In addition to filing the basic forms and documents for a U.S green card (lawful permanent residence), many applicants must file for a waiver of inadmissibility. In other words, they must ask the U.S. government to forgive or overlook the fact that, for health, criminal, security, financial or other reasons, they are legally ineligible for U.S. entry at all, much less to be granted a green card. (See the articles on the “Inadmissibility and Waivers” page of Nolo’s website for more information on this topic.)
In many cases, the waiver is needed because the immigrant accrued unlawful presence in the U.S., and would be subject to a time bar of three or ten years upon departure for the visa/green card interview at a U.S. consulate.
Understandably, many would-be applicants are worried about how much extra the attorney will charge to do the waiver application – or are shocked to find out that the waiver alone costs as much or more as the basic application.
Let’s take a closer look at what services a good attorney should provide for the fee and what these fees typically are.
Services Provided by Attorney in Preparing Waiver Application
Contrary to what some believe, a preparing a waiver application involves much more than filling out a form and perhaps writing a cover letter. Think of it more like writing a short book about the story of your and your family’s life – exploring two different sets of scenarios for what would happen if the waiver were denied, including who would suffer extreme hardship if the whole family were to move together to the immigrant’s home country, and who would suffer extreme hardship if the immigrant were to move to the home country alone.
The attorney should for starters, spend lengthy meetings with both the U.S. citizen or permanent resident petitioner and the intending immigrant (called the “beneficiary” in legal language), to find out whether the beneficiary meets the basic criteria for a waiver (for example, has “qualifying relatives” in the U.S.). These meetings may take place both together and separately, just in case there’s something one person needs to talk about that he or she feels uncomfortable about in front of the other person. Depending on what comes up during those meetings, the attorney’s tasks in preparing the waiver might:
- give you a list of documents and photos to bring in for review (and then review these for possible inclusion with the application after you do)
- conduct research into the conditions in the region of the country where the immigrant would have to return to if the waiver were denied, and prepare copies of newspaper articles, U.S. government reports, and other materials to support the claim of hardship
- help arrange for a statement from psychologists, doctors, or other professionals who have treated the U.S. qualifying relatives for conditions relevant to the required showing of hardship
- helping prepare affidavits from friends, relatives, teachers, employers, and others who can attest to facts relevant to the waiver request
- writing a detailed summary of what the evidence shows and why it qualifies the applicant for a waiver of inadmissibility.
And this doesn’t even count any extra legal research the attorney may need to take on for any tricky facts that emerge, for example if the immigrant has any record of criminal activity or fraud.
Hourly Rate or Flat Fee for Waiver Application
Although attorneys charge flat fees for services for many immigration applications, many of them prefer to charge at an hourly rate to prepare a waiver application. That’s because it’s a much less predictable process than a standard application, for the reasons described above. The hourly rate is usually at least $100.
In total, however, most applicants can expect to pay between $5,000 and $11,000 for preparation of the waiver application. This does not include fees for other portions of the attorney’s services or for application fees and other related expenses. Sounds like a lot, doesn’t it? But if you’ve got a good attorney working for you, it can make all the difference in preparing a successful application – and ultimately be well worth the cost.