David Lin, Immigration Attorney, Fee Chart
Filing Fees and Attorney Fees Overview
Filing fees are charges set by the United States Citizenship
and Immigration Services (USCIS) that cover the cost of processing immigration
petitions and applications, as well as other pre-determined procedures.
The initial filing fee must be received by me before I
submit your application or petition to the USCIS.
Attorney fees are what I charge for the professional
services I provide to you.
The initial attorney fee is due when an agreement is reached
for me to represent you.
Fees due upon approval, if applicable, are paid when your
petition or application is approved by the USCIS.
All fees are educated estimates
and may vary depending upon the difficulty and specific facts of each
individual case. I will, however, always
present the fees to you up front and in writing so that there are no surprises.
Filing Fees and Attorney Fees Structure
The fees quoted below for family, employment-based
immigration, and investment-based immigration are for the petition process
only. When the petition is approved by
the USCIS it means you are then eligible under U.S. immigration law to apply
for permanent residency. At that point,
you will need to engage in one of two processes—Consular Processing or
Adjustment of Status—to obtain permanent residency status. Those procedures have both filing and
attorney fees separate from the immigration petitions.
Filing fees for various
Immigration petitions and Adjustment of Status applications are listed below.
Family Immigration:
Petition for Alien Relative--Immediate Relative (I-130) Filing Fee: $355
Attorney fee:
$888
*If you are
a United States citizen petitioning on behalf of your spouse or an unmarried
child or children, or one or both parents, a petition is required for each
person, and the filing and attorney fees apply to each individual petition.
All other I-130 Petitions Filing Fee: $355
Attorney fee:
$1,168
*Please note in these instances, the spouse and the children of the person on whose
behalf you are petitioning may also be covered at no additional charge.
Petition for Widow or Widower (I-360) Filing Fee: $375
Attorney fee:
$1,168
*The
attorney fee for this category may be negotiable if as a widow or widower you
are currently under financial hardship.
Battered/Abused Spouses, Parents or Child(ren) of I-360
U.S. Citizens or Permanent Residents Filing Fee: $0.
Attorney Fee: Pay what you can afford.**
**I may consider waiving my fee if you are currently under financial hardship and only if the abuse is thoroughly documented by social workers and/or
police. Although the attorney fee may be waived, you may still be responsible for the filing fees (but not
attorney fees) relating to the subsequent Adjustment of Status application if USCIS does not grant fee waiver.
Employment-Based Immigration:
Immigrant Petition for Alien Worker (I-140) Filing Fee: $475
Attorney Fee:
$2,500 initially plus an additional $2,000 upon approval of the petition
*These fees
are also applicable to petitions for:
Persons
of extraordinary ability
Outstanding
professors or researchers
Executives
or managers of multinational companies
*Workers
with advanced academic degrees
*Professional
workers
*Specifically
skilled workers
*Note: While I do not charge additional attorney
fees for Labor Certification or an Application for a National Interest Waiver
when I prepare your I-140 application, you will be responsible for the costs of
other required documentations which include, but are not limited to, credential
evaluation and advertising fees.
Investment-Based Immigration (EB-5):
Investment Petition by Alien Entrepreneur (I-526) Filng
Fee: $1,435
Attorney Fee:
$5,000
*There
are two forms of investment-based immigration—traditional and regional center
(“pilot”) programs. Extra professional
fees will be involved. Please contact me
for more information.
Adjustment of Status:
Adjustment of Status refers to a procedure that allows
foreign nationals already in the United States to become permanent residents
without having to leave the U.S. This
procedure is in addition to the petition processes listed above.
To gain permanent residency you must initiate the Adjustment
of Status process or a procedure known as Consular Processing. The Adjustment of Status procedure is an
alternative to the traditional Consular Processing wherein application for an
immigrant visa is filed at a consular post abroad.
There are three striking benefits to choosing the Adjustment
of Status procedure that include:
1. As
an Adjustment of Status applicant you avoid the expense and inconvenience of
travel to your home country to apply for an immigrant visa.
2. Adjustment
of Status applicants, including dependent family members, are entitled to
employment authorization and permission to travel while the Adjustment of
Status application is pending.
3. Employment-based
Adjustment of Status applicants enjoy job mobility.
Adjustment of Status Filing Fee (I-485) for Applicants
Over the Age of 14: $1,010
*Note: The $1,010 filing fee includes necessary
filing fees for the applications for employment authorization (I-765) and
advance parole (I-131,) and as of 2007 this filing fee amount is required even
if you decide not to submit the employment authorization or advance parole
applications with the Adjustment of Status application.
Adjustment of Status (I-485) (for applicants under
the age of 14 if filed with the application of at least one parent)
Filing Fee: $600
Adjustment of Status (I-485) (for applicants under
the age of 14 if filed without the application of at least one parent)
Filing Fee: $930
Attorney Fee: I usually charge
$1,000 for this service. However, for family-related immigration clients, this fee is negotiable if you use me for other related immigration services.
Conditional Residence Removal:
A person is granted a two-year conditional residency if he
or she gains residency status based on a marriage of less than two years. Likewise, a person is granted a two-year
conditional residency when he or she gains residency via an investment-based
petition.
During the two years, the conditional resident has the same
rights and responsibilities as other permanent residents, including the right
to live and work in the U.S. and to file petitions or behalf of certain
relatives. However, at the conclusion of
the two years, the conditional resident must apply for the removal of his or her
conditional status in order to become a full-fledged permanent resident.
Petition to Remove the Conditions of Residence (I-751)
Filing Fee: $545
Attorney Fee:
$1,168
Petition by Entrepreneur to Remove Conditions of
Residence (I-829) Filing Fee: $2,930
Attorney Fee: $3,312 initially plus $1,688 upon approval of
the petition
Citizenship and Naturalization Services:
I encourage all eligible persons to apply for
citizenship. U.S. citizenship provides
many benefits, 
some of which include:
- ·
The ability to apply for immigration for family
members who do not have green cards
- ·
The ability to travel abroad without worrying
about re-entry permits or the fear of losing legal status
- ·
The convenience of not having to renew lawful
citizen status
- ·
The eligibility to work for the federal
government and apply for certain state jobs
Application for Naturalization (N-400) Filing Fee: $675
Attorney Fee:
$600**
**As
incentive to help you naturalize and become a U.S. citizen, I will forgo 50%
of the attorney fee for this application if you file in a timely manner. I will charge only the filing fee and an
attorney fee of $300 for this transaction provided there are no criminal or
admissibility issues involved.
Certificate of Citizenship Services:
The Certificate of Citizenship is a document issued by the
U.S. government as proof that a person is a U.S. citizen. For example, an individual under the age of
18 who obtains U.S. citizenship as a result of his or her parents becoming U.S.
citizens by way of naturalization (commonly known as a “derivative
citizen”,) or by being born outside the United States to U.S. citizen parents,
can apply for a Certificate of Citizenship as proof of legal U.S. citizen
status.
Application of Certificate of Citizenship (N-600/ N-600K) Filing
Fee: $460
Attorney Fee:
$1,000 initially plus $888 upon the approval of the application
Note: I usually
advise a “derivative citizen” to get a U.S. passport as proof of
citizenship. It is faster and less
expensive than obtaining a Certificate of Citizenship. A U.S. passport qualifies as proof of U.S.
citizenship for almost all purposes.
However, there are exceptions, like applying for a government job or
public assistance benefits. In those
instances, even with a U.S. passport, a Certificate of Citizenship would be
required.
There have been reported instances of passport clerks
requiring a Certificate of Citizenship from a “derivative citizen” before
issuing a passport. This behavior is
incorrect. If you are a “derivative citizen”
and this happens to you, the best course of action is to ask for a supervisor
at the passport office. You do not need
the Certificate of Citizenship to obtain the passport, but you do need to
provide the following:
1. A
copy of your parent’s naturalization certificate
2. A
copy of your birth certificate or adoption papers showing that the naturalized
person is your parent
3. A
copy of your green card
4. Proof,
like school or medical records, that you live with your parent
For your convenience, you may
make a photocopy of the parent’s Certificate of Naturalization to file with
your documents when obtaining a passport.
While the Certificate states that it is illegal to photocopy it, doing
so for the sole purpose of obtaining your passport is permitted. You will, however, need to take the original
Certificate with you so that the passport clerk can compare the original to the
photocopy.
Non-Immigrant Visa / Status Services:
H-1B Special Occupation Workers Filing Fees:
$320 for
I-129 application
$500 for Fraud
Prevention fees (if applicable)
$750 ACWIA
fees (under 26 employees)
$1500 ACWIA
fees (over 26 employees)
Attorney fee: $1888
Extra professional fees: Extra professional fees will be charged for cases in which credential evaluation is needed or a recruitment process is required.
E-1/E-2 Treaty Traders/ Investors (I-129) Filing Fee: $320
Attorney Fee: $2888
Extra professional fees: Extra
professional fees will be charged for cases involving the drafting of a
business plan as a support document for the petition. Other filing fees will be involved if you
choose consular processing. Please contact me for more information.
L Intra-Company Transfer Filing Fees:
$320
for I-129 application
$500
for Fraud Prevention fees (if applicable)
Attorney Fee: $1,888 initially plus an additional $1,688 upon
approval of the petition
Extra professional fees:
Extra professional fees will be charged for cases involving newly open
offices.
F-1 Students (I-539) Filing Fee: $300
Attorney Fee: $888
B-1/2 Visitors (I-539)
Filing Fee: $300
Attorney Fee: $888
B/E/F/H/L Dependent Petitions (I-539) Filing Fee: $300
Attorney Fee: $500 for the
spouse's petition and $300 for each child's petition.
K-1 Fiancé/ Fiancée Visa (I-129F) Filing Fee: $455 (excluding consular processing fees)
Attorney Fee: $1500 (including assistance with consular application forms)
K-3 Spouse Visa (I-129F) Filing Fee: $0 (excluding applicable consular processing fees)
Attorney Fee: $1500 (including assistance with consular application forms)
Understanding The Fees:
While I make every attempt to keep the fee schedule
current and relevant, the fees may require adjustment based on extraordinary
circumstances. If you believe your
circumstances do not fall within the guidelines as listed, please contact me
directly to discuss your situation. My
goal is that you have a clear understanding of all costs. I don’t believe in surprises, and neither
should you. Open communication regarding
every aspect of your case, including fees, is a priority for me.