Key points
- The total cost of an immigration case usually has two parts: the lawyer's fee, and government filing fees that USCIS sets and publishes in its fee schedule, Form G-1055.[1]
- USCIS rejects an application sent with the wrong fee, so check the schedule on the day you file; it published a new edition on October 28, 2026.[1][2]
- A federal lawsuit, such as a mandamus case over a delayed application, carries a $350 court filing fee plus a $55 administrative fee; a habeas corpus petition costs $5 to file.[3][4]
- In New York, a lawyer who charges a fee generally has to give the client a written letter of engagement explaining the scope of the work, the fees, expenses and billing practices.[5][6]
- A fee waiver from USCIS, where one is available, covers certain government fees only, not what a lawyer charges.[7]
There is no single price for an immigration lawyer. What you pay depends on the kind of case, how much work it needs and how the lawyer bills, and the total cost of a case usually comes in two separate parts: the lawyer's fee, and government filing fees that USCIS sets in its fee schedule, Form G-1055.[1] A good fee quote keeps those two apart and says in writing exactly what work the legal fee covers.
Two different bills: the lawyer's fee and the government's fees
The legal fee is what you pay the lawyer for advice, preparing forms and evidence, and representing you. The lawyer sets it. Some lawyers charge a flat fee for a defined piece of work; others bill by the hour, or combine the two. Joya Law Firm's own FAQ says some of its services are offered at flat rates, while others may involve additional fees depending on the work a case needs.
Government filing fees are paid to the agency, not to the lawyer. USCIS says to use Form G-1055, its fee schedule, to verify the fee for each form.[1] Each application has to come with the correct fee unless you are exempt or eligible for a fee waiver, and an application with an incorrect fee is rejected.[1] The schedule changes: USCIS published a new edition on October 28, 2026.[2] That is why this guide links to the schedule instead of repeating amounts that may be out of date by the time you file.
How you pay the government has changed too. USCIS no longer accepts personal or business checks, money orders or cashier's checks for forms filed on paper unless you qualify for an exemption; it takes card payments or payments from a U.S. bank account instead.[8]
When a case goes to federal court
Some immigration problems end up in a federal district court, for example a lawsuit asking a judge to order USCIS to decide an application that has been delayed for a long time. The court charges its own fees. The filing fee for a civil action is $350.[3] The Judicial Conference adds a $55 administrative fee for filing a civil action.[4] A petition for a writ of habeas corpus, which challenges detention, has a $5 filing fee, and the $55 administrative fee does not apply to it.[3][4] These court fees are separate from whatever a lawyer charges for preparing and handling the case. The options for a delayed case compares a lawsuit with the cheaper steps that come first.
Fee waivers
If you cannot afford a USCIS fee, check whether your form is one that can be waived. USCIS uses Form I-912 for fee waiver requests based on a demonstrated inability to pay, for certain forms and services only, and says it cannot waive fees required by H.R. 1, the One Big Beautiful Bill Act.[7] A fee waiver covers the government fee. It does not reduce a lawyer's fee. If the legal fee is the obstacle, free and low-cost immigration legal help explains where non-profit and pro bono help can be found.
What a clear fee quote should include
Two quotes with the same total can cover very different work. Before you compare prices, make sure each quote answers these points in writing:
- Scope. Which forms, petitions, interviews or hearings the fee covers, and for whom (you alone, or also a spouse or children).
- What is not covered. Answering a Request for Evidence or Notice of Intent to Deny, a second interview, an appeal or motion, or a court case if one becomes necessary. Ask what each of these would cost if it happens.
- How the fee is charged. Flat or hourly, when payments are due, and what happens to money already paid if you end the case early.
- Government fees, listed separately. Which filing fees the case is expected to need, who pays them and when, with the understanding that the amount is whatever the USCIS schedule says on the day of filing.[1]
- Other expenses. Certified translations, copies of records from other agencies or courts, courier costs and similar items.
- Who does the work. Which attorney is responsible for the case, and which parts are handled by paralegals or other staff.
Get the terms in writing
A lawyer admitted to practice in New York is subject to New York's disciplinary authority wherever the lawyer's conduct occurs.[9] New York's Rules of Professional Conduct say a lawyer has to tell the client the scope of the representation and the basis or rate of the fee and expenses the client will pay, before or within a reasonable time after the work begins.[10] New York's court rules also call for a written letter of engagement before the representation starts, covering the scope of the services, the fees, expenses and billing practices, and, where it applies, the client's right to arbitrate a fee dispute.[5][6] There are exceptions, including a fee expected to be under $3,000 and some lawyers with no New York office.[11] Attorney Kamran Joya of Joya Law Firm is admitted in New York; in California, the firm practices federal immigration law only.
Wherever your lawyer is admitted, a written agreement is the simplest way to avoid a dispute later about what was included.
Questions to ask before you sign
- Is this a flat fee or hourly, and what exactly does it cover?
- Are the government filing fees included in this number, or separate?
- What happens to the fee if USCIS asks for more evidence, schedules a second interview, or refers the case to immigration court?
- Who will work on my case, and how will I hear about progress? What changes after you hire a lawyer covers what to expect.
- If I stop the case partway, what do I owe and what is refunded?
Not sure a lawyer is needed at all? Do I need an immigration lawyer? separates the filings many people handle themselves from the situations where advice matters most. Before paying anyone, check that they are allowed to represent you.
Common questions
Does a lawyer's fee include the USCIS filing fees?
Not necessarily. Government filing fees go to USCIS and are set in its fee schedule, Form G-1055, while the lawyer's fee is set by the lawyer.[1] Some quotes list both; many list only the legal fee. Ask for the two to be shown separately, and check the government amount against the schedule on the day you file, because USCIS rejects an application sent with an incorrect fee.[1]
How much does it cost to file a mandamus lawsuit in federal court?
The court's own charges are a $350 filing fee for a civil action plus a $55 administrative fee set by the Judicial Conference's fee schedule.[3][4] Those are separate from any lawyer's fee. A habeas corpus petition has a $5 filing fee, and the $55 administrative fee does not apply to it.[3][4]
Can USCIS waive my filing fee?
For certain forms, yes. USCIS uses Form I-912 for fee waiver requests based on a demonstrated inability to pay, and it lists which forms and services are eligible.[7] USCIS also says it cannot waive any fees required by H.R. 1, the One Big Beautiful Bill Act.[7] A waiver of the government fee does not change what a lawyer charges.
Should I get the fee agreement in writing?
Yes. New York's court rules require a lawyer who charges a fee to give the client a written letter of engagement that explains the scope of the services, the fees, expenses and billing practices, with some exceptions such as fees expected to be under $3,000.[5][6][11] Even where no rule requires it, a written agreement protects both sides.
Why do quotes for the same kind of case differ so much?
Because the work differs. A case with an earlier denial, a gap in status, an arrest record or a pending court case usually needs more research and more evidence than a first-time filing. Whether the quote covers follow-up work, such as answering a Request for Evidence or attending an interview, also changes the number. Compare what each quote covers, not only the total.
Sources
- USCIS, Form G-1055, Fee Schedule — uscis.gov
- USCIS, Form G-1055, Fee Schedule (alert) — uscis.gov
- 28 U.S.C. § 1914(a) — Legal Information Institute, Cornell Law School
- U.S. Courts, District Court Miscellaneous Fee Schedule — uscourts.gov
- 22 NYCRR § 1215.1(a) — Legal Information Institute, Cornell Law School
- 22 NYCRR § 1215.1(b) — Legal Information Institute, Cornell Law School
- USCIS, Form I-912, Request for Fee Waiver — uscis.gov
- USCIS, Calculate Your Fees — uscis.gov
- N.Y. Rules of Professional Conduct, Rule 8.5(a) (22 NYCRR Part 1200) — Legal Information Institute, Cornell Law School
- N.Y. Rules of Professional Conduct, Rule 1.5(b) (22 NYCRR Part 1200) — Legal Information Institute, Cornell Law School
- 22 NYCRR § 1215.2 — Legal Information Institute, Cornell Law School