Terms of Service
Flat Fee Agreement and Terms of Services
This agreement establishes the terms of service of both attorney/firm and client in the visa and or Adjustment of Status process and the relationship between AmeriLawGroup/Calvin A. Knickerbocker, Sr. Attorney at Law and the Client. The services to be rendered will consist of securing the approval of the client’s Petition for a Visa or Adjustment of Status or other agreed petitions. Services and the Terms of Service are to be as set out below.
GENERAL SERVICES / PROVISIONS:
- Attorney Accessibility
Access to your attorney will be provided during normal working hours, Monday through Friday, 9:00 a.m. to 5:00 p.m., Pacific Time, excluding holidays/vacation periods . This may be accomplished through either email or phone.
- Case Processing
Every reasonable effort will be made to process your case promptly and efficiently. It is understood and agreed however, that government agency errors or workload issues beyond this office's control can sometimes slow the processing of a case. This firm cannot and does not guarantee a time of processing. Any time frame given will be based on available data and best judgment and are estimates only. An effort will be made to respond to all calls, emails or other communications by client within two business days or less of receipt but this is not guaranteed.
- Attorney Fees
Client will be charged a one time, flat fee the amount of which is determined by which payment plan the client chooses for the services. The Client will be responsible for all filing and other fees required by the USCIS and or the US Department of State. Should the client request physical document assembly and mailing, additional fees may be assessed at the firm’s sole discretion, but will not be assessed without the client’s prior knowledge and agreement.
- Refunds, Liability for failure to approve or issue Petition, Arbitration and Venue
If your petition is not approved by the USCIS we will refund your flat legal fee in its entirety. The firm does not have an obligation to, nor will it undertake to, appeal any denial of a Petition, and the client’s sole remedy in the event of such a denial or failure shall be the refund of the attorney fees paid as of the date of said denial or refusal to issue. This firm cannot and does not guarantee the approval of a Petition, Application or other such service and the client’s sole remedy, in equity or law, for any such denial and or refusal to issue shall be the refund of the client’s fees paid regardless of the reason for such denial or refusal. If the client or the fiancé/spouse, or other participating party or relative has intentionally or negligently failed to reveal a relevant fact or circumstance, or misstates such fact or circumstance, or fails to act, or engages in acts which result in the denial of a Petition or refusal to issue, then the client shall not be entitled to a refund of fees paid, any such refund being at the sole discretion of the firm. Any guarantee or right to a refund does not apply if based on actions taken by the US Department of State, US consulate or embassy after approval of the petition by the USCIS. If the client intentionally or negligently fails to disclose a relevant fact which results in the firm having to provide additional services beyond what is normally to be expected then there will be an additional fee due, in addition to the flat fee, which shall be computed at the rate of Three Hundred and Fifty (350) dollars per hour. No assessment of any fees will be made by the firm without the prior knowledge of the client. If either you or your fiancé(e) or spouse or relative or other participating party withdraws or otherwise wishes to discontinue services from AmeriLawGroup, for any reason, at any time after the client has received the initial email links and attachments sent to the client at the beginning of the case, this firm will not make a cash refund in any amount; however, the firm will provide the client a credit against future services in the amount of the fees paid by the client as of the time the client has withdrawn from or discontinued the firm’s services, less value of services rendered as of that time, computed at the rate of $350 per hour. Electronic documents and links shall be considered received by the client when sent by AmeriLawGroup, and difficulties with the client’s computer or email system resulting in the clients inability to access forms or documents shall not entitle a client to a refund. It is the client’s responsibility to provide all documents and information requested.
In the event of a dispute between Amerilawgroup/Calvin Knickerbocker, attorney, and client, it is agreed that said dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association. It is further agreed that applicable law shall be that of the State of California without regard for conflict of laws rules and that the venue for same shall be Napa County, California. Prevailing party shall be entitled to reasonable attorney fees and costs.
This firm will not bill you for office expenses associated with processing your case (e.g. mail charges, telephone charges, copying costs, etc). You will separately pay all required government fees, medical examination fees, translation fees and the like.
- USCIS Forms Preparation/Attorney Service Outline
This office will assist in the preparation of all required USCIS forms based on the information and documents you and your fiancé(e) or spouse or relative, or other party at your request, provide us. The firm shall also provide all reasonably required guidance and support to enable the client to provide the USCIS that documentation and personal information required by the USCIS in support of the client’s Petition. Client is responsible for providing all requested documents such as birth certificates, divorce decrees and the like to the USCIS. Clients are also responsible for providing all information required by the USCIS forms. It is not this firm’s responsibility to ascertain information, documents, dates, etc and is specifically agreed that this is the client’s responsibility. It is further client’s responsibility to review and approve information in all forms and documents before submission to the USCIS. After client has input all required information into the forms we have provided, and has assembled all supporting documentation as outlined in the Instructions given the client, this office will electronically review all such forms and any of said supporting documentation at the request of the client. Upon approval of all forms and documentation by this office it is the client’s responsibility sign the forms as indicated and to mail said forms and documentation to the USCIS (or consulate or embassy as the case may be) according to the Instructions provided by this office. If after signature by the client the client wishes AmeriLawGroup to physically assemble and mail the package additional fees may apply. The client is responsible for the receipt of all notices from the USCIS, embassy and or consulate at the address provided by the client in the forms submitted. The client shall immediately transmit a copy of any such communications to this office by facsimile at the number shown on the firm’s web site or by email scan to the address indicated on the firm's web site. This firm shall not be responsible for any errors and/or omissions once client has signed and submitted the required forms to the USCIS. Client is responsible for the cost and accuracy of all document translations, and for the cost of oral translators and translations if required. Upon approval of the client’s Petition by the USCIS this firm will provide reasonable assistance and support for the client and or fiancé/spouse/relative during the USCIS, embassy/consulate approval and interview process if the level of service selected by the client provides for such. No guarantee applies to the actions taken by the embassy or consulate after approval of the client’s petition by the USCIS. Upon issuance of the visa or approval of other Petitions, the relationship between AmeriLawGroup/Calvin A. Knickerbocker and the client shall terminate in its entirety. Any further services to be provided by this firm to the client or the fiancé/spouse or relative shall be per additional agreement of the parties.
We sincerely appreciate the confidence you have expressed in us by selecting this firm to act as your counsel in connection with this matter. By paying the firms retainer fee and responding to this agreement for services by email it is agreed that this will constitutes an electronic signature which is legal and binding as per all local, state and/or pertinent laws and under the ESIGN Act and Uniform Electronic Transaction Act (UETA) ); both CLIENT and ATTORNEY/FIRM hereby agree to be bound by the terms herein.