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Opinion

How to minimize immigration fees and costs

US IMMIGRATION NOTES - Atty Marco F.G. Tomakin - The Freeman

One of the questions I often get from clients is “how much will this petition or application cost me?” This is a very important question and must be addressed at the earliest time possible so the petitioner or applicant will be prepared financially.

And prepare they must. A standalone I-130 petition costs about $535 in filing fee while a greencard application requires $1,225 and a naturalization applicant has to pay $725. These fees don’t include medical exam fees, NVC fees, greencard fee, attorney’s fees, and other incidental expenses.

After all expenses are computed, clients are usually taken aback. Most react negatively to the total costs and this prevents them from filing the petition or application.

I always tell my clients not to let the USCIS fees and costs prevent them from filing. There are ways to minimize or lessen the impact of the expenses. Here are some suggestions:

1.) Approach the financial dilemma by changing your perspective. Think of the filing fees as an investment in your family’s future. The costs may be high now but if you consider its rewards such as family unity, permanent residency, or American citizenship, the latter far outweighs the former. In time, you will be able to recoup all your expenses once you are working legally or have enjoyed the rights and benefits granted US citizens.

2.) Check your petition or application if USCIS allows for a waiver of filing fees. There are specific instances when a waiver of fees is allowed.

3.) If your petition or application qualifies for a fee waiver, check if your own circumstances also qualify. Typically, you would have to prove you need financial assistance by submitting your payslips, tax returns, affidavits from your employer, family and friends who personally know your financial incapacity.

4.) Arrange with your lawyer for structured or installment of his professional fees. While USCIS fees cannot be paid by installment, your lawyer may allow a payment plan you can mutually agree on.

5.) Seek out help from legal aid groups. Check your area if there are organizations offering reduced fee, pro bono, or free legal assistance to immigrant communities. Local church groups, law schools, refugee centers, ethnic or nationality-based organizations are examples.

6.) Be wary of help from friends. While they are well-intentioned, soliciting help from a friend often leads to more problems later on. And under no circumstances should you hire non-lawyers posing as immigration consultants or specialists to take on your case for a lower fee than what an immigration attorney would normally charge. These so-called experts don’t have accountability as they don’t answer to any professional Bar rules or government sanctions.

7.) Save for it. Depending on the urgency of your case, if it’s something that can be done a few weeks or months after you have known the total cost, make sure you have time to save for it. You and your immigration attorney can plan thoroughly how you prepare your documents as well as your money for the costs.

Fees alone should not discourage anyone from filing an application or petition. Remember, the benefits are greater than the initial sting of having to pay for the fees. [email protected]

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