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Questions to ask at an immigration lawyer consultation

A first consult is your chance to confirm that the person is allowed to represent you, to get the scope and fee in writing, and to learn who will do the work and how you will hear about notices. The rules behind each question are quoted below, with sources.

A first meeting with an immigration lawyer is short, often paid for, and easy to waste. People arrive with a pile of papers and a worry, talk for the whole hour, and leave without knowing what the lawyer would actually do, what it would cost in total, or what happens if the case runs into trouble.

This page lists the questions worth having answered before you hire anyone, and for each one it explains the rule that makes the question fair to ask. It does not tell you what to do in your own case, and it does not say what a lawyer should answer. Those are matters for a licensed attorney or a DOJ-accredited representative who has read your papers.

The ethics rules quoted below are Minnesota's Rules of Professional Conduct, as published by the Minnesota Revisor of Statutes and read on 9 October 2026. Every state adopts its own version, and the wording of your lawyer's state may differ. The federal rules quoted (8 CFR) apply everywhere.

What a consultation is, and what it is not

A consultation is a meeting at which a lawyer or accredited representative hears about your situation and tells you what they can do for you and on what terms. Three things are worth knowing before you book.

You may not be a client yet. At many firms the consult is a separate paid service, and hiring the firm for the actual work is a second decision with its own agreement. Ask at the time of booking whether the consult fee is charged, whether it is credited against later work if you hire the firm, and what the consult covers. Our page on immigration lawyer cost explains the usual fee structures.

Only some people may advise you. Under 8 CFR 292.1(e), "Except as set forth in this section, no other person or persons shall represent others in any case." The people allowed to represent you before USCIS are attorneys, supervised law students and graduates, certain unpaid "reputable individuals", and accredited representatives of DOJ-recognized organizations (8 CFR 292.1(a)). A consultant, a notario or a form preparer is not on that list. If you are meeting one of them, you are not at a legal consultation, however it is advertised.

A consult is not a promise. Nobody can tell you in a first meeting what a government office will decide. USCIS lists claims of special government connections or guaranteed faster processing among the scam signs on its Common Scams page (last reviewed 4 August 2026), and says that only USCIS decides on expedited processing. A good consult explains the rules and the process; it does not guarantee a result.

Before you go: gather what a lawyer will ask for

You do not need to bring a perfect file. But a consult goes further when the lawyer can see what has already been filed or sent to you. Common items:

  • Every notice you have received from USCIS, the Department of State or an immigration court, including the receipt numbers printed on them.
  • Copies of anything you have already filed, and proof of when and how you filed it.
  • Identity and travel documents, and any record of earlier applications, visas, refusals or time spent in the United States.
  • Anything with a date on it that you have been told to meet.

Dates matter because the regulations fix some of them. Under 8 CFR 103.2(b)(8)(iv), a Request for Evidence (RFE) states a deadline that "in no case" exceeds twelve weeks, and a Notice of Intent to Deny (NOID) a deadline of no more than thirty days. "Additional time to respond to a request for evidence or notice of intent to deny may not be granted." If you hold a notice with a response date on it, say so when you book and tell the lawyer the date at the start of the meeting, not the end.

Write your questions down. It is common to remember the important one in the car park.

Questions about who they are and what they may do

"Are you an attorney or an accredited representative?" The answer decides what rules govern the person. An attorney is, under 8 CFR 1.2, a member in good standing of the bar of the highest court of any state or territory or of the District of Columbia, and not under any order restricting their practice. An accredited representative works for a DOJ-recognized non-profit organization and is, in the regulation's words, not an attorney (8 CFR 1292.12(a)(3)).

"Which state licenses you, and what is your bar number?" Immigration law is federal, so a lawyer admitted in any state may handle immigration matters for clients anywhere. Their conduct rules come from the state that licenses them, and that state's bar keeps the register you can check. Our guide to checking an immigration lawyer's licence walks through the lookup.

"If you are an accredited representative, is your accreditation full or partial?" Full accreditation covers the immigration courts, the Board of Immigration Appeals and DHS. Partial accreditation covers DHS only (8 CFR 1292.12). If your matter may end up in immigration court, ask what happens then. The accredited representative guide explains the difference.

"Have you handled this type of application before, and how often?" This is a fair question about experience. Rule 1.1 of Minnesota's rules requires "the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation", and its comment notes that relevant factors include "the lawyer's general experience, the lawyer's training and experience in the field in question". Ask for the kind of work, not for a percentage. A percentage quoted at you is not a verified figure, and Migratio publishes none.

"Will anyone else be working on my case?" Many offices use paralegals and assistants. That is normal, provided a licensed attorney or accredited representative is responsible. Ask who that is.

Questions about scope and fees

This is where most misunderstandings start. Rule 1.5(b) of Minnesota's rules says: "The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation." So the lawyer has to explain the terms, and you are entitled to ask for them in a form you can keep.

Useful questions, each tied to a rule:

  1. "What exactly does the fee cover?" Which forms, which stage. Does it include answering an RFE or NOID, attending an interview, filing an appeal (Form I-290B, $800 in USCIS fees under 8 CFR 106.2(a)(16), generally due within 30 days of the decision under 8 CFR 103.3(a)(2)), or appearing in court? If the answer is "extra", ask how it is priced.
  2. "Is the fee flat, hourly or a mix?" If hourly, ask for the rate and an estimate of hours, and how you will be told when the estimate changes.
  3. "Are government fees included?" USCIS and State Department fees are set by regulation (8 CFR 106.2, 22 CFR 22.1) and are paid in addition to any legal fee unless the quote says otherwise. Our USCIS fee table lists them.
  4. "Where is my money held until it is earned?" Rule 1.5(b) states that fee payments received before services are rendered "are presumed to be unearned and shall be held in a trust account". It also allows a flat fee to become the lawyer's property on payment, but only under a written fee agreement signed by the client that says, among other things, that the fee will not be held in trust, that the client may end the relationship, and that the client is entitled to a refund if the agreed services are not provided.
  5. "What if I stop using you?" Rule 1.5(b)(3) says fee agreements "may not describe any fee as nonrefundable or earned upon receipt", and that when the relationship ends before the fee is fully earned the lawyer must refund the unearned portion. Rule 1.16(d) adds that on termination the lawyer must take reasonable steps to protect the client's interests, including "surrendering papers and property to which the client is entitled, and refunding any advance payment of fees or expenses that has not been earned or incurred".
  6. "Is there a separate fee just for being available?" Rule 1.5(b)(2) lets a lawyer charge an availability fee, but it must be reasonable, in a writing signed by the client, and state clearly that it is for availability only and that legal services are charged separately.

Your state may word these rules differently. The point of the questions is the same everywhere: you should be able to say, after the meeting, what you will pay, for what, and when.

Questions about communication, notices and the form that appoints them

When a lawyer or accredited representative represents you before USCIS, they file a Form G-28, Notice of Entry of Appearance. Under 8 CFR 292.4(a), the form "must be properly completed and signed by the petitioner, applicant, or respondent to authorize representation in order for the appearance to be recognized". Read what you sign. It is your authorization.

Two consequences are worth asking about.

Notices go to your representative. 8 CFR 292.5(a) provides that when a notice is to be given to a person, it shall be given to "the attorney or representative of record, or the person himself if unrepresented." That is helpful if the office is organized, and a risk if a letter arrives and nobody tells you. Ask: "When USCIS sends you something about my case, how and when will you tell me, and who tracks the response date?"

Your side of communication. Rule 1.4(a) of Minnesota's rules requires a lawyer to "keep the client reasonably informed about the status of the matter" and to "promptly comply with reasonable requests for information". Ask how you reach the office, how fast messages are usually answered, and in which languages the staff can work. If you need an interpreter, ask whether the office provides one or expects you to bring your own.

Changing representatives. 8 CFR 292.4(a) says a substitution may be permitted "upon the written withdrawal of the attorney or accredited representative of record or upon the filing of a new form" by a new one. Knowing the exit door exists is not a reason to distrust anyone. It is simply a fact about the process.

Questions about the process, without asking for a prediction

You will not get an honest guarantee, but you can ask for an explanation of the steps and of what usually goes wrong. Good questions are about mechanics.

  • "What happens after the filing?" For example, whether biometrics or an interview may be required. 8 CFR 103.2(b)(9) lets USCIS require an applicant to appear for an interview or biometrics.
  • "What can cause a rejection, as opposed to a denial?" Under 8 CFR 103.2(a)(7)(ii), a benefit request is rejected, and "will not retain a filing date", if it is not signed with a valid signature, executed, filed in compliance with the rules for that form, or submitted with the correct fee. Filing fees "generally are non-refundable regardless of the outcome of the benefit request" (8 CFR 103.2(a)(1)(v)). Ask how the office checks each of these before it files.
  • "What would you do if an RFE or NOID arrives?" You are asking about the office's process, within the twelve-week and thirty-day limits.
  • "Which parts of this depend on things outside our control?" For example, USCIS's own processing times, which Migratio does not quote and which you can read on USCIS's processing-times page.

A lawyer who answers these plainly is showing you how they work. A lawyer who answers every question with confidence about the outcome is telling you something too.

Questions about confidentiality and who else they act for

Rule 1.6(a) of Minnesota's rules states: "a lawyer shall not knowingly reveal information relating to the representation of a client", with listed exceptions. Whether that duty already covers what you say in a consultation before you hire the firm is a separate rule, which we have not quoted. So ask: "Is what I say today confidential, even if I do not hire you?"

Also ask whether the firm acts for anyone else connected to your matter. In family cases the person who files the petition and the person who benefits are different people, and some offices act for both. Ask how that works at this office and what the agreement says about it.

Finally, ask what they will not do. Immigration offices set limits: matters they do not take, courts they do not appear in, languages they do not cover. Hearing the limits at the start is cheaper than finding them out later.

After the meeting

Do not decide in the room. Ask for the fee agreement or written quote and take it home. Compare the scope line by line: two quotes with different totals may simply cover different things.

A few cautions from USCIS's Common Scams page apply even when the person is genuine. USCIS advises people not to sign blank forms or forms containing false information. It also notes that it does not accept Western Union, MoneyGram, PayPal, Venmo or gift cards as payment for immigration fees, so a request to pay USCIS fees that way is a warning sign. Our page on immigration scam warning signs lists more.

If you cannot afford a lawyer's fee, read our guide to no-cost and low-cost immigration legal help. DOJ-recognized organizations may charge, but they must have a written policy for clients who cannot pay (8 CFR 1292.11(a)(1)). If you are comparing several offices, how to choose an immigration lawyer sets out the same checks as a list.

Find an attorney or accredited representative

See attorneys and accredited representatives in the Migratio directory. Listings are shown in a neutral order with factual filters only (state, language, practice area, attorney or accredited representative). Migratio does not recommend, rank or match any lawyer.

Notaries public, notarios and immigration consultants are not lawyers and cannot give immigration legal advice. Only a licensed attorney or a DOJ-accredited representative can.

Migratio is not a law firm and does not give legal advice. Only a licensed attorney or a DOJ-accredited representative can advise you.

Questions people ask

What should I ask at an immigration lawyer consultation?

Ask who they are allowed to represent you as (attorney or accredited representative, and in which state), what the fee covers and what it does not, whether government fees are included, where advance payments are held, what happens if you stop using them, how notices will reach you, and whether the meeting is confidential. The rules behind each question are listed above.

What documents should I bring to an immigration consultation?

Bring every notice you have received from USCIS, the State Department or a court (with receipt numbers), copies of anything already filed, your identity and travel documents, and anything showing a date by which you must respond. An RFE response period never exceeds twelve weeks and a NOID period never exceeds thirty days (8 CFR 103.2(b)(8)).

Is an immigration consultation free ($0)?

It depends on the office. Some charge a consultation fee, some offer the first meeting at $0, and some credit the fee against later work. Ask before you book. DOJ-recognized non-profits may charge as well and must have a written policy for clients who cannot pay.

Can I ask an immigration lawyer if they will win my case?

You can ask, but no lawyer controls the decision, and USCIS lists guarantees and claims of special government connections among scam signs. A more useful question is how the office handles an RFE, a NOID or a denial, and what that work costs.

Is an immigration lawyer's fee refundable if I change my mind?

Under Minnesota's Rule 1.5, which is typical, a fee agreement may not call a fee nonrefundable, and on early termination the lawyer must refund the unearned portion. Your lawyer's state has its own wording, which the state bar publishes.

Who receives USCIS notices if I have a lawyer?

Once a Form G-28 is filed, 8 CFR 292.5(a) provides that notices are given to the attorney or representative of record. Ask the office how and when they will pass notices on to you.

Sources

Last checked 2026-10-09.

Related guides

  • How much does an immigration lawyer cost? — There are two bills: the lawyer's fee, which each lawyer sets (flat, hourly or per consult) and must explain to you, and the government filing fees, which are fixed by regulation. A marriage green card filed inside the US, for example, carries $2,115 in USCIS fees for the I-130 and I-485 alone, before any lawyer's fee.
  • Do I need an immigration lawyer? What the rules say — No federal rule requires you to hire anyone to file with USCIS; the regulations say a person "may be represented". If you do get help, only attorneys, DOJ-accredited representatives and a few narrow categories may represent you. Whether to get one is your decision; this page sets out the rules and deadlines that bear on it.
  • How to choose an immigration lawyer: 10 checks — Check the licence and discipline record, confirm who will do the work, get the scope and fee in writing, and walk away from guarantees. These ten checks are facts you can verify; the decision is yours.
  • How to check an immigration lawyer's license — Ask which state licenses the lawyer, look them up on that state's bar or court register, then check EOIR's List of Currently Disciplined Practitioners. For a non-lawyer accredited representative, check the EOIR roster instead.
  • Free ($0) and low-cost immigration legal help: where it comes from — Legal help at $0 or low cost comes mainly from three official sources: EOIR's List of Pro Bono Legal Service Providers (for people in immigration court), DOJ-recognized non-profits with accredited representatives, and supervised law school clinics. Government filing fees usually still apply.
  • Immigration scams: warning signs and where to report them — Only attorneys and DOJ-accredited representatives may give immigration legal advice, USCIS forms are available at no cost on its website, and USCIS does not take payment by gift card or by apps such as Venmo. If you have paid a scammer, report to the FTC and your state consumer protection office.
  • USCIS fees, October 2026: every main form — As at 9 October 2026 the paper fee is $675 for the I-130, $1,440 for an adult I-485, $520 for a standard I-765, $750 for the I-751 and $760 for the N-400. Four fees rise on 16 October 2026, EB-5 fees change on 30 November 2026, and several changes are only proposed.