A working through of how immigration legal help is organized in the United States, who is authorized to give it, and what the money actually buys. Built from one household's petition and a work permit renewal.
Put two retainer agreements for the same family petition side by side and the quoted number may match to the dollar, while the documents underneath describe two different jobs. One runs four pages and names the form, the filing office, the response to a request for evidence, and the interview. The other runs one page and says the firm will provide representation in connection with an immigration matter. Both are legal. Only one tells you what happens in month seven, when a notice arrives asking for something nobody expected, and the calendar starts running against you.
The scope paragraph is the whole purchase
Read the scope clause first and read it twice, because everything else in the agreement is priced against it. A careful reader looks for the form numbers themselves, I-130, I-485, I-765, I-131, rather than a phrase like adjustment package, since packages expand and contract depending on who is describing them. Look for whether the interview is inside the fee or outside it. Look for whether a response to a request for evidence is included, and whether that inclusion is capped at one response. A scope written in form numbers can be checked against a receipt notice. A scope written in adjectives cannot.
The comparison worth making is between an agreement that lists what is excluded and one that lists only what is included. Exclusions look unfriendly on the page and are usually the better document, because they were written by someone who has watched cases go sideways and decided to say so in advance. Appeals, motions to reopen, consular processing after a denial, waivers, and anything filed in immigration court are the common exclusions. Seeing them named is not a warning. It is the firm telling you, before you pay, where the edge of the work sits.
What turns a quote into a bill
Additional charges rarely arrive without a clause authorizing them, so find the clause. Some agreements charge again if the client's circumstances change: a marriage, a divorce, a new job, an arrest, a move to another state, a prior filing the client did not mention at the consultation. Some charge for a second request for evidence but not the first. Some bill hourly once the flat fee scope is exhausted, and the hourly rate should appear in the same document rather than in a schedule referenced but not attached. A trigger you can see coming is a trigger you can plan around.
Government fees are not the firm's money
United States Citizenship and Immigration Services is the agency responsible for adjudicating most family and employment petitions, and it sets its own filing and biometrics fees, which change on its own schedule and are payable to the government regardless of who prepares the paperwork. A clean agreement says so in a sentence and states that those amounts are separate from the professional fee. A less clean agreement says the fee is all inclusive, which sounds generous until the fee schedule shifts and the firm asks for the difference. Ask which party writes the check, and ask what happens if the amount goes up before the case is filed.
Refunds, and the word earned
Flat fee agreements usually describe when portions of the fee become earned, and that language decides what comes back if the case stops early. A milestone structure ties earning to work completed: so much on document collection, so much on filing, the balance on adjudication or interview. A flat statement that the entire fee is earned on signing is a different arrangement entirely, and it is worth knowing which one you signed before you need the answer. Look also for what happens if the client withdraws, if the petitioner dies, or if the beneficiary decides not to proceed. State bars set rules about client funds, and any firm should be able to explain plainly which account your money sits in.
The G-28 tells you who is actually on the case
Form G-28 is the notice of appearance filed with the agency, and the name on it is the person the government will treat as your representative. Compare that name to the name on the retainer, and to the name of the person who sat with you at the consultation. Firms delegate, and that is normal and often efficient, but a client who knows that a supervising attorney signed the G-28 while an accredited representative handles the day-to-day file is a client who knows who to call. Ask for a copy of the filed G-28 with the receipt notice.
The most useful question at signing is a simple one: what does this agreement say happens if the case takes longer and gets harder than either of us expects. A document that answers it is a document you can hold onto.
