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DACA Legal Agreement

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DACA LEGAL AGREEMENT

This DACA Legal Agreement ("Agreement") is made and entered into as of Effective Date: by and between Legal Representative: with business address , and Client Name: (Client), Date of Birth: , Alien Registration Number (if any): .

RECITALS

WHEREAS, Client seeks legal representation in connection with an application for deferred action under the Deferred Action for Childhood Arrivals program and related employment authorization; and

WHEREAS, Legal Representative is authorized to provide immigration legal services, has experience in DACA-related matters, and desires to represent Client subject to the terms and conditions set forth herein; and

WHEREAS, the parties intend that this Agreement set forth the scope of representation, fee arrangements, and respective duties of the parties.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Agreement, "Services" means legal services described in Section 2 below. "Costs" means out-of-pocket expenses incurred by Legal Representative on behalf of Client, including but not limited to government filing fees, biometric fees, translation, copying, postage, and courier charges.

2. SCOPE OF REPRESENTATION

Legal Representative will provide legal services to Client in connection with DACA-related matters as selected below. Legal Representative will prepare and file immigration forms, advise Client regarding documentary evidence, assist with responses to requests for evidence, and represent Client in communications with immigration authorities related to the DACA application or renewal. Legal Representative will not represent Client in removal proceedings, family-based petitions, or other immigration matters unless expressly agreed in writing.

Services requested (select all that apply):

3. FEES, RETAINER AND COSTS

Client agrees to pay Legal Representative the fees and costs described in this Section. Fees are earned as described below and must be paid in accordance with this Agreement.

Client is responsible for all Costs associated with the representation. Government filing fees, biometric fees, and other third-party costs are not included in the flat fee unless expressly stated. Retainer payments will be applied first to Costs and then to Fees. Unless otherwise stated below, retainer funds are earned as Services are performed and are non-refundable once expended on services or costs actually performed or incurred.

4. CLIENT DUTIES AND REPRESENTATIONS

Client represents that all information provided to Legal Representative will be true, accurate and complete to the best of Client's knowledge. Client will promptly provide all documents, signatures, and truthful information needed to prepare the DACA application and will attend any scheduled biometrics or interviews. Client will notify Legal Representative of any change in address, criminal history, or other material facts that may affect eligibility for relief.

5. CONFIDENTIALITY AND PRIVACY

All communications between Client and Legal Representative concerning legal advice and the representation are privileged to the extent provided by law. Legal Representative will maintain files in a secure manner and will not disclose confidential information except as necessary to perform Services, to comply with law, or with the Client's written consent.

6. NO GUARANTEE

Client acknowledges that Legal Representative has made no promises or guarantees regarding the outcome of the immigration matter, including grant of deferred action or employment authorization. Any statements about likely outcomes reflect only the Legal Representative's professional judgment and experience and do not constitute a guarantee.

7. WITHDRAWAL AND TERMINATION

Either party may terminate this Agreement upon written notice. Legal Representative may withdraw from representation if Client fails to cooperate, provides materially false information, or does not pay fees as required. Upon termination, Client will pay for Services performed and Costs incurred to the date of termination. Legal Representative will take reasonable steps to protect Client's interests upon withdrawal, such as giving notice and reasonable time to retain other counsel.

8. FILE RETENTION

Client may request copies of the file. Legal Representative will retain the file for a period consistent with professional obligations, after which the file may be destroyed in a manner that reasonably preserves confidentiality. Client must retrieve original documents timely upon request; Legal Representative may charge for copying and shipping.

9. AUTHORIZATIONS

Client authorizes Legal Representative to prepare, sign (where permitted), and file immigration forms on Client's behalf, to obtain immigration records reasonably necessary for representation, and to communicate with immigration authorities and third parties as required to carry out the Services. Client authorizes release of documents and information to Legal Representative as necessary.

10. NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses below. Notices are effective upon delivery if delivered by personal service or courier, and three days after mailing if sent by first-class mail.

11. AMENDMENTS; WAIVER

This Agreement may be amended only by a written instrument signed by both parties. No failure or delay by either party in exercising any right under this Agreement will operate as a waiver of that right.

12. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of . Venue for any action arising under this Agreement shall lie in the state or federal courts located in that state.

13. ENTIRE AGREEMENT; SEVERABILITY; COUNTERPARTS

This Agreement constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior agreements and understandings. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement may be executed in counterparts, each of which is an original and all of which together constitute one and the same instrument.

14. CLIENT ACKNOWLEDGMENTS

Client acknowledges receipt of this Agreement, has had an opportunity to ask questions, and understands the scope, fees, and terms herein. Client acknowledges that Legal Representative has explained the role of counsel and the limits of representation and has advised Client of the importance of providing truthful and complete information.

Client:

By:

Date:

Legal Representative:

By:

Date:

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What the DACA Legal Agreement Is and When It’s Used

The DACA Legal Agreement is a written contract used to document legal representation and related terms for individuals subject to Deferred Action for Childhood Arrivals matters, including counsel retention, scope of services, fees, and client obligations. It clarifies responsibilities between attorney or accredited representative and client, states limits of immigration-related services, and records consent for information sharing. Properly executed agreements support consistent intake, informed consent, and evidence of the attorney-client relationship for USCIS filings, administrative steps, and potential appeals while reducing disputes.

Why a Clear Agreement Matters for DACA Representation

The DACA Legal Agreement documents service terms, fee arrangements, and client consent while reducing misunderstandings and disputes. It helps establish the scope of representation for USCIS interactions and provides a written record required for professional ethics compliance and clear communication during immigration processes.

Why a Clear Agreement Matters for DACA Representation

Who Typically Prepares and Uses This Agreement

Common users include immigration attorneys, accredited representatives, legal aid clinics, and nonprofit organizations assisting DACA applicants.

  • Immigration attorneys documenting representation scope and fees for DACA clients.
  • Nonprofit legal clinics recording pro bono or sliding-scale fee agreements.
  • Accredited representatives maintaining written consent and communication preferences for USCIS filings.

The agreement is also used by intake staff and employers when documenting representation, consent, and fee arrangements on behalf of applicants.

Core Elements Every Professional DACA Legal Agreement Should Include

Essential elements of a professional DACA Legal Agreement clarify scope, fees, confidentiality, document handling, termination, and dispute resolution to protect both client and practitioner.

Scope

Describe services provided, limits of representation, filing tasks included, and any excluded actions such as litigation or appeals unless specifically agreed in writing. Include timelines and expected deliverables.

Fees

State flat fees, hourly rates, retainer amounts, billing schedule, and expense reimbursement policy; specify consequences for nonpayment and conditions for fee refunds or adjustments clearly.

Confidentiality

Affirm attorney-client privilege where applicable, explain limits relating to mandatory reporting, and describe how client information will be stored, shared, and protected. Specify consent for third-party disclosures and data retention periods.

Document Handling

Identify required supporting documents (IDs, prior notices, employment records), who submits them to USCIS, and procedures for secure electronic or physical transmission. Include deadlines and responsibilities for client-supplied evidence.

Termination

State grounds for termination, notice requirements, outstanding fee obligations, and transitional assistance for client if representation ends before case completion. Also specify record retention after termination and process for transferring files to successor counsel.

Dispute Resolution

Include governing law, venue, and whether mediation, arbitration, or litigation is required; specify who pays dispute-related costs and attorney fees allocation. Include timelines for raising disputes and any required notice periods.

Step-by-Step: Complete and Execute the Agreement

Follow these steps to complete and execute a DACA Legal Agreement accurately and efficiently online.

  • 01
    Gather Documents: Collect IDs, employment records, and previous USCIS notices.
  • 02
    Enter Parties: Enter full legal names, A-numbers, and contact details.
  • 03
    Define Services: Specify scope, filings included, and excluded actions.
  • 04
    Sign & Store: Sign, date, notarize if required, and retain copies.

How to Configure an Online Workflow for the Agreement

Configure a digital workflow that collects fields, applies conditional logic, and routes signatures in the correct order.

Workflow Field or Setting Name How to configure and recommended value
Signer Authentication Method and Signing Order Set sequential or parallel signing; choose SMS or email code.
Conditional Fields and Required Inputs Use conditional rules for optional exhibits and missing data prompts.
File Attachments and Evidence Handling Require uploads for ID, employment, and prior USCIS notices; set file types.
Notification Preferences and Document Retention Settings Enable signer emails, copies to counsel, and specify retention duration.

Where Signed Agreements Should Be Sent and Who Keeps Copies

Depending on representation, signed agreements are retained by counsel; copies accompany USCIS filings or are provided to employers and service providers as needed.

  • Counsel Retention: Keep original signed agreement in client file and secure storage.
  • USCIS Filing: Attach as evidence only when required by agency instructions.
  • Employer Use: Provide redacted copy for employment verification if client consents.
  • Third Parties: Share with accredited representatives, translators, or experts with consent.

Digital Signing and eSubmission Requirements

Digital execution and eSubmission require a platform that supports secure storage, audit trails, and access controls compliant with federal standards.

  • Authentication: Email, SMS code, or KBA options.
  • File Formats: PDF/A and DOCX supported for records.
  • Integrations: Connectors: Salesforce, NetSuite, Google Workspace.

Key Timing Considerations and Processing Expectations

Key timing considerations cover agreement effective dates, USCIS filing windows, and record retention obligations that affect appeals and statute of limitations.

Effective Date, Commencement, and Notice:

Enter as MM/DD/YYYY; governs when services begin.

USCIS Filing Coordination and Timing:

Coordinate agreement execution with filing deadlines and biometrics scheduling.

Notarization, RON, and Local Rules:

Notary or RON may be needed depending on state and case.

Document Production and Response Windows:

Allow time for translations, evidence collection, and agency requests.

Appeals, Motions, and Administrative Deadlines:

Retention and notice periods affect appeal filings; check USCIS guidance.

Common Mistakes to Avoid When Preparing the Agreement

  • Using informal or abbreviated names (nicknames, initials) that do not match government ID leads to delays, requests for corrected documentation, or invalidated filings.
  • Failing to specify scope or excluded tasks can create billing disputes when additional work like appeals or motions is required beyond the original agreement.
  • Omitting consent language for information sharing with employers, translators, or experts risks breaching confidentiality and may violate professional conduct rules.
  • Incorrect fee and refund clauses, unclear retainer application, or missing billing schedules often result in fee disputes and potential ethics complaints.

Penalties and Risks of an Incorrect or Incomplete Agreement

Ethics Complaints: Sanctions, suspension, or discipline.
USCIS Rejection: Application evidence may be rejected.
Fee Disputes: Refunds or malpractice claims possible.
Invalid Consent: Information sharing may lack legal basis.
Data Breach Risk: HIPAA or privacy violations expose liabilities.
Notarization Errors: Missing RON or improper notarization invalidates document.

Required Information and Essential Fields

Client Name: Full legal name as on ID
Date of Birth: Enter date as MM/DD/YYYY
A-Number/USCIS#: Provide Alien Registration number if known
Contact Information: Street address, phone, email required
Authorization: Signed consent for representation and disclosures
Fee Agreement: Agreed fee, retainer, and billing terms

Who Is Authorized to Sign the Agreement

Attorney

Typically the licensed attorney of record or an accredited representative signs on behalf of the law firm; the signer must be authorized to provide legal advice and accept service on the firm's behalf. Include bar number or accreditation details where applicable.

Client

The DACA applicant or their legally authorized representative must sign to provide consent for representation and information sharing; minors should have guardian or custodial signature as required. Mismatched or missing signatures can delay USCIS processing.

Real-World Use Examples for the DACA Legal Agreement

Practical examples show how clinics and private practices use a DACA Legal Agreement to document representation, collect consent, and manage USCIS-related evidence.

Legal Clinic Intake

A nonprofit immigration clinic uses a standard DACA Legal Agreement during intake to capture client details and consent for casework.

  • Reduces intake errors and missing evidence.
  • The clinic routes the agreement for eSignature, stores a PDF in the case management system, and attaches required IDs and employment records to avoid USCIS RFEs, enabling faster file preparation and clear client communication.

Solo Practitioner

A solo immigration attorney includes explicit fee and termination clauses in the DACA Legal Agreement to prevent disputes over additional services.

  • Clarifies billing for appeals and follow-up actions.
  • When clients sign electronically, the attorney timestamps and archives the agreement in the firm repository, using audit trails to document consent, which simplifies compliance with professional responsibility rules and reduces client misunderstandings about scope.

Frequently Asked Questions About the DACA Legal Agreement

Answers to common questions about completing, signing, and storing a DACA Legal Agreement, including eSignature and compliance considerations.


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