DACA Control Document

DACA CONTROL DOCUMENT

This DACA Control Document is entered into as of Effective Date: by and between Client Name: Client Date of Birth: USCIS A-Number (if any): and Provider Name: . The parties agree as follows.

Recitals

WHEREAS, Client seeks assistance with preparation, submission and record maintenance of materials related to deferred action under the immigration program commonly referred to as DACA; and

WHEREAS, Provider is engaged in the business of providing immigration intake, document control, case preparation, and related administrative services and maintains custodial procedures for original and copy documents; and

WHEREAS, the parties wish to establish procedures governing the control, custody, use, retention and disclosure of Client original and copied documents provided in connection with Client's DACA-related matter.

NOW THEREFORE, in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Definitions

1.1 "Control Records" means inventories, logs, originals, certified copies, and electronic files maintained by Provider that document receipt, custody, transfer, review and disposition of Client documents provided for the DACA matter.

1.2 "Custodian" means the individual or department within Provider responsible for maintaining Control Records and for responding to authorized requests for access to Client materials.

2. Scope of Services

2.1 Provider shall prepare and manage the Client file for DACA-related submissions, including but not limited to reviewing documents for completeness, creating a Control Records inventory, preparing copies as needed, and maintaining a record of all submissions and responses.

2.2 Provider's role is administrative and advisory unless accompanied by a separate engagement agreement expressly granting legal representation; Provider will not provide legal advice beyond the scope expressly set forth in a separate written agreement.

3. Document Inventory and Custody

3.1 Upon receipt of Client materials, Provider shall prepare an initial inventory identifying each item by description, date received, whether original or copy, and custody status.

3.2 Originals will be stored according to Provider's custody protocols until returned or otherwise disposed of pursuant to this Document. Where originals are retained, Provider will supply certified or attested copies for submission whenever feasible.

4. Access, Chain of Custody, and Electronic Records

4.1 Provider shall maintain an access log documenting each instance of physical or electronic access, the identity of the accessing individual, and the purpose of access. Such logs shall form part of the Control Records.

4.2 Electronic copies of Client documents shall be stored on Provider systems with reasonable administrative, technical and physical safeguards appropriate to the sensitivity of the information. Provider will maintain backups and a record of any transfers or disclosures.

5. Disclosure, Use and Client Consent

5.1 Client authorizes Provider to use, reproduce, and disclose Client's documents and information solely as necessary to prepare, file, and manage DACA-related submissions, to communicate with adjudicative authorities or other third parties as required to advance the matter, and to comply with court order or other legal compulsion.

5.2 Provider shall not disclose Protected Information for marketing or other unrelated purposes without Client's separate written consent.

6. Fees and Costs

6.1 Client shall be responsible for fees and costs associated with document handling, copying, shipping, translation, certified copy procurement, and official filing fees as set forth in the separate fee schedule acknowledged by Client. Provider will provide an itemized statement upon request.

7. Representations, Warranties and Certifications

7.1 Client represents and warrants that all documents and information provided to Provider are true, accurate and complete to the best of Client's knowledge. Client certifies that no material facts have been knowingly omitted.

7.2 Provider represents that it will handle Client materials in accordance with the terms of this Document and customary professional practices for administrative and document custody services.

8. Indemnification and Limitation of Liability

8.1 Client agrees to indemnify and hold harmless Provider from claims arising from Client's misrepresentation of facts or provision of fraudulent documents. Provider's liability for any loss or damage arising from Provider's negligence shall be limited to direct damages and shall not include consequential damages, except as prohibited by applicable law.

9. Term, Termination and Return of Documents

9.1 This Document remains in effect until the earlier of (a) final administrative disposition of Client's DACA matter, (b) termination by either party upon thirty (30) days' written notice, or (c) mutual written agreement to rescind.

9.2 Upon termination, Provider shall return original documents to Client or dispose of them only upon Client's written authorization; Provider shall retain copies and Control Records for the retention period required by applicable law or, in the absence of such requirement, for a period of seven (7) years from termination, unless otherwise agreed in writing.

10. Notices

Notices under this Document shall be in writing and delivered to the addresses set forth above or such other address as either party may designate in writing; notice is effective upon receipt.

11. Governing Law; Entire Agreement; Severability; Amendments; Waiver; Counterparts

11.1 Governing Law. This Document shall be governed by and construed in accordance with the laws of the state specified by the Provider or as agreed by the parties in writing, without regard to conflict of laws principles that would result in the application of another jurisdiction's law.

11.2 Entire Agreement. This Document, together with any separate fee or engagement agreement expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior understandings and agreements, whether written or oral.

11.3 Severability. If any provision of this Document is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the greatest extent permitted by law.

11.4 Amendments and Waiver. No amendment to this Document shall be effective unless in writing signed by both parties. No waiver by either party of any breach shall constitute a waiver of any subsequent breach.

11.5 Counterparts. This Document may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

12. Acknowledgment and Certification

By signing below, Client certifies that the documents provided are true and complete copies or originals and authorizes Provider to act in accordance with this Document. Client acknowledges receipt of Provider's document control policies and understands the procedures for returning or requesting original documents.

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