When someone from another country is trying to get a U.S. green card but finds out they’re not eligible, they might consider applying for a waiver. One common question they have is how much it will cost to hire an immigration attorney to help with the I-601 waiver application. This guide will explain why having an attorney is important and outline the costs involved.
The Importance of the I-601 Waiver
As applicants work toward obtaining a green card, which grants them legal permission to permanently reside in the United States, they may occasionally need a “waiver of inadmissibility.” This waiver requests a pardon for various reasons that make the applicant ineligible to enter or live in the United States through a green card.
Often, applicants need the waiver because they have violated the Immigration and Nationality Act and must leave for three or ten years if they apply for a visa or green card interview at a U.S. consulate. As a result, it becomes necessary to understand the essence of the I-601 waiver for people seeking legal status in the United States community.
The Concerns About Attorney Fees
Of course, such an approach raises concerns about the additional expenses that applicants might bear to afford the services of an attorney to submit the waiver application. It can be shocking for people to realize that the attorney’s fee for the waiver often equals or exceeds the basic application fee for U.S. lawful residence. Therefore, let’s explore why this is the case and what services a competent attorney should provide in exchange for their fee.
A Multifaceted Approach
However, most people tend to think that preparing a waiver application is a simple task that entails doing a lot of writing, from the application form itself to a cover letter.
It is a complex process that is not just limited to writing an application and a cover letter for the application. Think of it as telling a big story of your life, your family, and all the important details as they form a detailed plot of life.
Detailed Scenarios and Extreme Hardship
To draft a strong waiver application, clients and attorneys need to address several key considerations, which can be broken down into two main sets of circumstances. These scenarios revolve around assessing the potential extreme hardship that would befall your qualifying U. S. relatives if the waiver were to be denied:
- Relocation of the Entire Family: In this scenario, the attorney assesses which specific relatives in the United States such as spouses, parents, or, in some cases, children would suffer hardship if the entire family had to move back to the immigrant’s home country.
- Immigrant’s Solo Relocation: In this context, the attorney determines which close relatives in the U.S. would likely face extreme hardship if the immigrant returned alone to their country of origin.
- First, assess the level of difficulty based on the number of qualifying family members with migration prospects in the United States and the various scenarios in which the applicant may experience hardship. Therefore, it may be important for the attorney to take several approaches and present to the USCIS several cases for consideration.
In-Depth Consultations
To assess your specific case, the attorney will engage in consultations both with the U. S. citizen or permanent resident filing the petition (the “petitioner” in legal jargon) and with the person who wants to immigrate to the United States – the “beneficiary”. These meetings aim at confirming whether the beneficiary meets the basic requirements for a waiver entailing having “qualifying relatives” in the United States. Consider these factors both individually and together to ensure that all vital aspects are discussed thoroughly and comfortably.
Managing the Paperwork
The attorney’s responsibilities in preparing the waiver application extend to managing a variety of paperwork tasks, including:
- Compile a list of the remaining documents that should accompany the application, as well as any photos that may be included.
- Collecting information on the climate in the immigrant’s home country to compile evidence in the form of developing backup materials for the hardship claim, which include articles from local newspapers or immigrant publications, and government reports from the US, among other related documents that would support this claim.
- Assisting in the gain of statements from professionals inclusive of psychologists and doctors who treated the U.S. qualifying relatives concerning disorders concerning the hardship claim.
- Preparing affidavits from persons such as friends, relatives, teachers, or employers who would give vital information that could add credence to the request for waiver.
- Individual successfully prepared one clear and detailed summary that synthesizes the evidence and explains why the foreign-born applicant should be granted a waiver of inadmissibility.
Fee Structure
The fee can be reasonable depending on the cases and the lawyers are likely to choose an hourly billing system since the proceedings of the I-601 waiver application can be lengthy and difficult to determine. It may cost as low as $100 per hour for basic services, and the rates are even higher for such business locations as NY, LA, and other large cities.
In summary, an applicant can expect to spend between $3,500 and $11,000 to prepare the I-601 waiver application, excluding other legal service fees, the application fee, and any additional associated costs.
As much as the appearance may warrant otherwise, gaining the services of a credible lawyer will greatly help in the preparation of a persuasive I-601 waiver application. Comparing the cost of the investment to the operations and challenges of dealing with immigration often shows that it is worthwhile.
The intricate nature of the waiver process necessitates comprehensive services that go beyond form completion, making the expertise of an attorney invaluable in navigating these complexities.
What factors influence the attorney fees for an I-601 waiver application
Several factors influence the attorney fees for an I-601 waiver application, which can vary significantly based on individual circumstances. Here’s a summary of the key considerations:
1. Complexity of the Case
- The more complicated your case, the higher the fees may be. Cases involving multiple grounds of inadmissibility or requiring extensive documentation typically incur higher costs. Attorneys may need to explore various scenarios regarding the potential hardship faced by qualifying relatives, which can require more time and effort.
2. Attorney’s Experience
- Experienced attorneys often charge more due to their expertise and track record in handling similar cases. While higher fees might seem daunting, hiring a knowledgeable attorney can increase your chances of a successful outcome, making it a worthwhile investment.
3. Geographic Location
- Fees can vary based on the attorney’s location. Attorneys in major metropolitan areas generally charge higher rates compared to those in smaller towns or rural areas due to differences in living costs and demand for legal services.
4. Additional Services
- Some attorneys offer package deals that include additional services such as document translation, expedited filing, or comprehensive support throughout the entire immigration process. These added services can increase the overall cost but may provide valuable assistance in navigating complex immigration procedures.
5. Payment Structure
- Attorneys may charge either a flat fee or an hourly rate. Flat fees provide clarity on costs upfront, while hourly rates can lead to variable total costs depending on how much time the attorney spends on your case. Hourly rates typically start around $100 and can be significantly higher in urban areas.
6. Court Proceedings
- Being involved in removal proceedings or facing other legal complications increases the complexity of your case, which can raise attorney fees due to the additional work required to address these issues.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an F-1 Student Visa or B-1/B-2 Visitor Visa, we handle every step from preparing your application to gathering the required documents.
Our immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to do the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
