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Federal Litigation
With regular changes to immigration policy under the present administration, federal immigration litigation is often the only means of effectively challenging erroneous agency decisions. Green and Spiegel works with clients directly to explore all options for litigating unlawful changes in immigration policy and the misapplication of federal regulations to individual cases. Applying the Administrative Procedure Act and the Mandamus Act, our team has extensive experience challenging H1B specialty occupation denials, EB1 denials, F-1 student visa issues, green card and work authorization delays and consular visa applications stuck in administrative processing.
We also offer federal habeas relief for individuals unlawfully detained or subject to prolonged immigration detention. In addition, we have experience addressing complaints for denaturalization and findings of ineligibility for U.S. passports.
Green and Spiegel offers representation before the First, Third, Fourth and Fifth Circuit Courts of Appeal and federal district courts throughout the United States.
We are currently accepting clients for individual lawsuits and onboarding group litigants for potential class-action lawsuits involving the following issues:
- Issuance of a Notice to Appear in Court for H1B visa holders who have properly ported or otherwise found new employment during their grace period;
- Erroneous visa denials based on USCIS’ allegations of signature deficiencies on the applicable forms;
- H1B cases involving denied admission after the Executive Order of September 19, 2025; and,
- Ongoing issues with F-1 student visa issuance after allegations of criminal contact causing prolonged administrative processing.
- Federal Torts Claims Act violations based on unlawful detention of US citizens and Lawful Permanent Residents by the Department of Homeland Security or instances of excessive use of force against detainees.
Recent Cases:
- H-1B Approval based on “Specialty Occupation” for Indian Restaurant General Manager in the District Court of Rhode Island;
- Remand and approval from the Middle District of Florida on 8 USC 1447(b) initial citizenship denial by USCIS;
- Release from ICE detention for an Irish national unreasonably detained with pending adjustment of status application in the Middle District of Pennsylvania.
- Issuance of Employment Authorization for multiple H-4 and E-2 applicants in the Eastern District of Pennsylvania.
- Issuance of Lawful Permanent Residency, in the Eastern District of Pennsylvania, for an employment-based adjustment of status applicant whose case had been previously delayed for over 22 months.
- Approval of long-delayed Employment and Travel Authorization for an EB-5 applicant in the Southern District of New York after the sunset provisions to the program were enacted on June 30, 2021.
- Issuance of E-2 Treaty Investor visa for a Canadian executive in the Central District of California after his case had been pending nearly four years at the U.S. Consulate in Toronto.
- Issuance of Lawful Permanent Residency, in the Eastern District of North Carolina, for an employment-based adjustment of status applicant whose case had been previously delayed for over 22 months.
- Issuance of Employment Authorization for multiple H-4 and E-2 applicants in the Eastern District of Pennsylvania.