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Immigration N-400 Agreement

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IMMIGRATION N-400 ENGAGEMENT AGREEMENT

This Immigration N-400 Engagement Agreement ("Agreement") is entered into as of by and between Attorney/Firm Name: with principal place of business at ("Attorney"), and Client Name: of ("Client").

RECITALS

WHEREAS, Client desires to apply for naturalization under the Immigration and Nationality Act by submitting Form N-400, Application for Naturalization, and related supporting documentation; and

WHEREAS, Attorney is duly authorized to practice law in the applicable jurisdiction and has experience preparing and prosecuting naturalization applications and providing representation before immigration authorities; and

WHEREAS, Client wishes to engage Attorney to provide legal services related to preparation, filing, and limited representation in connection with Client’s N-400 application, and Attorney agrees to provide such services under the terms of this Agreement.

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

1. ENGAGEMENT AND SCOPE OF SERVICES

1.1 Engagement. Client hereby retains Attorney to provide legal services in connection with Client's naturalization application (Form N-400) subject to the terms of this Agreement. Attorney accepts the engagement and will act on Client's behalf as agreed below.

1.2 Scope. Attorney’s services shall include the following selected items (check applicable boxes):

1.3 Additional Services. Any services beyond the selected scope, including litigation, appeals, removal defense, or federal court actions, are outside this Agreement and will require a separate written engagement. Describe additional services, if any:

2. ATTORNEY DUTIES

2.1 Attorney will exercise professional skill, care, and diligence in preparing Client's Form N-400 and will file the application on Client's behalf if Client so directs and pays required fees. Attorney will provide legal advice, prepare supporting declarations and exhibits, and, if selected above, represent Client at the USCIS naturalization interview.

2.2 Attorney will not knowingly submit false information. Attorney will inform Client of material developments and provide copies of correspondence or decisions upon request. Attorney may delegate tasks to qualified staff while retaining responsibility for supervision.

3. CLIENT RESPONSIBILITIES

3.1 Client must provide complete, accurate, and truthful information, sign all necessary documents under penalty of perjury when requested, and supply requested evidence and authorizations in a timely manner. Client must notify Attorney promptly of any changes in address, criminal history, travel outside the United States, or any matter materially affecting eligibility for naturalization.

3.2 Client acknowledges that providing false information or withholding material facts may result in denial of the application, denial of future immigration benefits, civil or criminal penalties, and will constitute grounds for immediate termination of this Agreement.

4. FEES, RETAINER, AND PAYMENT

4.1 The retainer will be deposited into Attorney's trust account and applied against fees and costs as billed. Client is responsible for any bank fees incurred. Attorney may suspend work if Client fails to pay fees or costs when due. Any dispute regarding fees shall not relieve Client from paying outstanding amounts that are not in legitimate dispute.

4.2 Refunds. Any refund of fees will be determined by accounting for fees earned for services performed and unreimbursed expenses; unearned funds will be returned to Client in accordance with applicable fiduciary rules. The parties agree that Attorney's time spent on drafting, consultations, and communications is billable.

5. COSTS AND DISBURSEMENTS

5.1 Client shall pay all filing fees, biometrics fees, medical examination costs, translation fees, courier charges, travel expenses, and other out-of-pocket costs incurred in connection with the representation ("Costs"). Attorney may advance Costs on Client’s behalf with Client’s authorization; advanced Costs shall be reimbursed by Client upon request or billing.

6. NO GUARANTEE OF OUTCOME

6.1 Client acknowledges and agrees that Attorney has made no promise or guarantee regarding the approval or timing of Client's naturalization application. Decisions on naturalization are within the sole discretion of the government authority. Attorney will use professional judgment but outcomes depend on facts, law, and the government’s determinations.

7. CONFIDENTIALITY; AUTHORIZATIONS

7.1 Attorney will maintain confidentiality of information provided by Client, subject to applicable law and professional responsibilities. Client authorizes Attorney to obtain records, counsel with third-party service providers (including translators and medical providers), and to communicate with government agencies on Client’s behalf as necessary to pursue the N-400 application.

8. CONFLICTS OF INTEREST

8.1 Client represents there are no known conflicts of interest that would preclude Attorney's representation. Client will disclose all material relationships and prior representations that could present a conflict. If an actual conflict arises, Attorney may withdraw as permitted by professional rules.

9. TERMINATION AND FILES

9.1 Either party may terminate this Agreement upon written notice. Upon termination, Client will pay for all services rendered and Costs incurred through the date of termination. Attorney will provide Client with a final accounting and will, upon request and payment of outstanding fees and costs, deliver Client's file or transfer it to successor counsel.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered personally, by certified mail, or by courier to the addresses below.

11. MISCELLANEOUS PROVISIONS

Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflicts of law principles.

Entire Agreement. This Agreement contains the entire understanding of the parties with respect to its subject matter and supersedes all prior agreements, whether written or oral. Any modification must be in writing and signed by both parties.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Amendments and Waiver. No waiver or amendment shall be effective unless in writing and signed by the party against whom enforcement is sought.

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

12. CLIENT ACKNOWLEDGMENTS

12.1 Client certifies that all statements and documents provided to Attorney are complete and truthful to the best of Client's knowledge. Client understands that submission of false statements or fraudulent documents may result in denial, revocation of benefits, civil fines, or criminal prosecution.

AUTHORIZATION TO PROCEED

By signing below, Client engages Attorney under the terms of this Agreement, authorizes Attorney to prepare and file Form N-400 and related documents, and acknowledges receipt of a copy of this Agreement.

Attorney/Firm Name:

By:

Date:

Client Name:

By:

Date:

Enter text✕

What the Immigration N-400 Agreement Covers

An Immigration N-400 Agreement is a client–attorney engagement document that sets out the scope, responsibilities, fees, and deliverables related to preparing and filing a Form N-400 (Application for Naturalization) on behalf of an applicant. The agreement typically identifies the client and attorney, states the services to be provided (form completion, evidence assembly, representation at interview), describes fees and billing terms, and explains document retention and termination conditions. It may also address consent to electronic signatures, data sharing for supporting evidence, and dispute resolution procedures.

Why a Written N-400 Agreement Matters

A clear engagement agreement defines responsibilities, avoids misunderstandings, and documents consent for electronic handling of sensitive records.

Why a Written N-400 Agreement Matters

Who Typically Uses an N-400 Agreement

A written agreement ensures professional standards, helps manage evidence collection, and documents consent for electronic signatures where permitted.

  • Immigration attorneys and law firms providing naturalization services to clients
  • Nonprofit legal aid organizations managing pro bono or low-fee cases
  • Individual applicants and family members retaining representation

Primary Parties and Their Roles

Immigration Attorney

An attorney drafts and reviews the N-400, advises on eligibility and evidence, represents the client before USCIS, and maintains client confidentiality consistent with state bar rules and applicable federal privacy law.

Applicant (Client)

The client provides factual inputs, documents, and signatures, consents to electronic handling if applicable, pays agreed fees, and participates in interview and biometrics appointments as scheduled by USCIS.

Core Components of a Professional N-400 Agreement

A complete agreement balances clarity for the client with professional protections for the provider. The following components are commonly included and recommended.

Scope of Services

Define precisely whether services include form completion, evidence organization, representation at USCIS interview, appeals, or only document review.

Fees and Billing

Specify flat fees, hourly rates, retainer amounts, payment schedule, refund policy, and who pays filing or biometrics fees.

Client Responsibilities

List documents the client must provide, deadlines for responses, and consequences of missing or false information.

Electronic Consent

Include a consumer disclosure if consenting to electronic records and signatures, consistent with ESIGN (15 U.S.C. ch. 96) and applicable state law.

Confidentiality

State how sensitive documents (medical records, criminal records) will be handled and any permitted disclosures to third parties.

Termination and Dispute

Describe termination rights, file retention after closure, and the dispute-resolution process (mediation, arbitration, or court).

Step-by-Step: Completing an N-400 Engagement Agreement

Follow these core steps to prepare, review, and finalize a representation agreement linked to a Form N-400 filing.

  • 01
    Gather Information: Collect identity documents, immigration history, and supporting evidence from the client.
  • 02
    Draft Agreement: Prepare a tailored engagement letter that sets scope, fees, deliverables, and electronic consent.
  • 03
    Review with Client: Walk through the agreement, answer questions, and confirm fee and document expectations.
  • 04
    Sign and Retain: Obtain signatures (electronic or wet), date the agreement, and save signed copies in secure storage.

How to Configure an Online N-400 Agreement Workflow

When using a digital platform to collect signatures and evidence, configure fields and authentication to match legal and operational needs.

Field Configuration
Signature Enable e-signature with audit trail and date field
Authentication Use email plus optional SMS or ID verification for higher assurance
Attachments Allow uploads for IDs, passports, and medical records in PDF or image formats
Reminders Set automated reminders for missing documents or unsigned agreements

Where to File and How Documents Move

The engagement agreement itself is retained by counsel; the completed Form N-400 is filed with USCIS either online or by mail, depending on USCIS filing options.

  • Local Counsel Copy: Retain signed agreement in client file before filing the N-400.
  • USCIS Filing: File the N-400 via the applicant's USCIS online account or mail to the designated lockbox per form instructions.
  • Biometrics & Interview: USCIS schedules biometrics and interview notices; counsel should ensure client receipt and attendance.
  • Record Retention: Keep a complete, dated copy of all submissions and correspondence for your file.

Digital Signing and eSubmission: Platform Needs

Confirm the platform meets ESIGN/UETA requirements and any industry-specific standards (for example HIPAA BAA for health records) before e-signature use.

  • File Formats: PDF, DOCX supported
  • Integrations: Connects with Google Workspace, Microsoft 365, NetSuite
  • Security: TLS 1.2/1.3; AES-256 at rest

eSignature Vendor Pricing Snapshot for N-400 Agreements

Comparing common e-sign providers highlights starting price, whether trial access exists, bulk send capability, audit trail presence, HIPAA support, and envelope or session limits.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Regulatory Certs: SOC 2 Type II, ISO 27001
Privacy Laws: GDPR, CCPA compliance
Health Data: HIPAA compliance (BAA required)
eSignature Law: ESIGN and UETA compliance

Key Risks from an Incorrect or Incomplete Agreement

Case Denial: Application may be denied
Delays: Processing and scheduling delays
Fee Loss: Nonrefundable filing fees
Malpractice: Professional liability exposure
Privacy Breach: Unauthorized disclosure risk
Perjury Risk: False statements carry severe consequences

Common Mistakes to Avoid When Preparing the Agreement

  • Using inconsistent names across documents, causing identity verification mismatches with USCIS
  • Failing to collect or attach required supporting evidence such as residency proof or tax records
  • Omitting clear fee terms or refund policies, which leads to billing disputes
  • Not obtaining explicit electronic-consent language when signing and storing records electronically

Timing Considerations and Eligibility Deadlines

Key timing items include statutory residence requirements, scheduled biometrics and interview dates, and retention of documentary evidence to support eligibility.

Continuous Residence:

Five years generally; three years if married to a U.S. citizen

Biometrics Appointment:

USCIS schedules a biometrics appointment after filing; attend with ID

Interview Notice:

USCIS will set an interview date; counsel should confirm client availability

Decision Timing:

Processing times vary by field office and workload

Record Retention:

Keep evidence and filings until any appeal period or further counsel guidance

Typical Filing Milestones for N-400 Cases

A representative milestone sequence helps teams track progress from agreement to oath ceremony.

01

Agreement Signed

Client and attorney execute engagement agreement and confirm scope.

02

Form Preparation

Counsel completes Form N-400 and gathers supporting evidence.

03

Submission & Biometrics

File with USCIS and attend biometrics appointment as scheduled.

04

Interview & Oath

Attend interview; if approved, schedule oath ceremony and finalize record.

Practical Examples of How Agreements Are Used

These two case arcs show common engagement outcomes and how the agreement clarifies expectations.

Private Law Firm

A small firm drafts a written retainer to prepare a client's N-400 and gather evidence

  • The retainer specifies a flat fee and filing responsibilities
  • The clear scope reduced client follow-ups and provided an audit trail for the eventual USCIS interview process, preserving firm time and client confidence.

Nonprofit Clinic

A legal clinic uses a standard engagement form for pro bono N-400 assistance

  • The form requires client consent for electronic records and document sharing
  • Standardization accelerated intake, ensured consistent document collection, and made supervision easier for volunteer attorneys.

Frequently Asked Questions About the N-400 Agreement

Answers to common questions about signing, corrections, e-signatures, and document retention for agreements tied to Form N-400.


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