If you find yourself in need of immigration legal assistance, cost will likely be at the front of your mind. Whether you have a straightforward family-based green card or citizenship application or a complex removal case, fees for legal services can mount quickly! But the cost of going without qualified legal assistance is potentially even higher, as even a seemingly simple mistake could put you at risk for removal or deportation or permanently destroy your hopes of immigrating to the United States.
If you need immigration legal assistance and are having difficulties paying for a private attorney, you might qualify for “pro bono” (free) or what’s sometimes called “low bono” (low cost) immigration assistance. This might take some effort, however, because (unlike in criminal court) the U.S. government will not provide you with a free attorney.
Is Your Income Low Enough to Qualify for No- or Low-Cost Immigration Legal Services?
Most, if not all, free or low-cost immigration assistance providers require you to be low income yourself in order to access their services. What qualifies as low income varies from place to place.
Be prepared to respond to questions and to provide proof of your income at your first appointment. Because there is so much need for immigration legal help, pro bono attorneys typically have more cases than they can handle. Seek help as soon as possible, so that you don’t get caught without assistance, particularly if you’re facing a court date or deadline.
Online Lists of Nonprofit Immigration Service Providers
One of the best resources for finding accredited pro bono immigration service providers is the Executive Office for Immigration Review’s (EOIR) List of Pro Bono Legal Services Providers. You can search by your state and know that any attorney or organization that has made it onto the list has been vetted by the EOIR.
They are not government funded, however. That’s good news in that they operate independently. Like with any lawyer, you can expect them to keep your personal details confidential. Chances are, however, that they’re underfunded, because they have to scramble for donations from the public. Don’t expect a fancy office or instant service!
These nonprofit organizations and attorneys are, however, experienced immigration service providers who often take cases for free or on a sliding scale, for a reduced fee. If you or a loved one is in immigration detention, you should have been provided with the list. If not, ask an Immigration and Customs Enforcement (ICE) officer for one as soon as possible.
Not all nonprofits are on the EOIR List. If you cannot find a nonprofit in your area on the List, also check Immigration Law Help for a state-by-state list of pro bono immigration providers, including nonprofit agencies, religious organizations, law school clinics, and more.
Just because there is a pro bono immigration provider near you does not mean that that organization or attorney takes your specific type of case. Some nonprofits do not take detainees, others only do citizenship cases, or work solely with refugees. The EOIR List and Immigration Law Help website both list what type of case the organization can assist with; however, even if your case type is not listed, you might still want to contact the organization for help: many nonprofits keep their own referral list of local providers who might offer reduced legal fees for your specific immigration matter.
Again, be prepared for demand for these providers’ services to be high. You might have to call several before you find one that has time to work on your case. Definitely don’t wait until the last minute to start calling around.
Other Community Resources for Immigration Lawyer Referrals
Almost every county has a local bar association, meaning a professional group of lawyers. Google yours and see if it has a referral program. While it won’t provide free attorneys, you might be able to find a low-cost immigration attorney this way. Bar associations also have a good grasp of community legal service providers in the area, so they might be able to point you in the right direction if they can’t help directly. Local community organizations such as churches or advocacy groups can also be a useful source for referrals for immigration assistance.
If you’re intending to apply for citizenship, the American Immigration Lawyers Association (AILA) holds nationwide Citizenship Days. If you have a straightforward naturalization application, with no criminal history or complex immigration issues, this is a great way to have a qualified AILA-member attorney assist you in filing your citizenship application.
Beware of Notarios, “Immigration Consultants,” and Other Non-Lawyers!
You might find someone who is not associated with a nonprofit or other organization described above, who nonetheless tells you that they can prepare your forms for a much lower rate than attorneys in the area. This person could be an unlicensed immigration form preparer. These non-attorneys sometimes refer to themselves as ‘immigration consultants,’ or ‘immigration experts.’
In Spanish communities, these people are often referred to as notarios. In Spanish-speaking countries, ‘notario publico’ simply means someone who has had a lot of legal training and might run a legitimate business. But in the United States, notarios are not legitimate sources for legal assistance. They are not attorneys, and are notorious for scamming clients out of money. Even worse, notarios can badly botch immigration applications, leaving their clients in a much worse position than they were before. Many immigrants who try to save money by working with a notario end up paying thousands of dollars to attorneys down the road in an effort to fix what the notario messed up. For more information on notario fraud, or if you have already been scammed, visit stopnotariofraud.org.
To ensure that you do not get scammed, work only with a reputable nonprofit agency (whose staff includes supervising attorneys) or an actual immigration attorney. Only licensed attorneys, or employees known as BIA or DOJ accredited representatives who work for immigration nonprofits, can legally represent someone in an immigration case.
Most attorneys have their law degree on display, but if you're at all uncertain, don’t be afraid to ask for their bar number. You can search “state bar association of (your state)” and find the list of licensed attorneys in your state to double check.
An inability to pay immigration attorney fees is not an absolute bar to receiving help with your immigration matter. While you might need to do some research, there are a wealth of high-quality free or low-cost immigration service providers throughout the United States.