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.

Question

I am considering applying for asylum in the United States, because I fear returning to my country, but I'm not sure I can afford it. How expensive it is to apply for asylum?

Answer

Let's break this down into different types of costs.

USCIS Application Fee

Before going into the specifics on the various fees for hiring an attorney for your case, let's discuss whether the government will charge an application fee to apply for asylum. Until now, there has been no fee. The Trump Administration tried to institute one; but for now, that has been blocked. So until further notice, you need not pay a fee 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 an Attorney

If you do plan on hiring an attorney; which is advisable, given the complexities of the application process and the importance of attaching extensive supporting documentation; the fee will depend on numerous factors.

These include the attorney's experience and reputation, the time and labor required in your case, the normal fee for a comparable case in the city or region where you live, and any time limitations affecting your case. A complex 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, or where you've got only one week left until the one-year deadline to submit your 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. A late application will cost extra, for example, because the attorney will need to help explain why you had a good reason for missing the one-year deadline (as described in Can I Still Apply for Asylum After the One-Year Filing Deadline?).

And if 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), the fees are likely to be higher than if you were submitting an affirmative application to USCIS.

If your case is denied by the Immigration Court but you want to appeal (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.

If You Can't Afford an Attorney

If you cannot afford to hire an 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 may 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. If you are in immigration proceedings and require an expert witness, you would likely have to pay the expert. Also, there might be fees for the translation of foreign documents. If you are appealing your asylum case, there will likely be applicable court fees, as well.

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