What is the cost of filling and sending a motion to reopen and terminate a case to the BIA.

Asked over 1 year ago - Miami, FL

Me and my family came to the U.S. as tourists but before our visa expired we filed for Asylum. The process of verification and interviews lasted about 5 years and the decision was negative. We proceeded to file for an appeal to the BIA, and the appeal was denied. Three months before we received the negation of the appeal, I married an American citizen. We are married for 2 years now, and had our I-130 approved. However, the immigration official cannot issue a residence card for me because my case appears to be open in the BIA. The official asked me to personally file a motion to open and terminate the appeal "it is fairly simple" . I am looking for assistance from an attorney but the estimated cost of this was $4500. Am I in the right direction? And doesn't it seem like a bit too much?

Attorney answers (4)

  1. Jesus Novo III

    Contributor Level 14


    Lawyers agree

    Answered . You are a very fortunate immigrant, however you should not push your luck. There is nothing "fairly simple" when it comes to immigration, and sometimes even non-experienced attorneys can botch a case, much less an unrepresented immigrant. The issue of fees is relative and you should discuss it at length with the attorney you decide to hire.

  2. Nicklaus James Misiti

    Contributor Level 19


    Lawyers agree

    Answered . That is not an egregious fee. Shop around, you can find better. Keep in mind the cheapest is not always the best. My firm handles motions to reopen before the board.
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  3. Irene Vaisman

    Contributor Level 20


    Lawyers agree

    Answered . we cannot quote fees here on the forum, but all attorneys have different fees and it depends on the amount of work and experience of the attorney and even the region. A Motion to the BIA would not be a "routine" or "simple", but something an experienced attorney working with the BIA should be able to handle. If you do not like this fee, shop around

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  4. J. Thomas Smith Ph.D.


    Contributor Level 20


    Lawyer agrees

    Answered . Whether a certain fee is "a bit too much" is relative to the facts. You have invested at least 5 years in your case so far. It is apparent that this was not a "fairly simple" matter. How much would you have paid to have those years back?

    An experienced Immigration Attorney will want to examine your complete file and will charge based on the issues and potential commitment of time. Why not consult with a few Attorneys so you can get a good idea of what the fees are for this type of case in your area. You can find many competent attorneys here on AVVO.com. Good luck.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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