The Refund They Will Never Give Me (And What I Think Should Change)
Let me give you the numbers.
Original registration fee for the California Bar: over three hundred US dollars. Moral character determination processing fee: approximately nine hundred US dollars. Exam application fee for foreign attorneys: approximately one thousand nine hundred US dollars. Bar review course: over nine hundred US dollars. Shipping documents and fingerprints from Nigeria to the United States: over one hundred thousand naira. US visa application fee: non-refundable. MPRE registration fee: paid and pending.
Total: over three thousand one hundred US dollars in fees alone, before the naira costs, before the review course, before the visa.
None of it is coming back.
The California Bar will likely issue a partial refund if I withdraw my application, somewhere around half of what I paid, because that is their policy for applicants who do not sit the exam. The MPRE may offer something similar, or nothing at all. The visa fee is gone. The shipping costs are gone. The months I spent studying instead of sleeping, eating properly, building my house, building my practice, building my life, those are gone too.
I want to talk about what should change, because I think the current system is not just inconvenient. I think it is unjust.
When a foreign attorney applies to sit the California Bar, they do so in good faith. They submit documentation, pay fees, and begin preparing, often at significant personal and financial cost. The bar examination board knows that many of these applicants will face visa challenges. They know that the travel ban exists. They know that for applicants from certain countries, the probability of obtaining a US visa is not guaranteed regardless of the legitimacy of the purpose. And yet the fee structure does not account for this. There is no provision for a full refund when a denial occurs due to circumstances entirely outside the applicant's control.
The same is true of the US visa system itself. A non-refundable fee for a service that was never genuinely available to you is not a processing fee. It is a tax on hope.
What should change? The California Bar should offer full refunds to applicants who are denied a visa and can demonstrate that the denial was based on a blanket policy rather than individual grounds. The US visa system should establish a refund mechanism for denials that are policy-based rather than merit-based. And the international legal community should begin having a serious conversation about whether the treatment of foreign legal professionals seeking admission to practice in other jurisdictions meets the standards of fairness and equity that those same jurisdictions claim to uphold.
I am one person. I lost money I cannot easily replace. But I am also a lawyer, and I know that individual injustices become systemic ones when no one names them.
I am naming this one.
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Adurakoya Dorcas A. Esq.
Nigerian attorney, legal ghostwriter, travel lawyer in progress.
