Immigration Litigation

Sometimes you have to go the distance to protect your rights.  The U.S. legal system affords many rights to the people and businesses located in the U.S., but litigation is sometimes needed to protect those rights.  Over the past 13 years, Brian Green has worked on approximately two hundred and fifty (250) federal lawsuits, which were brought against the U.S. Citizenship and Immigration Services (USCIS), U.S. Department of State (along with its U.S. Embassies and U.S. Consulates), U.S. Customs and Border Protection (CBP), and the U.S. Department of Justice and its components the Federal Bureau of Investigations, Executive Office for Immigration Review (EOIR), and Board of Immigration Appeals (BIA).

 

Brian successfully resolved most of these lawsuits and he prides himself on finding ways to constructively negotiate solutions that are acceptable to all parties involved in a lawsuit.  Brian has succeeded in removing findings of inadmissibility made against individuals, including fraud and misrepresentation findings made by USCIS, U.S. Consular Officers, and U.S. CBP Officers. 

 

Many of Brian’s lawsuits have dealt with applications for lawful permanent residence in the U.S. (so-called “green card status”) and for naturalization (for U.S. citizenship).  But Brian’s experience also includes challenging denials of I-129 petitions (for H-1B workers), I-130 petitions (for family-based immigration cases), and I-140 petitions (for employment-based immigration cases).  Brian was part of the team of attorneys who represented the plaintiff in Ravulapalli v. Napolitano, 773 F.Supp.2d 41 (D.D.C. 2011), a precedent decision dealing with the rights of I-485 adjustment applicants under the American Competitiveness in the Twenty-First Century Act of 2000, also referred to as the “AC21 law.”

 

Many immigration lawyers advertise that they handle “Writ of Mandamus” lawsuits and a smaller group advertise that they have experience in handling “Administrative Procedure Act” or “APA” lawsuits.  But most immigration attorneys do not have experience in litigating these lawsuits through the full life-cycle of motion practice and the issuance of decisions.  Even fewer have filed a “direct appeal” of the denial of an APA lawsuit to a U.S. Circuit Court of Appeals.  When hiring an attorney, you should carefully check their credentials to see if they have the experience and knowledge required to properly handle your lawsuit.  For example, I do not take on lawsuits for clients who are not prepared to take their lawsuit to its full conclusion – a decision issued by a U.S. District Court Judge or a U.S. Magistrate Judge.  I do not file lawsuits that do not have a chance for success.  I do not “bluff” and will not engage in tactics that are unethical.  What I do is prepare excellent, detailed lawsuits that I am prepared to prosecute through motions for summary judgment, and, if necessary, through hearings and appeals.  If the attorney that you are considering has never filed a motion for summary judgment or an opposition to a motion for a stay or a motion to dismiss, do they really have the experience they claim?  Or have they filed a lot of cases that never went the distance because they settled early in the process?  Choose your immigration attorney as if you and your family’s (or business’s) future depends on it, because often it does. 

 

The following are just some of the types of lawsuits that Brian Green handles:

  • Administrative Procedure Act (APA) lawsuits against USCIS to resolve delayed or incorrectly denied immigration cases, including I-140 “green card” petitions, I-485 “adjustment of status” applications, and H-1B, J, K, L, O, T and U visa petitions.

  • Writ of Mandamus lawsuits to resolve delayed immigration cases and visa applications.

  • Naturalization lawsuits under 8 U.S.C. §1446 (for delayed applications) and 1447 (for incorrectly denied application).

  • Defense of denaturalization actions by the U.S. government under 8 U.S.C. § 1451 (where the U.S. government seeks to strip citizenship from an individual).

  • Habeas Corpus lawsuits challenging the detention of an individual or the legality of a removal (deportation) order.

  • Lawsuits challenging document fraud findings, marriage fraud findings, and findings of inadmissibility to the U.S.

  • Lawsuits challenging USCIS and Board of Immigration Appeals decisions relating to I-130 petitions for family immigration cases including adoptions.

  • Writ of Mandamus lawsuits against U.S. Embassies and U.S. Consulates over delayed visa applications.

  • Administrative Procedure Act (APA) lawsuits against the U.S. Customs and Border Protection agency over the issuance of findings of inadmissibility, which often lead to the denial of nonimmigrant and immigrant visas at U.S. Embassies and U.S. Consulates.

  • APA and Writ of Mandamus lawsuits against U.S. Embassies, USCIS Service Centers and the National Visa Center when I-130 and I-140 petitions are incorrectly returned to USCIS for review, causing the issuance of Notices of Intent to Revoke (NOIRs) and substantial delays in the consular processing of immigrant visa applications overseas.

 

Brian is admitted to practice before the following U.S. federal courts:

U.S. District Court for Washington, DC

U.S. District Court for Colorado

U.S. District Courts for the Northern, Central, and Southern Districts of Illinois

U.S. District Courts for the Northern and Southern Districts of Indiana
U.S. District Court for Maryland
U.S. District Court for the Eastern and Western Districts of Michigan

U.S. District Court for Nebraska
U.S. District Court for New Mexico

U.S. District Courts for the Western and Northern Districts of New York

U.S. District Court for the Northern District of Ohio

U.S. District Court for the Western District of Oklahoma

U.S. District Court for the Western and Middle Districts of Tennessee 
U.S. District Courts for the Northern, Eastern, Western, and Southern Districts of Texas
U.S. District Courts for the Eastern, Middle, and Western Districts of Pennsylvania

U.S. District Court for the District of Vermont
U.S. District Courts for the Northern and Southern Districts of West Virginia
U.S. District Court for the Western and Eastern Districts of Wisconsin
U.S. Court of Appeals for the 1st Circuit

U.S. Court of Appeals for the 3rd Circuit
U.S. Court of Appeals for the 4th Circuit

U.S. Court of Appeals for the 5th Circuit
U.S. Court of Appeals for the 6th Circuit

U.S. Court of Appeals for the 8th Circuit

U.S. Court of Appeals for the 9th Circuit

U.S. Court of Appeals for the 10th Circuit

U.S. Court of Appeals for the 11th Circuit
U.S. Court of Appeals for the District of Columbia
Supreme Court of the United States