Cost of The I-130 Family Immigration Petition: Lawyer & Filing Fees

Learn about the costs of the I-130 petition process used to initiate a family member's application for a green card.

Form I-130 Petition for Alien Relative is the form a U.S. citizen or lawful permanent resident submits to U.S. Citizenship and Immigration Services (USCIS) when he or she wants to sponsor a qualified relative for permanent residence (a green card) in the United States. See "The I-130 Petition: Information for Family Sponsors", for information on the general process and rules.

The costs associated with filing an I-130 petition will vary depending on how many relatives you wish to sponsor and whether or not you decide to use the help of an immigration attorney. Additional fees may apply if the foreign-born relative is already in the U.S. and eligible to apply for adjustment of status at the same time.

Filing Fees for Form I-130

The filing fee for the I-130 petition is currently (as of 2016) set at $420. If you are sponsoring more than one family member who qualifies as an “immediate relative,” you will have to file a separate I-130 petition and filing fee for each individual. An “immediate relative” is the spouse or unmarried child under the age of 21 of a U.S. citizen.

If you are a permanent resident sponsoring more than one relative, you are not required to file a separate I-130 petition for each relative who qualifies as a “derivative.” A derivative relative would include the children of your foreign national spouse. For more information on who qualifies for derivative relative status, see "Derivative Immigration Status For Family Members of Immigrating Aliens."

The I-130 petition filing fee is subject to change, as USCIS raises its fees on a fairly regular basis. You should always check the USCIS Web page for Form I-130 to confirm the fee before you file. You can also find out the current filing fee by calling the USCIS National Customer Service Center at 1-800-375-5283.

If your relative(s) is eligible to file for adjustment of status and chooses to submit this application with the I-130 petition, there will be an additional filing fee. Form I-485 Application to Register Permanent Residence or Adjust Status is used for this process; more information about the filing fees associated with it can be found on the USCIS website.

Note, however, that not every immigrant who is in the U.S. is eligible to apply for a green card through the adjustment of status procedure. In particular, those who last entered the U.S. without inspection will more likely have to use the other application procedure, "consular processing," which involves traveling to a U.S. consulate in the applicant's home country. See our article on "Adjustment of Status" for details.

Immigration Attorney Fees

When you first meet with an attorney, you will almost always have to pay a consultation fee. A consultation fee can range anywhere from $50 to several hundred dollars depending on where the attorney is located and the size of the firm he or she works for.  At this stage of the process, you should always ask the attorney whether the consultation fee will be deducted from the final bill if you decide to retain his or her services.

Most attorneys will charge you a flat fee for preparing an I-130 petition. An average flat fee for the entire I-130 process can be anywhere from $800 to $1,500. This amount may be more if you are sponsoring more than one relative or if your relative is filing for adjustment of status at the same time and wishes to have the attorney assist in that process. An attorney will generally perform the following services for a flat fee:

  • Preparing the I-130 form.
  • Assembling the documents that need to be submitted with the I-130 form.
  • Drafting affidavits, if needed.
  • Drafting a legal memo for more complicated cases, where needed; and
  • Preparing and submitting a response to a Request for Evidence (RFE).

A flat fee is generally a good deal, particularly if you have a complicated case that requires a lot of documentation.

Some attorneys may charge you an hourly rate. This may be a better option for you if you are sponsoring only one relative, who has a very straightforward case; or if you have already completed the I-130 petition on your own and you simply want the attorney to review it.

The downside to being charged hourly is that your fee will be less predictable and, depending on your case, you may end up spending more money than you would have if you had paid a flat fee. For example, If you prepared your own petition and there are lots of mistakes, it is possible the attorney may spend more time fixing your work than if he or she had started the petition from scratch.

It is always a good idea to contact several attorneys to ask about their fees before you schedule your consultation. No matter what, make sure you select an attorney you feel comfortable with.

See more information on using an immigration attorney.

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