Applying for U.S. Asylum: How Much Will It Cost?

Expect to pay not only the attorney's fee, but for other costs associated with preparing an asylum case such as a psych evaluation and expert witness services.

By , J.D. · University of Washington School of Law

If you are considering applying for asylum in the United States, because you fear returning to my country, expense is no doubt on your mind. Let's break down the different types of costs associated with preparing and submitting an asylum application.

USCIS Application Fee

Unlike with many other immigration applications, you need not pay an application fee to the U.S. government in order to apply for asylum. For tips on filling out the required form (the Asylum and Withholding of Removal Application), see Filling Out Form I-589 Application for Asylum.

Fees for Hiring a Lawyer for an Asylum Case

Hiring an attorney is advisable, given the complexities of the asylum application process and the importance of attaching extensive supporting documentation. The asylum lawyer's fee will depend on numerous factors, including:

  • the attorney's experience and reputation with asylum cases
  • the time and labor required to prepare and present your case
  • the normal lawyer's fee for a comparable asylum case in the city or region where you live, and
  • any time limitations affecting your asylum case.

A complex asylum case, for example, where the attorney must help you argue that you were not firmly resettled in a third country or did not persecute others (both of which are bars to asylum), or where you've got only one week left until the one-year deadline to submit your I-589 application, might cost thousands of dollar more than a straightforward one.

Also, keep in mind that attorney fees depend in part on the procedural stage at which you are requesting asylum. An affirmative application to USCIS will cost less than one where you are in removal proceedings before an immigration judge (where the attorney will have to prepare written motions and legal briefs in addition to the rest of the evidence, and likely appear in immigration court several times)

For an affirmative application, the attorney might even charge a flat fee, with the reported average somewhere between $3,500 and $8,000. Some attorneys also charge flat fees for removal proceedings, but these will be higher at the outset (more in the neighborhood of $8,000 to $15,000) or the attorney might charge an hourly rate, due to the unpredictability of hours spent in court hearings and so on).

If your case is denied by the Immigration Court but you want to file one or more appeals (first to the Board of Immigration Appeals, then possibly to the federal circuit court of appeals, and ultimately perhaps to the U.S. Supreme Court), you will need to separately pay the attorney for those services.

Finding an Attorney If You Can't Afford the Usual Fees for an Asylum Case

If you cannot afford to hire an asylum attorney, there are nonprofit organizations throughout the U.S. that offer these services for free or at a reduced cost. "Nonprofit" means that they raise their own funds in order to help people, mostly from individual donors and foundations rather than the U.S. government (which makes it difficult to obtain funding if the organization represents undocumented immigrants, which most nonprofits cannot help but do).

The immigration court maintains a list of organizations and attorneys qualified under the regulation to provide free or low-cost legal services. However, because demand for such services is high, you may find that you have to call many nonprofits before finding one that has the space to help you. Do not wait until the last minute to start asking around!

Further, although it is up to the attorney you ask, some attorneys might decide to provide volunteer, pro bono services.

Other Fees When Applying for Asylum

The application and attorney's fees might not be your only costs.

For starters, the attorney will likely require you to separately pay for costs of incidental things like mailing, photocopying, attorney phone calls on your behalf, and so forth. (Check the contract you sign for the attorney's services for details on this.)

If the attorney recommends that you have a separate medical or psychological evaluation, you would likely have to pay for this, as well. Such exams can be important in, for example, proving that your injuries are consistent with known torture practices, or indicating that you have symptoms of PTSD (post-traumatic stress disorder) consistent with having been imprisoned, harassed, or otherwise persecuted.

If you are in immigration proceedings and your case can be strengthened by an expert witness testifying or preparing a report on your behalf, you would likely have to pay the expert. The witnesses testimony might, for example, be important in establishing country conditions or providing little-known details about your minority religion, opposition political party, and the like.

Also, there might be fees for the translation of foreign documents.

Next Steps

The best way to keep your asylum costs low is to avoid waiting until the last minute to find an attorney, collect needed documents, and take other steps to prepare your case. Rush jobs always cost more, whether it's because of the attorney's time constraints or the need for overnight courier service. For additional relevant tips, see How to Find a Good Immigration Lawyer For Your Case.

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