Why Litigating Immigration Delays and Denials can be Cost-Effective

[Also available on Reddit.]

Federal litigation has a well deserved reputation for being costly and lengthy. Many types of federal litigation involve extensive motion practice, burdensome discovery and wasteful sideshows over minor disputes. All of this adds up to significant attorney time and significant client cost.

Immigration litigation is different. It’s typically cost-effective, straightforward and fast. Why?

There are a couple of reasons for this. First, discovery in immigration cases is rare. That means a limited universe of documents to review, no depositions, no expert opinions and no disputes over witnesses. This is typically the most time consuming and expensive aspect of federal litigation and immigration related cases largely skip it.

Second, these cases have an excellent track record of settling favorably early in the process. The Government does not like fighting these cases and will frequently grant the relief sought rather than try and justify their actions in front of a federal judge.

When you combine a streamlined process and faster resolutions, this has the effect of keeping costs down. Federal litigation to reverse a denial or get a delayed case decided is not just effective, it’s often also a financially practical option.