You married a U.S. citizen, and now you have to file for a green card. Should you hire a lawyer? And if you do, how do you pick one?
The short answer is to hire a licensed attorney who handles marriage cases regularly, who asks about your full history before proposing a plan, and who puts the fee and the scope of work in writing. The nine questions below help you test for those things.
Do You Need a Marriage Green Card Lawyer at All?
Legally, no. You can file the forms yourself.
The forms look simple. The trouble is in what sits underneath them. Immigration officers want to know how you entered the country, what status you held, whether you were ever arrested, whether either of you was married before, and whether you ever applied for anything and lost. A wrong answer, or a missing document, can cost months. Sometimes it costs the case.
A lawyer adds the most value when your history is not clean or your facts are unusual. If you have an overstay, an arrest, a prior marriage, a past denial, or a spouse living abroad, talk to an attorney before you file. If your case is straightforward and you feel confident, you may not need one. Many people still want someone checking their work.
9 Questions to Ask a Marriage Green Card Lawyer
1. Are you a licensed attorney, and will you file a Form G-28?
Only attorneys and accredited representatives of Department of Justice–recognized organizations can represent you before USCIS. Notaries, “notarios,” and immigration consultants cannot. In many countries, “notario” means a lawyer. In the United States, it does not.
Ask for the lawyer’s full name. Then confirm the license through the state court system’s attorney directory.
A lawyer who represents you files Form G-28 with your application. That form tells USCIS to send case information to your lawyer as well as to you. If someone helps with your case but won’t appear on a G-28, find out why.
Immigration law is federal, so your lawyer does not need to live in New York. Still, many couples prefer someone in the area. Our article on immigration lawyers versus consultants explains the difference in more detail.
2. How often do you handle marriage-based cases?
Marriage cases have their own demands. You must prove the marriage is real. The U.S. spouse must show enough income or find a joint sponsor. Most couples face an interview.
Ask how much of the lawyer’s practice involves marriage-based immigration. Then ask about situations like yours. If your spouse entered without inspection, or you married quickly, or one of you has a prior marriage, you want someone who has seen it before.
Don’t ask for an approval rate. No honest lawyer can promise one, and any number is hard to verify.
3. Who will actually work on my case?
Good firms use paralegals and support staff. That’s normal. What matters is supervision.
Ask who drafts the forms, who reviews them, and who signs. Ask who answers your questions when you call. Ask who will attend your interview. You should know the answers before you hire.
4. What problems do you see in my case?
A real consultation includes questions. A lawyer who quotes you a price without asking about your history is guessing.
Here is a hypothetical. A husband was arrested years ago, and the court dismissed the charge. He assumes it no longer matters. A careful lawyer will still ask for the court records. USCIS may ask about the arrest, and the answer needs to match the paperwork.
Tell your lawyer everything, including the parts you hope don’t matter. Lawyers keep client information confidential. They cannot fix a problem they don’t know about.
5. Should we file from inside the U.S. or go through consular processing?
This is the question that shows whether a lawyer is thinking about your case or selling a package.
If your spouse lives in the United States and qualifies, the couple often files the I-130 petition together with an adjustment of status application. The I-130 proves the marriage. Adjustment of status converts the immigrant’s status to permanent residence without leaving the country. Our guide to marriage-based adjustment of status walks through that path.
If your spouse lives abroad, the case usually goes through consular processing. That means an I-130, then the National Visa Center, then an interview at a U.S. consulate.
The choice can carry real risk. Some people who leave the United States after unlawful presence face bars on returning. A good lawyer explains which route fits your facts and why.
6. What do you charge, and what does it include?
Marriage immigration attorney fees vary, so compare what the fee covers instead of comparing totals.
Ask whether the quote includes the I-130, the adjustment application, and the affidavit of support. Ask about the work permit and travel document applications, if you want them. Ask what happens if USCIS requests more evidence, or if you must attend an interview. If your marriage is under two years old when USCIS approves the case, you will get a two-year conditional green card. You will have to file again later to remove those conditions. Ask whether the fee covers that filing too.
USCIS charges its own filing fees, separate from legal fees. Those amounts and payment rules change, so check USCIS’s current Form G-1055 fee schedule before you file. Other costs may include translations and the medical exam.
New York rules generally require your lawyer to give you a written letter of engagement or retainer agreement. There are exceptions, including when the fee is expected to be under $3,000. If a fee dispute arises, New York’s Fee Dispute Resolution Program may cover amounts between $1,000 and $50,000. Read the agreement before you pay anything.
7. Will you come to my interview?
Many marriage green card cases include an interview, and couples often feel nervous about it. Ask whether the lawyer will attend and whether the fee includes it.
Ask about preparation too. A lawyer should tell you what questions to expect, what documents to bring, and what to do if the officer’s questions go in an unexpected direction.
8. What happens if USCIS sends a Request for Evidence or denies the case?
A Request for Evidence, or RFE, means USCIS wants more proof before it decides. It is common. It is not the same as a denial.
Ask who handles the response and whether the original fee covers it. Then ask what the lawyer would do after a denial. Some denials call for a new filing. Others call for a motion or an appeal. You don’t need the full strategy now. You do want to know the lawyer has thought about it.
9. How will we communicate, and what can you promise?
Ask how often you will get updates and how you can reach the lawyer between updates.
Then listen for promises. Nobody can guarantee approval. Nobody can guarantee a timeline, because USCIS controls processing times, and those change. A lawyer who guarantees results is telling you something about how they work.
Before Your First Consultation
Gather what you have. Bring passports and any visas or I-94 records. Bring your marriage certificate and divorce decrees from any prior marriages. Bring every USCIS notice you ever received, plus court records if you have any arrest history. If you already have evidence of your life together, such as a lease, bank statements, or photos, bring a few examples.
Write down your questions. Take notes during the meeting. Don’t sign blank forms, and don’t pay before you read the written agreement.
You can also meet with more than one lawyer. Comparing the answers to these nine questions will tell you more than comparing prices.
Frequently Asked Questions
Can I hire a lawyer after I’ve already filed?
Yes. Your new lawyer can file a Form G-28 after the original filing. People often hire a lawyer after receiving an RFE or an interview notice.
Can I change lawyers mid-case?
Yes. A new lawyer files a new G-28, and you should check your original fee agreement for what happens to fees already paid.
Does the lawyer have to be in New York?
Not for a federal immigration case. A lawyer in good standing in any state can generally represent you before USCIS. Many couples in New York City and Westchester still prefer a local office, and many firms offer video consultations.
Is a marriage green card lawyer worth the cost?
It depends on your facts. A clean, simple case may not need one. A case with an overstay, an arrest, a prior marriage, or a past denial often does. The question to ask yourself is what a mistake would cost you.
Can a lawyer guarantee my green card?
No. A lawyer can prepare a strong case and explain the risks. USCIS makes the final decision.
Talk to an Immigration Attorney Before You File
Hiring a marriage green card lawyer is a trust decision, and you should make it with answers in hand. If your situation has complications, speak with a qualified immigration attorney before you file anything.
E-Z Immigration serves families from its White Plains office and through video consultations. You can read about our marriage green card services, call (914) 946-3191, or contact us to describe your situation.
