What does an immigration lawyer do?
Immigration attorneys help people navigate a system that prioritizes paperwork accuracy over fairness. Their job is to figure out the right legal category for your situation, file the right forms in the right order, and respond when the government issues a Request for Evidence (RFE), Notice to Appear (NTA), or denial. They also represent people in immigration court if removal is at stake.
The most common immigration cases are:
- Family-based green cards (spouse, parent, child, sibling)
- Employment-based visas and green cards (H-1B, L-1, O-1, EB-1, EB-2, EB-3)
- Naturalization (becoming a US citizen)
- Adjustment of status (changing from visa to green card while in the US)
- Removal/deportation defense (immigration court)
- Asylum and refugee claims
- Investor and entrepreneur visas (E-2, EB-5)
- Waivers (for prior immigration or criminal issues)
How much does an immigration lawyer cost?
Most immigration attorneys charge flat fees by case type. This is good for clients — you know the cost upfront. Expect to also pay separate USCIS filing fees, which are not part of the attorney's fee.
| Case Type | Attorney Flat Fee | USCIS Filing Fees (separate) |
|---|---|---|
| Marriage green card (spouse in US) | $3,000 – $6,000 | $1,760 |
| Marriage green card (consular processing) | $2,500 – $5,000 | $445 + visa fees |
| Family member green card (parent, child) | $2,500 – $5,500 | $1,760 |
| Naturalization (N-400) | $1,000 – $2,500 | $760 |
| H-1B work visa (employer-paid) | $3,000 – $6,000 | $2,805+ |
| O-1 extraordinary ability visa | $5,000 – $10,000 | $1,055 |
| EB-2 NIW (national interest waiver) | $5,000 – $9,000 | $715 + $1,440 |
| Adjustment of status (I-485) | $2,500 – $5,000 | $1,440 |
| Removal/deportation defense | $5,000 – $20,000+ | varies |
| Asylum case | $3,000 – $10,000 | $0 affirmative |
| EB-5 investor visa | $15,000 – $50,000+ | $11,160 |
Filing fees are set by USCIS and change periodically. Verify current fees at uscis.gov before filing. Cheap immigration help is risky: "notarios" and unlicensed consultants are not lawyers, cannot represent you, and have caused thousands of deportations through bad advice.
Family-based green cards: who qualifies?
The US recognizes two family-based categories:
- Immediate relatives of US citizens — spouse, unmarried children under 21, and parents (if the citizen is 21+). No annual cap. Fastest path.
- Family preference categories — adult children, married children, siblings of citizens, and spouses/children of green card holders. Annual caps. Wait times of 2 to 25 years depending on category and country.
For country-specific wait times, check the State Department's monthly Visa Bulletin. People from India, China, Mexico, and the Philippines typically face the longest waits.
Employment-based green cards (EB categories)
- EB-1 — extraordinary ability, outstanding researchers, multinational executives. Fastest, most selective.
- EB-2 — advanced degrees or exceptional ability. NIW (National Interest Waiver) lets some applicants skip the labor certification.
- EB-3 — skilled and professional workers. Requires labor certification (PERM).
- EB-4 — special immigrants (religious workers, juveniles, others).
- EB-5 — investors who invest $800K-$1.05M in US businesses creating 10+ jobs.
Common visas (non-immigrant)
- H-1B — specialty occupation, employer-sponsored. Cap-subject lottery in March each year.
- L-1 — intra-company transferee (executive, manager, specialized knowledge).
- O-1 — extraordinary ability in sciences, arts, business, athletics, education.
- E-1/E-2 — treaty trader / treaty investor (treaty country nationals only).
- F-1 / J-1 — students and exchange visitors.
- K-1 — fiancé(e) of a US citizen.
- U / T / VAWA — victims of crime, trafficking, domestic violence.
If you've received a Notice to Appear or are in removal proceedings
Get an attorney immediately. A Notice to Appear (NTA) starts removal proceedings in immigration court. Defenses include cancellation of removal, asylum, withholding of removal, adjustment of status, waivers, and prosecutorial discretion. Many of these are time-sensitive — and unlike criminal cases, immigration court does not provide a free lawyer.
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Related guides
How Much Does an Immigration Lawyer Cost?
Flat fees, USCIS filing fees, and total cost for every common case type.
Marriage Green Card: Step by Step
The full timeline from I-130 to permanent residence.
H-1B Visa Process Explained
The lottery, the timeline, and the role of your employer.
Naturalization (N-400) Checklist
Eligibility, documents, the test, and the interview.
EB-2 NIW Self-Petition
The national interest waiver: who qualifies and how to file without an employer.
How Asylum Works
Affirmative vs defensive asylum, the one-year deadline, and what to expect.