The expense involved, however, leads many non-citizens to go without an attorney. In this article, we’ll look at what the possibilities are for finding a free (pro bono) or low-cost attorney.
Hiring an experienced immigration attorney is hugely important if you are facing removal from the United States. (You'll usually know because you've been arrested by U.S. Immigration and Customs Enforcement or "ICE," or receive a document called a "Notice to Appear" or "NTA.") Even though you might not be a U.S. citizen, you still have a right to defend your right to remain in the United States.
There are many reasons the U.S. government can attempt to remove a foreign national from the U.S.—some might be based on criminal conduct, others on how they entered the U.S.—but it is important that you understand why you are being removed and whether the reasons for removal are correct.
Even if the government is correct in its allegations and you are removable from the United States, there could be applications you can file to overcome this. Some people in removal proceedings are, for example able to present a case for asylum or for family-based green card—and if successful, emerge from the proceedings with the right to remain in the U.S. and even obtain permanent residence.
See, for example, Possible Defenses to Deportation of an Undocumented Alien.
An experienced immigration attorney will be able to review the allegations against you and identify forms of relief you might be eligible for, and then help you apply and convince the judge to grant it.
Unlike in the U.S. criminal justice system, the U.S. government will not provide an attorney for you at its expense. Therefore, you are on your own in finding and paying for an attorney.
It’s probably worth calling around and consulting with lawyers who have been recommended to you. Although you might need to pay some initial consultation fees (often around $150), that will give you a sense of whether you have a case worth pursuing and how much an attorney is likely to charge you. It could be less than you expect—immigration attorneys tend to charge lower hourly rates than other lawyers, in consideration of their clients’ limited financial resources. And they rarely make clients pay the whole amount up front.
If you definitely do not have the resources to pay for an attorney, however, you need to find one who will represent you pro bono (for free) or at a reduced cost.
The best place to search for a pro bono immigration attorney is on the U.S. Department of Justice, Executive Office for Immigration Review (EOIR) website, at the page called Find Legal Representation. There, you will be able to access a list of free or low-cost legal service providers, sorted by state.
The EOIR pro bono attorney list provides contact information for both private attorneys and nonprofit organizations. Read the notes on this list carefully, because not all attorneys or organizations named are willing to take every type of case. Some limit their pro bono cases to a particular subject matter or clientele. For example, some pro bono attorneys will not represent a client seeking asylum, while others might take only clients who are seeking asylum.
If you are not sure whether you fit into the specific category of client the attorney takes, you can contact the attorney to find out, but do not be discouraged if the attorney is ultimately unable to take your case. Chances are, that attorney will be able to recommend another attorney who might be better suited to your case. If not, you can try another attorney or organization on the list.
There is a great demand for pro bono immigration legal assistance, so even when you do find an attorney who handles your type of case, the attorney might already have a full caseload and turn you down. Start your search for a pro bono attorney as soon as possible, so that you are not left without competent legal assistance at your next court hearing.
The EOIR list of pro bono attorneys is also available in all immigration courts. If you find yourself at your first court hearing without an attorney, the Immigration Judge (IJ) should provide you with a copy. If a copy is not in the courtroom, do not be shy about respectfully asking the IJ or the judge’s assistant where to get one.
There are other attorneys who can offer pro bono legal services who might not be included on the EOIR list. You can contact the bar association (the professional association for attorneys) in your state, for starters.
If you happen to know an attorney who is not advertised as a pro bono attorney, do not be afraid to ask if they might be able to take your case on a pro bono basis or whether the attorney offers a sliding-scale fee for low-income clients. Every attorney in the U.S. is encouraged to provide some pro bono services during the course of practice. An attorney who happens to have some time and resources available might just be able to help you.
In order to save money, many non-citizens turn to immigration “consultants,” “assistants,” or (if you’re a Spanish speaker) “notarios.” These people are not licensed to practice law in the United States. While some might mean well, others are frauds. Getting help from an unlicensed, inexperienced person (unless that person is assisting and supervised by a qualified attorney) could hurt your case and end up costing you more money in the end to fix the problem. Learn more about the risks.
]]>When setting a flat fee for your immigration case, the attorney essentially estimates how much time and effort it will take to do the work. This estimate is based on the amount of time it took to complete numerous past cases that were similar to yours. However, if your case presents an unusual set of facts or appears to be complex, a flat fee arrangement might not be made available to you.
The hourly fee is the most common attorney billing structure among attorneys of varying practice areas. Typically, an attorney will charge clients between $200/hour to $500/hour or more. The attorney’s hourly rate depends upon various factors, such as the number of years' experience the attorney has, the location where the attorney is based (and how expensive it is to rent an office and otherwise do business there), and the complexity or expected duration of the case.
Fees can rack up quickly for clients who are billed by the hour. You likely will be billed for every interaction you have with your attorney, whether by phone, email, or in person. This is in addition to the time the attorney spends researching, writing, and otherwise working on your case.
Clients sometimes feel dissatisfied with the hourly billing structure because it is difficult if not impossible to know in advance the total cost of the representation, which makes budgeting a challenge.
The flat fee allows you to budget for the cost of legal representation while also allowing more payment options. During your initial consultation with an immigration attorney, you can ask for the attorney's price list, which will show you the flat cost associated with the service the attorney intends to provide to you. (Also see How Expensive Is an Immigration Lawyer?.)
For example, the attorney’s flat fee for a green card case based on marriage where the spouse already resides in the United States might be $4,500. If the cost is too high for you, you can shop around for a more affordable attorney, or make plans to wait to file for the green card until you have enough money saved. You might also ask the attorney whether you can pay via credit card, or whether you can break up the cost by paying an initial fee of $2,000 and a second payment of $2,500 when the attorney is ready to file the green card application.
Clients often to prefer the flat fee over the hourly fee because there is one simple cost associated with the legal representation. Clients also tend to feel as though they get more for their money in a fixed fee arrangement. However, there are situations in which an hourly fee arrangement for an immigration case could be a better option.
Though the flat fee is typically a more desirable fee arrangement in immigration cases, there are situations when being billed by the hour could save you money. Perhaps the best example is if you are able to competently complete the immigration application form on your own (pro se) and merely need an attorney to provide you with some guidance.
For example: Let's say are a U.S. citizen who married an immigrant. You would like to apply for a green card for your spouse. You speak and write English fluently and you have a good understanding of the green card application. You are able to fill it out on your own and your spouse already organized all her immigration paperwork, including birth and marriage records and other evidence. However, you would like an immigration attorney to make sure that your application is complete and that you haven't overlooked any trouble spots in your case. You would also like to meet with an attorney so you and your spouse can be prepared for the green card interview.
While an immigration attorney might charge $4,500 for a full green card case, the attorney might charge an hourly fee of $300. To look over your paperwork and give you information about the green card interview process may only take a few hours of the attorney’s time. In this situation, or one like it, an hourly fee arrangement could be more cost effective.
An immigration lawyer is more likely to offer a flat fee arrangement for a family immigration case than for a criminal immigration case involving court appearances, like a deportation case. However, some immigration attorneys advertise that they always offer a flat fee for services, regardless of the type of immigration case.
Keep in mind, though, that if your case is unique, complex, or if there is no end in sight regarding the scope of your immigration case, you likely will have to pay by the hour.
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