What Are the Legal Fees for Green Cards?
In the context of the U.S. immigration process, green card legal fees refer to the costs associated with hiring an immigration attorney to assist in preparing and filing green card applications. Similarly to other legal fees, these justly earned fees are generally only incurred when an individual retains the services of an immigration attorney for green card-related matters . Green card legal fees often include attorney fees to review and advise on immigration forms to be submitted, discuss the process with the client (often including an in-person meeting and phone calls), as well as to help draft and prepare any supporting documentation that may be needed to submit with the forms. The level of complexity and work required in the green card application process may be dependent on a number of factors, and these will differ with each individual situation such that the total legal fees (and the level of assistance requested) may vary, and there are different green card types that call for different US immigration forms and procedures.
Typical Legal Costs Breakdown
Your total green card legal fees will consist of several components, including filing fees, attorney fees, and any other incidental expenses related to courthouse visits, photocopies, paperwork, etc. It’s important to understand each component before you make a financial commitment. While the total cost of a green card can vary substantially, the following is a general breakdown:
• Filing Fees: As the name suggests, these are the basic fees required for filing a green card application. Filing fees range from about $500 to more than $2,500 depending on the applicant’s age and purpose for filing. (Green card applicants older than 79 years pay reduced filing fees, while those seeking green cards for employment purposes pay much higher fees.)
• Attorney Fees: Your lawyer’s fees differ based on their level of experience, the type of green card for which you’re applying and the complexity of your case. Expect to pay an hourly rate of anywhere from $75 to $400 per hour. The average total billable hours for a green card application ranges from 4 to 18 hours. One-person immigration businesses tend to charge between $300 and $700 for full-service, while larger firms that offer full-service from A to Z charge between $1,500 and $4,600. Again, this depends greatly on your unique situation.
• Miscellaneous Expenses: There are some additional costs in consideration for the green card application. For instance, translation services can run from $20 to $30 per page. Court documents and records can be quite expensive at $10 to $30 per page. Photocopying and mailings usually are about $20 to $30. Finally, stamps for any mailings usually are no more than $20.
Legal Fees: What Influences the Cost
Legal fees, of any type, are always hard to pin down and make vary significantly depending on the complexity of the matter at hand. For example, whilst a simple "fresh" EB-1 Extraordinary Ability green card petition usually starts at $5,000, a fresh EB-1 Outstanding Researcher petition will usually be substantially higher, with more detailed arguments required in a specialized field that may need increased supporting letters. Fees can also vary widely based on the attorney’s billing structure and the geographic area in which they practice. An attorney in New York is more likely to charge more than an attorney in a small rural town in Iowa, all else being equal. With regards to geographic location, the size of the firm can also influence the amount of the flat fee for a green card application. Firms with a larger size often have higher overhead costs that are passed along to clients.
The type of green card application being filed will also heavily influence the legal fees charged. For USCIS filings such as I-485 applications and Adjustment of Status, many attorneys will charge in the region of $1,000 for representation, including filing forms and attending biometrics appointments. USCIS-based spousal-based I-130 and Adjustment of Status representation typically amounts to between $2,000 and $3,000; however the fees for representation can be significantly higher based on the complexities of each case, including prior removal orders, criminal issues, inadmissibility issues, etc. NACARA and VAWA cases are a further example of these types of cases. As stated above, T nonimmigrant status applicants and green card holders have a reduced filing fee for Form I-485, which may influence attorney fees.
AEBN green card applications are often more complicated and expensive to prepare for attorneys than other self-petition applications, especially in the case of applicants outside the United States. Self-petitioning EB-2 and EB-3 green card applications also require a lot more documentation, not all of which is centrally managed, as is the case with an I-130-based spousal petition, which can also influence what an attorney will charge.
Finally, legal fees should also include additional costs outside pure legal representation. Examples include: The first aspect can vary from state to state. The second, filing fees, are assessed by USCIS and outside the control of the attorney completing the application for the client. However, other fees can vary significantly depending on clients’ needs. An example of this is that some law firms will include a shipping charge in the total costs of an application. In ensuring that clients do not have additional costs outside pure legal representation, paying for shipping in advance means that clients do not have to worry about this later on. This style of payment can also help to ensure that attorneys do not have multiple transactions for a case, which can make payments more problematic for bookkeeping purposes.
Tax-related costs for green card holders are a further example of additional costs that can influence total costs. Filing fees for U.S. taxes can range from $500 to $2,500, depending on the applicant. It is often advisable to consider using an accountant who specializes in the tax issues that will come up for green card holders.
Selecting a Lawyer for Your Green Card Application
So, how do you choose a lawyer to help you with your green card process? Choosing counsel can be difficult, especially for those who are used to dealing with professionals in other industries. However, if one were to boil it down to the most important points it would be as follows: First, finding someone who specializes in immigration law – as is pointed out throughout this blog – is a vital consideration. No one hires a general engineer to do brain surgery, and likewise a general practitioner is not the doctor you want for a complicated immigration situation. Second, experience is key. A seasoned practitioner who has been through the immigration process hundreds of times will be the best asset for you. He or she will have seen the various pitfalls, immigration officer attitudes, and will have almost certainly been through the process with your nationality several times over . Note that if you are going through consular processing, the lawyer you chose for your immigrant visa (IV) interview will have experience in that specific consulate. Furthermore, the lawyer you use for one step in the process is not locked into being your lawyer for the steps following that. So, if your lawyer has experience with a particular consulate, but not with IVs, you may wish to consider hiring someone else for that step (with the costs associated with changing lawyers in mind). Third, reputation matters. Choose a lawyer who has received recognitions from the State Bar or other organizations. Ask him or her if they have been published in any reputable immigration publications, spoken at conferences, or serve on bar committees. A good reputation should not be hard to find for a well-known lawyer. Finally, consider price and the fees associated with the work. Look for an attorney with reasonable rates who will keep you fully advised of fees upfront.
How to Fund the Legal Fees for Your Green Card
Paying for legal services is often one of the biggest concerns green card applicants face. With the average cost of a green card application reaching around $6,000—including a filing fee of upwards of $1,500—it can be difficult to manage the financial burden. Thankfully, solutions are available. Here are a few ways that you can potentially finance your green card legal fees:
Payment Plan through Your Law Firm: Many law offices will work with clients to set up financing options. Although it’s much easier to do so before you’ve begun receiving services, "pay-as-you-go" programs are sometimes available. This type of plan may allow you to only pay for services used up front and leave you with a balance owed on the remaining services your firm provides.
Personal Loans: Most Americans have taken out personal loans at some point in their lives. These can be from banks, credit unions, or even online lending sources. Just remember that a personal loan requires you to pay back the principal plus interest. If you can’t afford to make those payments, you could go into default and destroy your credit history. Remember to weigh the pros and cons of this option and fully understand your lender’s requirements, before entering into any type of agreement.
Non-Profit Organizations: In some locations, non-profit organizations are available to assist with immigration matters. In addition to offering legal services, many of them provide payment plans for their clients who cannot afford to pay for their representation immediately. You must qualify for their services before signing up for a program, though.
Ways to Reduce the Legal Fees
As you prepare your green card application, there are simple steps you can take to mitigate some of the legal fees associated with the process. If you are able to gather documents in advance, this may substantially reduce time and costs. Your attorney will guide you about the documents you need to provide, and in what order. For example, you should at least have the following documents on hand prior to your meeting with an immigration attorney: passports from yourself and any dependents, birth certificates , marriage certificates, I-94s, biometrics appointment notice (if applicable), physical address history and dependents’ address history. The more work done prior to the attorney meeting, the less time it will take to draft the application.
There are additional green card options outside of permanent residence; however, they may not be as cost-effective. For example, an intercompany transferee visa is a work visa that does not confer permanent residence, and an employment-based immigrant visa has a significant filing fee.