If you’re a U.S. citizen or permanent resident trying to help a family member get a green card—or you’re the immigrant relative hoping to get legal permanent residence—you might be wondering if you can afford to hire an immigration lawyer to help. We surveyed readers across the country who applied for family-based green cards through the process known as adjustment of status (for immigrants who are already in the country legally). Here’s what we learned about how many applicants hired lawyers, what they paid for legal help in presenting their application to U.S. Citizenship and Immigration Services (USCIS), and what they had to say about their experiences with immigration attorneys.
Immigration attorneys normally charge a “flat,” or fixed, fee rather than billing by the hour. In fact, our survey showed that 96% of our readers paid their lawyers a flat fee to handle their adjustment-of-status applications. Most immigration applicants prefer fixed legal fees, because they know from the start exactly what it will cost. And in standard cases, lawyers are able to predict approximately how much time they will need to spend.
While the type of fee (flat versus hourly) was nearly uniform, our survey showed a wide range in the amount of flat fees that readers paid. Nearly half (47%) paid between $1,000 and $3,000, while just under a quarter (24%) paid between $3,000 and $5,000.
The amount you may have to pay a lawyer to handle your case will depend on several factors, including where you live (immigration lawyers in big cities tend to charge the most), the attorney’s level of experience, and whether there are any complications in your case—such as such as questions about the immigrant’s legal status in this country, past arrests, or the validity of your marriage or other family relationship.
In some situations, it might be to your advantage to pay an immigration lawyer by the hour to handle your adjustment of status. For instance, if you have the English skills to understand and complete the paperwork on your own—and your case is straightforward—you might be able to have an attorney simply review the forms and give you legal advice. You might also find that lawyers insist on hourly billing in your case. Hourly rates for immigration attorneys usually range from $150 to $500.
Given the cost of hiring an immigration lawyer, you might wonder whether you can fill out the forms and go to the adjustment-of-status interview on your own. Our survey showed that 44% of readers did just that. But the process can be tricky, particularly if there are any complications. So it’s not surprising that just over half (51%) of readers hired a lawyer to guide them through. In addition to assisting with the application forms, a lawyer can help you gather the necessary documents and prepare for the interview. And while you have to personally answer the questions from the USCIS officer at the interview, your attorney can be there with you to help clarify any legal issues that come up or to ask to speak with a supervisor if the officer behaves inappropriately.
Very few readers (5%) sought assistance from nonlawyers such as paralegals or notaries (known as notarios in the Spanish-speaking community). That makes sense, because none of these people can give you legal advice or discuss your case with immigration officers—a significant problem, given the complexities of U.S. immigration law. Certified paralegals are required to have training to help fill out legal forms, but notaries or “immigration consultants” are operating on the margins of permissible activities and don’t necessarily have any legal knowledge or training.
If you’re not confident that you could navigate the adjustment-of-status process on your own, or your case involves any circumstances that might lead to a denial, it would be smart to speak with an experienced immigration lawyer—or even two or more attorneys before you decide to hire one. In our national study of what immigration attorneys reported about their fee policies, nearly three-fourths (74%) said they offered free consultations to potential clients.
When you’re preparing to meet with an immigration lawyer, be sure to gather all of the documents related to your case. These could include documents the immigrant used to enter the U.S., proof of the sponsor’s status as a citizen or permanent residents, birth certificates or a marriage license, and any police reports from past arrests.
In addition to hearing the attorney’s take on your case, you’ll want to ask questions to help you decide whether you want to hire that lawyer. To help prepare these questions, you might get some ideas from what our readers said about their experience with immigration attorneys. More than half of them (54%) were satisfied with the lawyers they hired to help with their adjustment-of-status applications. When we asked them why, the most common reasons had to do with good communication—clearly explaining the options, being easy to reach for follow-up questions, and keeping the clients informed about the progress of their applications. So when you're talking with lawyers, be sure to ask questions aimed at helping you evaluate whether they'll communicate well and give you the help that you need.
Finally, be prepared for a wait. Government data shows that the average time just to process the application for family-based adjustment of status (Form I-485) has increased significantly, and immigrants who aren’t immediate family members of U.S. citizens must also wait until their priority date comes up. (For details, see our survey results and statistics on how long immigration cases take.)
