Know What You Will Pay Before You Begin Your Immigration Case

How much do immigration lawyers typically cost? There isn’t one set price. Most immigration lawyers charge a flat fee, an hourly rate, or a retainer. Government filing fees are a separate cost, paid in addition to attorney fees. This guide explains each part so you can plan.

What fee types do immigration lawyers use?

Immigration lawyers usually bill in one of three ways: a flat fee, an hourly rate, or a retainer. A flat fee covers a set piece of work, such as one filing. An hourly rate bills for the time spent on the matter. A retainer is an upfront deposit that work is charged against.

The structure that fits depends on how predictable the work is. A narrow, routine filing is easier to price as a flat fee. A case that could move to court is harder to predict, so hourly billing or a retainer is common.

Some lawyers combine these methods. Ask which structure applies to each stage, not only the first one. Many people focus on the first payment, but later stages can cost more.

The fee for your matter should appear in a written fee agreement. Read it before you sign. Ask what happens if the case changes.

What does an hourly rate cover?

An hourly rate covers billable attorney time, and it is only one part of the total. That time usually includes legal research, preparing forms and written statements, and reviewing documents. It also includes talking with the client and preparing for hearings.

Phone calls, emails, and file review may count as billable time too. The agreement should say which activities are billed.

Staff time works differently. Some firms bill paralegal or assistant time separately. Others include it in the overall cost. Ask which approach applies.

Useful questions include these. Who will do the work? Is staff time billed? What counts as billable time? How often will you receive a statement? The answers tell you more than the rate alone.

How do retainer fees work?

A retainer is an upfront payment that the lawyer draws from as billable work is done. It is not the same as the total fee. The amount is usually set to match the expected scope of work.

A matter with more hearings or documents often starts with a larger retainer. A single filing usually needs less.

Once the retainer is used, the agreement should say what happens next. Some agreements ask the client to add money to the account. Others bill the client directly.

You should receive a written statement. It should show how the retainer was applied and what extra charges were billed. Ask whether unused funds are returned at the end, and get that answer in writing.

What government filing fees will I pay separately?

Government filing fees are set by the government, are separate from attorney fees, and can change. Fees not set by statute can be changed through rulemaking, so confirm the current fee before filing. USCIS fees depend on the benefit or type of request, not only the form number, under 8 C.F.R. § 106.1. That section also requires at least 30 days’ public notice before a payment method changes.

Amounts vary widely. The Notice of Appeal or Motion, Form I-290B, is listed at $800 in 8 C.F.R. § 106.2. Under § 106.1, online filing with USCIS is $50 lower than the listed fee, unless the rule says otherwise. The list at § 106.2 is the place to check current USCIS amounts.

For adjustment applications filed in immigration court, 8 U.S.C. § 1812 sets a fee. It must be paid when the application is filed or before the court decides it.

Filing fees are generally non-refundable, according to 8 C.F.R. § 1103.7. Translations, copies, and certified records are also separate costs.

Budget government fees and attorney fees as two separate lines. A green card process includes both.

How do costs differ by type of immigration case?

Cost follows scope, and scope differs by case type. Removal defense often involves several court hearings, evidence gathering, and applications for relief. Each stage can add work. Learn more about removal defense.

Adjustment of status and family petitions depend on how many family members are included and which documents are required. Naturalization and removal of conditions on a green card are generally more defined in scope. Their fees reflect the required filings and any interview.

Waivers and BIA appeals depend on the record, the grounds raised, and the filings needed. The Notice of Appeal, Form EOIR-26, is listed at $1,060 in the current EOIR total fees, not counting biometrics fees, under 8 C.F.R. § 1103.7.

When one appeal or motion is filed for two or more people covered by one decision, only one fee is required. Which provision of the law applies depends on the facts of each case, so it is worth discussing your specific situation with our team. This can matter for families.

What factors change the total cost?

The total depends on the facts of your matter, the number of filings, and the stage the case is in. The facts drive much of the work. Prior immigration history and any criminal history may need careful review before anything is filed.

Each family member or application in the same matter adds documents and time. The number and timing of hearings also matter. Each hearing takes preparation and attendance.

Documents may need to be gathered, translated, or requested from other countries. That takes time and can add cost.

A matter at the initial filing stage often has a different scope than one already in court or on appeal.

A common mistake is waiting until a hearing date to gather records. Starting early usually makes the work easier to plan.

What should you ask before agreeing to a fee?

Ask what the quoted fee includes and what gets billed separately. Confirm whether support staff time is billed. Ask who will handle the work day to day.

Ask how retainers are applied and how often you will receive statements. Find out whether payments are scheduled. Ask what happens if the case moves into court or onto appeal.

Ask how government fees will be paid, since EOIR fees must go through the EOIR Payment Portal. Keep the answers with the fee agreement.

If a relative has received a removal notice, the cost question can’t wait. Reach out through the contact form, by phone, or on WhatsApp to talk through the fee for your matter in a paid consultation.

Responsible lawyer: Adriana Gomez, AG Immigration Law P.A.