Federal Litigation

The Federal Litigation Team at Green and Spiegel U.S. can assist in filing federal lawsuits throughout the United States to challenge unlawful denial of immigration benefits, mandate that immigration agencies adjudicate stalled applications, and grant statutory benefits pursuant to immigration law.

Our attorneys have received approval of previously denied H-1B visas, argued statutory relief for approval of citizenship, and freed unlawfully detained immigrants from the custody of Immigration and Customs Enforcement. The Federal Litigation Team has successfully won these cases by challenging the decisions from these agencies within the Department of Homeland Security.

Green and Spiegel U.S. stands by its clients and demands the due process owed to them under settled immigration law.  Agency decisions may be challenged under a variety of federal statutes and the Administrative Procedure Act (APA). Our team has the experience to take on the government and litigate the increasingly arbitrary decisions by federal agencies.  We welcome individuals and businesses, including those that have worked with other immigration firms for the administrative filings in their cases, to discuss litigation options for challenging government denials, delays and detention.

Our team members hold admission in several states and Circuit Courts, and, along with our Midwest and New England Offices, our team is able to seek pro hac vice admission to file suit nationwide. We are able to move many matters through to successful conclusion without filing a complaint in some instances and without prolonged litigation in others. Should you wish to pursue federal court litigation in your case, please contact the attorneys at Green and Spiegel U.S..

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.

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