withdraw from this matter. Termination of Attorney-Client Relationship Our attorney-client relationship with both of you will be terminated upon our completion of the Services, which typically occurs either with issuance of the requested visa to you or denial of your application for such visa. If either of you later retains us to perform services in connection with a new matter, our attorney-client relationship will begin again, subject to the Terms of Engagement as supplemented at that time. The firm reserves the right after termination of our attorney-client relationship to represent third parties in connection with matters that are or may be construed as adverse to either of you so long as the matter does not involve the visa you are seeking or related immigration matters. Consent We would be pleased to discuss further any of the foregoing matters with you. We encourage you to obtain the advice of your own attorney in considering whether to consent to our joint representation. If you do decide to consent to our representation of you in connection with the Services consistent with our Terms of Engagement and in accordance with the understandings described above, please sign the enclosed copy of this letter in the places where indicated and return it to us. Very truly yours, Name of Attorney CONSENTED TO by _______________________ _____________________ [Foreign national] Date CONSENTED TO by _______________________ _____________________ [US Citizen] Date Note: This sample document is provided for general information purposes only. You should not use this sample document without first seeking the advice of counsel. The provision of this sample document and the document itself do not constitute legal advice. No attorney-client relationship is established by your use of this sample document.


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Documents

Ethical Issues in an Employment-Based Immigration … - 01 - Spring...spouse. Before filing the case, the Employee tells you that he just had a Domestic Violence criminal incident