We have written previously about the Biden Administration's Parole in Place program, known as "Keeping Families Together". This program would apply to spouses and stepchildren of U.S. citizens who are seeking to obtain their green card. The new program would allow qualified applicants to file a request to parole in place as part of their green card applications, which would avoid having to complete consular processing outside the United States. Approved applicants would thus not have to leave the country to complete their green card application.
• Applications for the new parole in place program were first made available on June 17th.
• USCIS began accepting applications on August 19th.
• On August 26th, a federal judge in Texas paused the program for 14 days, allowing a challenge to the legality of the program to be considered. At that time, USCIS continued accepting applications but could not approve any requests.
Most recently, on October 4th, the same court reimposed the administrative stay, with an expiration date of November 8th.
So as it stands today, USCIS is still accepting applications and scheduling biometric service appointments - but USCIS cannot issue any approvals for parole in place requests.
Our office will continue to file applications under the Keeping Families Together program, but we will have to wait and see when USCIS will be able to restart issuing approvals, or if the program will be shut down altogether.
Hemos escrito previamente sobre el programa de Permiso de Permanencia en el País de la Administración Biden, conocido como "Manteniendo a las Familias Unidas". Este programa se aplicaría a los cónyuges e hijastros de ciudadanos estadounidenses que buscan obtener su tarjeta de residencia. El nuevo programa permitiría a los solicitantes calificados presentar una solicitud de permiso en el lugar como parte de su proceso de solicitud de la tarjeta de residencia, lo que evitaría la necesidad de completar el procesamiento consular fuera de los Estados Unidos. Los solicitantes aprobados, por tanto, no tendrían que salir del país para completar su solicitud de residencia permanente.
• Las solicitudes para el nuevo programa de Permiso de Permanencia en el País estuvieron disponibles por primera vez el 17 de junio.
• USCIS comenzó a aceptar solicitudes el 19 de agosto.
• El 26 de agosto, un juez federal en Texas pausó el programa durante 14 días, permitiendo que se evaluara un desafío a la legalidad del programa. En ese momento, USCIS continuó aceptando solicitudes, pero no podía aprobar ninguna petición.
Más recientemente, el 4 de octubre, el mismo tribunal volvió a imponer la suspensión administrativa, con fecha de vencimiento el 8 de noviembre.
En la actualidad, USCIS sigue aceptando solicitudes y programando citas de servicios biométricos, pero no puede emitir ninguna aprobación para las solicitudes de Permiso de Permanencia en el País.
Nuestra oficina seguirá presentando solicitudes bajo el programa "Manteniendo a las Familias Unidas", pero tendremos que esperar para ver cuándo USCIS podrá reanudar la emisión de aprobaciones, o si el programa será clausurado por completo.
On August 26, 2024, a federal judge paused Biden’s new Parole in Place (PIP) program for 14 days. As we expected, there is a new lawsuit challenging the legality of the program.
We can still file PIP applications with USCIS, but we will not receive decisions for at least 14 days, and possibly until mid-October when the judge will consider the case further.
Several different things could happen with the PIP program:
Personally, I am optimistic that the program will go forward in October, if not sooner. However, I cannot guarantee what a federal judge will do. We will continue to prepare your case to file as soon as possible unless we hear otherwise from you. We will let you know when there is any further news about the program.
Ayar 26 de agosto de 2024, un juez federal suspendió temporalmente el nuevo programa de Permiso de Permanencia Temporal (PIP) de Biden por 14 días. Como esperábamos, hay una nueva demanda que cuestiona la legalidad del programa.
Todavía podemos presentar solicitudes de PIP, pero no recibiremos decisiones durante al menos 14 días, y posiblemente hasta mediados de octubre, cuando el juez considerará el caso nuevamente.
Varias cosas diferentes podrían suceder con el programa de PIP:
Personalmente, soy optimista de que el programa continuará en octubre, si no antes. Sin embargo, no puedo garantizar lo que hará un juez federal.
Continuaremos preparando su caso para presentarlo lo antes posible, a menos que escuchemos lo contrario de usted. Le informaremos cuando haya alguna noticia adicional sobre el programa.
On June 17, 2024, the Biden Administration's Department of Homeland Security announced a new parole process for spouses and stepchildren of U.S. citizens who are seeking to obtain a green card.
Currently, if an undocumented person is married to a U.S. citizen or is a step-child of a U.S. citizen, they may apply for their green card - also known as lawful permanent residence - through the I-130 process, which requires the applicant to be processed at a consulate office outside of the United States. This process, known as consular processing, requires the applicant to leave the United States and wait to have their application processed abroad in their home country, which can often take an extended period of time and can potentially be held up indefinitely.
Under this new process, noncitizen spouses and stepchildren can apply for lawful permanent residence without leaving the United States for consular processing. Instead, if the undocumented person meets certain criteria, they can file a "parole in place" request.
For undocumented spouses seeking to apply for lawful permanent residence and to parole in place under this new process, they must:
To maintain eligibility, the applying individual must not post a threat to public safety or national security and must not have a criminal history that would otherwise disqualify them.
For stepchildren to be eligible, they must be physically present in the United States as of June 17th, 2024 and have a legal step-parent relationship to a U.S. citizen as of that date.
To apply for this special parole, the applicant will need to file all of the normal forms for lawful permanent residence, along with supporting documentation to demonstrate that they meet the requirements.
Although an applicant may be eligible under the new process, USCIS will determine on a case-by-case basis whether an applicant merits this unique grant of parole in place.
Additionally, the application period for this new green card process has not yet been announced (as of June 20th, 2024), and USCIS has specifically stated they will REJECT any applications that are filed before the period begins. Once announced, the application process, forms, and fees will be included in a notice in the Federal Register.
As a result of this new process, it is estimated that approximately 500,000 noncitizen spouses would be eligible to access the new parole in place process, along with an estimated 50,000 stepchildren.
At the Law Offices of Spojmie Nasiri, PC, our immigration law team is closely monitoring updates about this new process. We are available to answer any questions you have about the process, and will be ready to assist clients seeking to apply under this process once the format process has been announced.
El 17 de junio de 2024, el Departamento de Seguridad Nacional de la Administración Biden anunció un nuevo proceso de libertad condicional para los cónyuges e hijastros de ciudadanos estadounidenses que buscan obtener una tarjeta verde.
Actualmente, si un indocumentado está casado con un ciudadano estadounidense o es hijastro de un ciudadano estadounidense, puede solicitar su tarjeta verde -también conocida como residencia permanente legal- a través del proceso I-130, que requiere que el solicitante sea tramitado en una oficina consular fuera de los Estados Unidos. Este proceso, conocido como tramitación consular, requiere que el solicitante salga de los Estados Unidos y espere a que se tramite su solicitud en el extranjero, en su país de origen, lo que a menudo puede llevar un largo periodo de tiempo y, potencialmente, puede demorarse por tiempo indefinido.
Con este nuevo proceso, los cónyuges e hijastros no ciudadanos pueden solicitar la residencia permanente legal sin salir de los Estados Unidos para la tramitación consular. En su lugar, si el indocumentado cumple determinados criterios, puede presentar una solicitud de "libertad condicional en lugar".
Los cónyuges indocumentados que deseen solicitar la residencia permanente legal y la libertad condicional con arreglo a este nuevo procedimiento deben:
Para mantener la elegibilidad, el individuo solicitante no debe representar una amenaza para la seguridad pública o nacional y no debe tener antecedentes penales que de otro modo lo descalificarían.
Para que los hijastros sean elegibles, deben estar físicamente presentes en los Estados Unidos a partir del 17 de junio de 2024 y tener una relación legal de padrastro o madrastra con un ciudadano estadounidense a partir de esa fecha.
Para solicitar esta libertad condicional especial, el solicitante tendrá que presentar todos los formularios normales para la residencia permanente legal, junto con la documentación de apoyo para demostrar que cumplen los requisitos.
Aunque un solicitante puede ser elegible bajo el nuevo proceso, USCIS determinará caso por caso si un solicitante merece esta concesión única de libertad condicional en lugar.
Además, el período de solicitud para este nuevo proceso de tarjeta verde aún no se ha anunciado (a partir del 20 de junio de 2024), y USCIS ha declarado específicamente que RECHAZARÁ cualquier solicitud que se presente antes de que comience el período. Una vez anunciado, el proceso de solicitud, los formularios y las tasas se incluirán en un anuncio en el Registro Federal.
Como resultado de este nuevo proceso, se estima que aproximadamente 500,000 cónyuges no ciudadanos serían elegibles para acceder al nuevo proceso de libertad condicional en lugar, junto con un estimado de 50,000 hijastros.
En las Oficinas Legales de Spojmie Nasiri, nuestro equipo de inmigración está siguiendo de cerca las actualizaciones sobre este nuevo proceso. Estamos disponibles para responder a cualquier pregunta que tenga sobre el proceso, y para ayudar a los clientes que buscan aplicar en virtud de este proceso una vez que el proceso de formato ha sido anunciado.
Earlier this month, Spojmie appeared as a guest on the Love Thy Lawyer podcast, where she spoke about her experience with refugee crisis after the Taliban took over Afghanistan following the U.S. troop withdrawals. She also spoke about her commitment to giving back to her communities, and why it is so important for lawyers to be good civic citizens.
You can listed to the full podcast here:
Love Thy Lawyer is a podcast that highlights attorneys in Alameda County, California. Hosted by attorney Louis Goodman, the podcast features practicing attorneys, legal professionals, and other people to learn about their connections to law and the justice system.
Spojmie serves as a director on the Alameda County Bar Association Board of Directors and was inducted into the 2019 Alameda County Women's Hall of Fame.
The Pleasanton-based Law Office of Spojmie Nasiri, PC has opened a new satellite office in downtown Modesto for serving immigration clients throughout the Central Valley.
As a firm that serves clients in English, Spanish, Dari, and Pashto, the new Modesto office provides a convenient space to serve immigration clients. By establishing the new office, the firm seeks to better connect with immigrant communities throughout the Central Valley and provide them with the excellent immigration service they expect and deliver the results they need.
The firm is led by Spojmie Nasiri, a nationally-recognized immigration attorney and legal expert. Immigration law is personal for Spojmie Nasiri, a refugee from Afghanistan who arrived in the United States at a young age. She understands firsthand the complexities and challenges of navigating the US immigration system, as well as the heartbreaking impact of families being separated by borders and immigration policies. During the evacuation of Afghan refugees escaping the Taliban takeover, Spojmie’s relentless advocacy for refugees garnered national attention and was featured in local and national media publications and in congressional roundtables.
“Geography should not be an obstacle for immigrant families in the Central Valley seeking effective legal representation for their immigration matters,” said Spojmie on the new Modesto office. “We’re thrilled to be joining these incredible communities that value hard work, determination, and family.”
As immigrant workers and families seek to build their futures in the Central Valley, the Law Office of Spojmie Nasiri, PC will serve as an important resource for the community. The firm offers a full suite of immigration law services, including Naturalization, Family-Based Visas, Spousal Visas, and Fiancé Visas, I-751, Removal of Conditional Resident Status, 601/601A Hardship Waivers, DACA Renewals, Advance Parole, U Visas for Victims of Crime, T visas for Victims of Human Trafficking, Parole in Place (PIP), for Family Members in the Military, Consular Processing, and Deportation Defense legal matters.
The United States Immigration and Customs Enforcement, more commonly known as ICE, is the agency responsible for enforcing immigration laws. In situations where a person has entered the country illegally or has overstayed a visa, ICE is the agency that would detain and possibly deport the person.
In response to the failed and highly immoral Trump administration's family separation policy, the Biden administration released a policy directive in 2022 that instructs ICE officers on how to handle situations involving parents or legal guardians. During the course of their enforcement efforts, ICE encounters people who are parents of minor children or legal guardians of a child or incapacitated adult. This new policy directive makes it the responsibility of ICE not to abuse the "fundamental interests" of parents, legal guardians, and those for whom they are legally responsible. ICE must routinely ask those they encounter as part of their enforcement if they are a parent or legal guardian, and follow a set of instructions if they are.
These new policy directives apply for subjects who are the primary caretaker or custodial parent of a minor child under the age of 18 or an incapacitated adult in the United States. This also applies for guardians appointed through a family court, guardianship, child welfare proceeding, or probate court that involves a minor child or incapacitated adult.
The policy directive includes the following protections:
If you are the parent or legal guardian of a minor child or incapacitated adult, it is important to know your rights. If you are arrested or detained by ICE, be sure to note ICE Directive 11064.3: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults. In all situations involving detention or deportation, it is very important to have an immigration attorney to advocate on your behalf and to protect the legal rights of you and your children.
Immigration attorney Spojmie Nasiri took some time to reflect on the story of just one of her clients, who she successfully helped coach through the process of becoming a U.S citizen. Read the heartwarming reflection below, which showcases exactly why our firm works so hard for our clients:
One of my female Afghan clients truly touched my heart today. The remarkable resilience of my Afghan sisters in the face of numerous challenges and hardships, including years of war, political instability, social and cultural barriers, and violence never ceases to amaze me.
As an immigration lawyer, there are few things more rewarding than seeing a client achieve their dream of becoming a U.S. citizen; when that client is someone who was once shy and received no formal education, the feeling is even more profound. I have had the privilege of helping many clients achieve their dream of becoming U.S. citizens. Seeing the joy on their faces when they pass the citizenship test is one of the most rewarding parts of my job. I have seen clients break down in tears, hug their family members, and even do a little dance of joy. Each client is unique and has their own set of challenges and obstacles to overcome, but this client stood out to me today as truly special.
This client came to me six months ago with a dream of becoming a U.S. citizen but was facing a difficult road ahead. English was not her first language, and she had failed the naturalization test in the past. She had no formal education and struggled with English, which made navigating the immigration system all the more difficult for her. She was also very shy and hesitant to ask questions or seek help.
At first, I was uncertain if I could help my client pass her citizenship test. However, I quickly realized that she was eager to learn and willing to put in the hard work required to achieve her goal. Working closely with my client, we developed a personalized study plan that catered to her strengths and weaknesses. We practiced interview questions, reviewed civics materials, and focused on improving her English language skills. It was a challenging process, but she never gave up. I watched as she slowly gained confidence and knowledge about U.S. history and government and improve her reading and writing skills. I could tell that the process was not easy for her, but she remained steadfast in her determination.
Today was my client's citizenship interview at the USCIS office in Sacramento. She was understandably nervous this morning. However, I knew she had prepared well, and I was confident in her ability to pass the U.S. citizenship exam. I continuously gave her words of encouragement as she saw other immigrants and a few fellow Afghan immigrants exit their interviews and informed her that they had failed their naturalization exams. Finally, after two hours of anxiously waiting, her name was called and I gave her an encouraging smile as we both followed the USCIS officer to conduct her naturalization exam. I could see the nervousness on her face as she answered the questions posed by the USCIS officer.
I am thrilled to report that she passed with flying colors! When the USCIS officer finally told her that she had passed, she was overcome with emotion, and so was I. Seeing the tears of joy on her face, I felt an immense sense of pride and accomplishment. As an immigration lawyer, it is easy to get bogged down in the technicalities of the law, but moments like these remind me of the human impact of my work.
I couldn't be prouder of her accomplishment. The joy of passing the citizenship test is something that stays with you forever. It is a moment of triumph that you can look back on with pride. It is a reminder of all the hard work and sacrifices that went into making this dream a reality for someone who had never studied for any examination in her life. It is also a source of inspiration for other immigrants, particularly women, who are on the same journey.
The joy and pride I felt in helping my client achieve her dream is immeasurable. Her journey was not easy and was a testament to the power of hard work and determination. Her achievement showed me that education is not the only path to success. With the right mindset and guidance, anyone can achieve their goals, regardless of their background.
To my dear client, I want to say congratulations on this amazing achievement. You are a shining example of what is possible when we work hard and never give up on our dreams. You are proof that anything is possible with hard work and perseverance. You have made your family proud, and you have made a positive contribution to our society. May your future be filled with happiness and continued success. Thank you for allowing me to be a part of your journey.
As we celebrate my client's achievement, I am reminded of the countless other refugees and immigrants who are still fighting for their own American dream. We must continue to support and uplift these individuals, who have so much to contribute to our society.
To all of my clients, past, present, and future, I want you to know that I am here to support you every step of the way. Together, we can overcome any obstacle and help you achieve your goals.
As an immigration lawyer, I am honored to play a small part in helping each of my clients achieve this dream and I am grateful for the opportunity to witness the joy that comes with passing the citizenship test.
Lawful permanent residents receive a permanent resident card, most commonly known as a green card, to prove their immigration status. Once issued, a green card expires after 10 years, upon which time the resident must either renew their green card or apply for citizenship. To remain a lawful permanent resident in the United States, residents must have a valid and unexpired green card in their possession. Lawful permanent residents can file if their green card is expired or will expire within the next 6 months.
Immigration Form I-90 is the USCIS form for applying to renew a green card. Form I-90 can also be used for those who need to replace their green card, in situations where the card is lost, stolen, or damaged. In certain situations, lawful permanent residents will need to update their biometric information on their green cards, such as legal name change or change of gender or sex marker. This can also be accomplished by filing Form I-90.
For those with conditional resident status, such as investor-based or family-based conditional residents, they are issued a 2-year green card instead of a 10-year green card. USCIS will not renew a 2-year green card. As a result, conditional residents can use Form I-90 to replace a lost, stolen, or damaged card, but cannot use it to renew their green card. Instead, these conditional residents must petition to remove their condition through a Form I-751 or Form 1-829.
Lawful permanent residents can file a Form I-90 to renew their green card.
Conditional permanent residents and lawful permanent residents may file a Form I-90 for the following purposes:
When applying for a green card renewal, USCIS will only require the expired green card. This can be provided in the form of the expiring green card, or by sending in a Form AR-3, AR-103, or I-151.
USCIS will require additional documentation for those seeking to replace a lost, stolen, or damaged green card, or needing to update the information on the green card.
If the card is missing or destroyed, USCIS will require a government-issued ID, such as a passport, driver's license, or military ID.
If the lawful permanent resident's personal information has changed, USCIS will require a copy of the green card, as well as legal documents showing the updated personal information. This can take the form of a marriage certificate, divorce papers, adoption papers, passport, birth certificate, court document of a gender or name change, or other court documents as needed.
In other situations, such as never receiving an issued green card, USCIS may required the latest Notice of Action (Form I-797) or passport with an I-551 stamp.
In September of 2022, the Biden Administration implemented a rule change that directed USCIS to automatically extend the expiration date of green cards by 24 months once a lawful permanent resident has filed a Form I-90. Previously, green cards were automatically extended by 12 months once a Form I-90 had been filed.
It is recommended that the Form I-90 should be filed within 6 months of the green card expiration date, but not before. If the green card needs to be replaced or updated, the Form I-90 should be submitted as soon as possible.
Yes, Form I-90 can be filed online for green card renewals and replacements, unless you are applying for a fee waiver. However, you will not be able to file online, and instead will need to mail your application, if you never received your green card, if your green card contains errors, or if you are 14 years old and your green card expires after you turn 16.
The fee for filing a Form I-90 is $455, plus the $85 biometrics, if required. There is no fee if you filing Form I-90 because you never received the card, if there is incorrect information due to a DHS error, or if you are turning 14 and your green card expires after your 16th birthday.
You must include your expiring or expired green card with your Form I-90 application. In situations where the card is missing or damaged, you will need to include a government-issued ID, such as a passport or driver's license. Other documentation may also be required,
USCIS may require a biometrics appointment as part of your application to renew or replace your green card.
You can file a Form I-90 more than 6 months before the card's expiration date, but it will most likely get rejected, so it is not recommended. Also, once a Form I-90 is accepted by USCIS, your green card's expiration date is automatically expired by 24 months - so it doesn't make sense to file earlier than 6 months. However, if you are replacing your green card, you should file Form I-90 ASAP.
Yes, use the USCIS "Check Status Online" tool to see the latest updates on your Form I-90 application and processing. You can access the tool here: https://egov.uscis.gov/casestatus/landing.do
In order to apply for citizenship, there are several requirements that an applicant must meet. They must be 18 years of age, must demonstrate continuous permanent residence in the United States for at least 5 years, and must be a green card holder, among other requirements. During the application and review process, the United States Citizenship & Immigration Service (USCIS) will ask many questions to determine eligibility, including questions about the applicant's moral character. Applicants who do not demonstrate good moral character are deemed ineligible and their application is rejected.
Part of the moral character determination is the applicant's history of paying taxes. During the process, USCIS will ask three questions regarding taxes:
As a result, you could be asked to show a USCIS officer your tax returns or a tax transcript from the past 5 years to verify your tax history, or 3 years if you are married to a US citizen.
So with tax season rapidly approaching, it is important that you file your taxes on time, especially if you plan on applying for naturalization in the next few years. USCIS can determine there is a lack of good moral character if the Internal Revenue Service (IRS) indicates any of the following issues:
However, while the issues above severely threaten eligibility for naturalization, there are certain steps you can take to remediate the issue and demonstrate good moral character in trying to resolve the tax issues. This includes arranging a payment plan with the IRS, filing overdue tax returns, and paying any late penalties. By entering into an "offer in compromise" with the IRS, you can present that notice during your naturalization processing for consideration, along with other evidence that demonstrates good moral character.
Another tax issue that could significantly impact eligibility for naturalization is the payment of taxes to a foreign government, or filing US taxes as a "non-resident". USCIS uses a history of paying taxes as a basis for determining that the applicant has continuously resided in the United States. By filing a tax return as a non-resident, USCIS could determine that the applicant has abandoned his or her residency. It is important to consult with an attorney if you have filed taxes as a "non-resident" or if you have filed taxes in a different country.
On December 9th, the U.S. Citizenship & Immigration Services (USCIS) announced that it would be automatically extending the validity of green cards for up to 24 months for those applying for naturalization. These green card holders who have submitted a Form N-400 Application for Naturalization receive the extension without having to submit a Form I-90 Application to Replace Permanent Resident Card.
Because of lengthy immigration processing times, many green card holders have struggled to renew their permanent resident cards in a timely fashion. For those in the process of applying for naturalization, they could find themselves in limbo if their green card expired while their application was being processed. During this time, green card holders could lose their employment authorization or face deportation if they are unable to prove their lawful permanent resident status.
Now, applicants who have filed a Form N-400 will receive a receipt Notice of Action (Form I-797) that includes an automatic extension of 24 months from the date listed on the "Card Expires" field on their green card. These applicants can present the Form N-400 receipt notice and their otherwise expired permanent resident card to prove their valid and unexpired status as a lawful permanent resident during the 24-month extension period. During this time, they do not need to file a Form I-90 to renew their green card.
Previously, green card holders had to file a Form I-90 at least 6 months before the expiration date on their Permanent Resident Card. Once processed, the lawful permanent resident would receive an Alien Documentation Identification and Telecommunication (ADIT) stamp in their passport, as a way to indicate that they still maintained their green card status. The Form I-90 was the only way to renew a green card beyond the expiration date.
This automatic extension helps reduce USCIS administrative burdens by reducing the number of ADIT stamp appointments and the number of Form I-90s being filed, which allows USCIS to redirect resources toward reducing backlogs in processing.
The new automatic extension applies only to Form N-400 filed on or after December 12th, 2022. If you filed for naturalization prior to December 12th and your green card expires within the next 6 months, you will need to still file a Form I-90 to renew your lawful permanent resident card. However, once you have filed your Form I-90, you will receive a receipt notice providing an automatic 24-month extension of your green card, based on a previous policy change that grants a 24-month extension to green card holders with a pending Form I-90 renewal.
