As the dust settles from the crisis in Afghanistan, many Afghan refugees have come to the United States. There is an estimated 25,000 - 30,000 Afghans who live in the Fremont, California area, and it is anticipated that hundreds of refugee families would come to the area.
Fremont, and the larger Bay Area, provides a myriad of local services for the Afghan community, including banks, social organizations, mental health services, places of worship, and resettlement agencies.
But despite that strong network of support and the scary situation that Afghan families are fleeing, there is still the possibility of Islamaphobia and Xenophobia – especially in other parts of the country.
Attorney Spojmie Nasiri was interviewed as part of a larger article about the Afghan refugee experience.
You can read the full article here: For Afghan Refugees, a Choice Between Community and Opportunity
On November 2nd, 2021, immigration attorney Spojmie Nasiri was recognized in the Congressional Record of the United States House of Representatives. Congressman Eric Swalwell (D), the Representative from California's 15th Congressional District, recognized Spojmie with the proclamation.
After the US troop withdrawal in Afghanistan and subsequent military takeover by the Taliban, Ms. Nasiri worked tirelessly to help connect with Afghans seeking to flee the country. She coordinated with other professionals to help many families get out of the country, educated immigration practitioners around the country on the unfolding situation, and helped refugees navigate the immigration processes that were rapidly changing.
Said Spojmie of the recognition:
It is a great privilege and honor to be selected by Congressman Eric Swalwell for the award and the recognition into the Congressional Record for my humble service to the Afghan community. I am truly honored to receive this recognition.
Immigration Attorney & Award Recipient Spojmie Nasiri
You can see all updates about the crisis in Afghanistan, including Spojmie's media appearances, here: Hub for Afghanistan Updates
The full text of the recognition is listed below:
Congressional Record Vol. 167, No. 192, page E1179
Mr. SWALWELL. Madam Speaker, I rise to recognize Afghan-American immigration attorney Spojmie Nasiri for her tireless and impactful work in assisting Afghans before and during the crisis of the Taliban's resurgence.
Spojmie was born in Paktia, Afghanistan, in 1975 and emigrated with her family first to Germany in 1981 and then to the United States in 1982, refugees from the Soviet-Afghan war. After growing up in Concord, California, she received her Bachelor of Arts degree in Political Science from the University of California, Davis in 1998 and her Juris Doctorate from Golden Gate University, School of Law in 2003.
Today, she is a member of the California State Bar admitted to practice before the California Supreme Court and the U.S. District Court for the Northern District of California. She chose to practice immigration law because she is, as she puts it, "acutely aware of the pain endured by immigrants separated from their families."
She has used her personal experience to more fully understand the challenges her clients face, and to help them navigate the complex immigration process. She has done substantial pro bono work, and in 2019 she founded the nonprofit We Have Hope Foundation to support Pashto speaking youth in Afghanistan and around the world by creating accessibility to world-class learning materials in Pashto.
Her life's work took on new dimensions in recent months as she has worked diligently from her Pleasanton, California office to help bring clients out of Afghanistan. Working by phone and email, she strove to coordinate efforts with the State Department to help people navigate the terrifying circumstances in Kabul to reach the airport and escape the country. At the same time, Spojmie has worked with groups including the Afghan Coalition and the Jewish Community Relations Council to inform the public about Afghan refugees' legal and practical needs for resettlement, and how best to help in the months and years to come. As an immigrant, you have a passion, a drive that's unlike any other," Spojmie once wrote. "And you want to give back."
I thank Spojmie for continuing to give back so much in a time of such great need. She is a credit to her heritage, family, profession, and the 15th Congressional District.
In this blog post, AILA member Spojmie Nasiri shares insights and information about the situation facing Afghan evacuees and how we can help. She was interviewed by Diversity, Equity and Inclusion Committee Chair Ban Al-Wardi.
Please share your personal background and connection to Afghanistan.
I came to the United States as a refugee from Afghanistan in the early 1980’s as a result of the Afghan-Soviet War. During our long journey to the United States, my father, siblings and I were forced to leave my mother behind in Pakistan for about 8 years while she was stuck in the refugee process waiting for our reunification. This separation from my mother for an extensive period of time was extremely difficult and impacted me deeply as a young girl in a new country. As a result of these personal experiences, I always envisioned myself becoming an attorney, particularly an immigration attorney.
While in college at the University of California Davis, I met and married my husband. After graduation, my husband attended medical school while I attended Golden Gate University, School of Law. I had my first, second, and third child during the three years of law school. After law school, I volunteered for a few years at the Immigration Law Clinic at UC Davis School of Law and then opened my immigration law practice in 2011. I served as the President of the Council on American Islamic Relations (CAIR) in the San Francisco Bay Area for three years. Currently, I am a board member for the Afghan American Community Organization and also a board member for the International Orphanage Committee. In 2019, I founded the We Have Hope Foundation which is focused on translating Khan Academy math videos into Pashto to be used in Afghanistan.
Where do things stand regarding vulnerable Afghans now?
The circumstances for vulnerable Afghans are dire and catastrophic. It is unclear how people will be evacuated and how their immigration applications will be adjudicated. The evacuation of United States citizens and lawful permanent residents seems more realistic at this point. Securing humanitarian parole, SIVs, P1, P2, and P3s is quite challenging, as there have been thousands of these applications filed and we do not yet know the status of these pending petitions, or even if approved will provide individuals with a way out of Afghanistan.
One of the challenging issues at the moment is that even if the applications are approved, the beneficiary must be able to leave Afghanistan to obtain the boarding foil or visa in a third county. This is an issue because the Taliban have stated they will not allow people to leave Afghanistan. Reports indicate that some of those who have fled Afghanistan to neighboring countries have been deported and sent back to Afghanistan. Others are fearful of leaving their beloved homeland Afghanistan due to retaliation and possible death at the hands of the Taliban. Recently, there were 20 Afghan pilots who escaped to Uzbekistan and were facing deportation back to Afghanistan. However, the United States government intervened and came to an agreement with the government of Uzbekistan to parole the pilots into the United States. The future will tell whether the Taliban will allow individuals to leave Afghanistan. If third party countries will agree to issue visas and allow people to remain in their country for extended time, there may be some realistic opportunities to escape the wrath of the Taliban. But this has been the most serious challenge so far, particularly when countries like the United States have closed their consular operations in Afghanistan.
What does immigration to the United States look like for the Afghan people seeking to leave their country now?
At this time processing of Afghan applications have essentially been halted at the National Visa Center (NVC). For the applications pending at NVC, the Department of State (DOS) has sent out emails stating applicants should make a request to transfer their applications to Doha, Qatar. At this time, no further instructions have been provided by DOS in regards to how an applicant will be able to travel to Doha for an interview or how long the process will take for an interview to be scheduled in Doha. We have to keep in mind that due to COVID, there are extensive delays at U.S. Embassies around the world and no further information has been provided in regards to the process for Afghan nationals. Also, when the pending petitions are transferred to Doha and interviews are scheduled, there is no available information on whether the Taliban will allow these individuals to travel to Doha as the Taliban have stated they do not want people leaving Afghanistan. These are some of the challenges that must be dealt with in the near future.
What challenges are those who have already been evacuated facing?
Reports from various sources indicate that many of the Afghans evacuated were not SIV applicants. In the coming months and years, we will have better understanding of the number of evacuees, as well as what form of relief they may be eligible for to adjust their status to that of a Lawful Permanent Resident. Parolees are not eligible for federal public benefits. Thus, going forward, we will have to see funding will be put in place for parolees to benefit from public benefits or other forms of financial assistance. Despite the many obstacles newly arriving Afghans will face in the coming months and years, there has been an outpouring of generosity and support for Afghans from every social fabric of our community and the government agencies who are providing resources to help those in dire need of legal, social, medical, and financial assistance.
In your opinion, does this crisis connect to the larger refugee crisis resulting from “forever wars” waged for decades?
War does create refugees whether it is in Afghanistan, Central America, Iraq, Africa, or anywhere else in the world. Over the course of the 20 years of war in Afghanistan, the U.S government promised they would stand by the thousands of Afghan translators and their families as they stood by our troops and now we have failed on this promise. The United States and the international community has a legal and moral obligation to fulfill the promises made to the hundreds of thousands of Afghan allies who served, in good faith alongside the U.S. military. This crisis in Afghanistan is indeed connected to the larger refugee crisis as Afghans who in good faith relied on the U.S. government promise to protect them now must fend for their lives against the Taliban. For those who were fortunate enough to be evacuated, they will nonetheless endure years of hardship and difficulty in adjusting their status from that of a refugee to that of a legal permanent resident of the United States.
How can AILA members best help?
AILA members have been extraordinary and on the forefront of this crisis from the beginning. Our first AILA call attracted approximately 50 people and during the second call, we had nearly 800 AILA members interested in providing services to the Afghan community. AILA members have been able to pick up where the governments have failed. Many of them have stepped up to take on pro bono humanitarian parole cases, while others have volunteered in so many other capacities. Some have even traveled to the various bases on the East Coast in order to provide their legal expertise and services. In particular, the AILA leadership has been extraordinarily supportive as they have worked night and day to advocate for our clients and provide up to date information to our members. In the coming months and years, AILA members’ services and support will be crucial to the influx of Afghans seeking to adjust their status in some legal manner.
On Friday July 16th, a Federal District court judge in Houston ruled that the Deferred Action for Childhood Arrivals, or DACA, program was illegal and prevented new applications from being approved. Judge Andrew Hansen wrote in his opinion that then-President Barack Obama violated the Administrative Procedures Act by not engaging in a general comment process that is mandated by statute.
As a result of the decision, the Department of Homeland Security may not approve new applications for DACA protection. However, the decision does state that DHS may continue receiving initial petitions. So currently, DACA petitions can still be filed. However, there will not be a decision on those applications until litigation concerning the program is completed.
The Federal court decision does not impact people who are currently receiving DACA protection, and the judge went so far as to say the government should not take any action such as deportation or criminal action that it "would not otherwise take". Immigrants who are living and working in the United States with DACA will still be able to do so without fear of deportation, at least for the time being. In addition, DACA recipients are not prevented from renewing their petition, which is required every two years under the program.
The Biden Administration has already pledged to appeal the ruling, and also is seeking legislative action to make the program more permanent. USCIS recently reported a backlog of over 50,000 new DACA applications, and this decision is expected to create even further delays.
Contact the Law Office of Spojmie Nasiri, PC to get the latest information on DACA, and if you are interested in filing your initial DACA application.
When Joe Biden assumed the presidency, he issued an executive order on his first day in office that pledged to reinstate and expand the Deferred Action for Childhood Arrivals program, or DACA. In the first quarter of 2021 following that executive action, over 50,000 people have applied for DACA for the first time.
However, data from the U.S Citizenship and Immigration Service (USCIS) from January through March of 2021 show that only 763 new applications for DACA were approved in the first quarter of 2021, with a backlog of 55,000 applications that are pending.
A spokesperson for USCIS explained that the delay is caused by a surge in applications and limited administrative capacity due to the ongoing COVID-19 pandemic. The administration is taking steps to process the backlog of initial DACA petitions as quickly as possible, and expand capacity to improve processing speed in the future.
DACA provides eligible individuals several benefits, such as protection against deportation, work permits that can be renewed every two years, and the ability to travel abroad through the advanced parole process. Once a DACA petitioner is approved, they must then go through a fingerprint screening process before receiving their two-year work permit, which adds additional delays to the process.
The latest data from USCIS shows active DACA recipients and new petitions as of March 31, 2021. California leads all other states with over 28% of all active DACA recipients, and the San Francisco Bay Area is ranked 9th of all metro areas, with over 12,000 recipients. The Los Angeles metropolitan area boasts the largest number of recipients in the United States, with nearly 6x as many recipients as the Bay Area. The overwhelming majority of DACA recipients were originally born in Latin American countries, with Mexico, El Salvador, Guatemala, and Honduras being the top origin countries and together accounting for nearly 90% of all recipients.
The Law Office of Spojmie Nasiri, PC has helped many DREAMers successfully apply for DACA, and the team is closely monitoring updates and processing times with USCIS. If you are considering applying for DACA for the first time or renewing your DACA petition, our compassionate and detail-oriented team can guide you through the process and help ensure that no mistake or error puts your application at risk. Our immigration law firm is passionate about helping you secure your DACA approval, so that you can support your family and travel abroad without fear of being deported.
On May 24, 2021, the State Department announced in conjunction with Customs and Border Protection (CBP) that U.S. citizens can return to the United States with expired passports under certain circumstances.
Beginning May 24, 2021, U.S. citizens will be able to return to the United States on an expired U.S. passport through December 31, 2021, if they:
Please note that an expired U.S. passport may not be used to travel from the United States to an international destination for any duration longer than an airport connection.
DOS recommends U.S. citizens delay any travel abroad and reminds that return to the United States requires proof of a negative COVID-19 test result, taken within 72 hours of their flight’s departure.
Read More: https://www.state.gov/return-travel-on-recently-expired-u-s-passports/
Newly-elected President Joseph Biden aggressively campaigned on a promise of restoring the Deferred Action for Childhood Arrivals (DACA) program. And on his first day as President, he quickly moved to issue an executive order that preserved and strengthened the original DACA program that he helped champion while Vice President to Barack Obama. The former Trump Administration continuously tried to cripple or dismantle the DACA program, by issuing decisions to stop accepting new applications and by not defending the program in court. However, several Federal court decisions overturned this behavior, and in 2020 the Supreme Court struck down the Trump Administration's efforts to end the program. And now that President Biden is in office, the future of the DACA program is very bright.
New petitions for DACA protection are currently being accepted by USCIS, and renewals are actively being processed. So, if you believe you are eligible for DACA and would like to apply, don't delay in contacting an immigration attorney to help you through the process.
DACA is a policy implemented by then-President Barack Obama that provided a quasi-legal immigration status to certain individuals who were in the United States unlawfully. Under DACA, eligible individuals who were brought to the United States illegally as children would be protected from deportation, so long as they met certain conditions. Those receiving DACA are eligible to renew every two years.
Individuals who qualify for DACA protection must meet the following criteria:
You can apply for DACA by filing Form I-821D with the USCIS. It is strongly encouraged that you consult an immigration attorney to help determine if you are eligible and to help you through the process. The Law Office of Spojmie Nasiric PC has significant experience helping DREAMers successfully enroll in the DACA program.
The U.S District Court of Maryland ruled on July 17th that the Trump Administration must accept new DACA applications, after the Supreme Court decision in June that struck down efforts to end the program. Over 600,000 people have received deportation protection under DACA, which also grants eligible individuals certain benefits such as work authorization, a social security number, and the ability to obtain driver’s licenses.
Since 2017, the Trump Administration has tried to progressively dismantle the Deferred Action for Childhood Arrivals (DACA) program. In the Fall of 2017, the United States Citizenship and Immigration Services (USCIS) stopped accepting new DACA applications. USCIS also made it difficult to for renewal applications to be processed and tried to stop accepting renewals altogether, but several Federal courts issued injunctions in 2018 that forced the administration to accept renewals. Since then, the program has been the victim of delays, obstruction, and uncertainty, where renewal applications were being processed by no new applications were being accepted.
The Supreme Court issued a 5-4 decision in June 2020 that the Trump Administration had not provided satisfactory legal justification for terminating the DACA program and had to restore the program to its original 2012 form. Many immigration experts understood this decision to mean that USCIS had to also start accepting new applications. However, even after the Supreme Court decision, USCIS had a notice on the website indicating they were not accepting new applications and clients who were submitting new DACA applications during that time were still being denied.
In light of the Maryland Federal Court ruling, USCIS is now currently accepting new DACA applications, but are putting the new applications in “pending” status.
While the recent court decisions obstruct the Trump Administration’s efforts to end DACA, it does not give permanent protection to the program and does not affirmatively declare that the program is legal.
To submit a first-time application for DACA protection, the applicant must meed the following criteria:
Applicants should consult an immigration attorney or Department of Justice accredited representative before applying for DACA for the first time. The initial application requires substantial evidence to prove the requirements above, so individuals will need to submit proof of identity, education, and criminal history. It is important for new and renewing DACA applicants to keep in mind that the DACA program does not provide a path to permanent residence or citizenship, and some DACA information may be accessible by Immigration and Customs Enforcement (ICE), though USCIS has stated that DACA information is protected.
The Law Office of Spojmie Nasiri is closely monitoring developments related to the DACA program. Please contact us at (925) 520-5195 if considering applying for DACA for the first time, or if interested in exploring other paths to citizenship or immigration relief.
USCIS is currently accepting Advance Parole Applications and issuing I-797 Notice of Action Receipt Notices. Please contact our law office for further information in applying for Advance Parole.
>>>Read about Advance Parole for DACA Recipients
Over the past 18 months, there has been a general increase in the processing times by the United States Citizenship & Immigration Services. The most recent national average data comes from the previous US Government fiscal year, which ran from October 2017 through September 30th of 2018. This data, released as of September 2018, shows that the USCIS processing time for many forms has increased noticeable over the past 18 months.
These delays cannot be narrowed down based on the type of case, because the data only shows processing times of the different types of forms. Immigration forms can be processed for different types of cases. For example, the form I-129 could be used for a fiancé visa or an employment-based visa. The aggregate data collected by USCIS only shows the increase in processing times for each type of form. Right now, the processing times for immigrant visas – both parent-based petitions and spousal petitions – have increased by almost 18 months, and it is expected for that increase to continue.
Additionally, there has been increase in processing time at consulates. Depending on the consulates in many different countries, we are seeing an increase in petitions and a growing backlog, particularly for countries located in the Middle East. There is no data to show why the delays have occurred, but immigration practitioners have seen a general increase in consular processing time ranging from 12 to 18 months.
Delays are affecting all types of immigration cases. For example, the average processing time for immigrant petitions for an employer has increased by 6 months. If you’re applying for a green card for a relative, such as a parent, spouse, or a child under 21, we’ve seen the processing time increase by almost 8 months. So on average, we’re seeing about 9 months added to the overall processing time.
To put these delays in perspective, consider fiancé petitions. Fiancé petitions used to take about 4 months or so to be approved in the United States. Once approved, these applications were processed at the various consulates. This process took, on average, about 6 months from beginning to end, when you got the fiancé visa. Now we’re seeing it takes an average of 8 to 10 months for the fiancé petitions, and spousal petitions are taking about a year to a year and a half to complete.
Sometimes, clients ask questions about whether they should do a fiancé petition for someone filing abroad or should they file a spousal petition, given the delays in processing. Immigration practitioners are noticing processing delays at many of the consulates, particularly with cases involving people from Afghanistan or Pakistan or other Middle East countries. Despite the fact that no information or documentation is missing, the processing delays are making it take longer to get an answer or to get a visa after the interviews of the alien relatives. However, you can avoid the timing delays and unpredictability by filing a spousal petition and getting married in the home country, instead of filing a fiancé visa.
One other area where we have seen a significant increase in processing times is in citizenship naturalization applications. In the last 18 months, there were nearly 730,000 pending citizenship applications at the end of last year. That constitutes more than an 80 percent increase since 2015.
Currently, the backlog is almost 18 months by the time the citizenship application has been filed to get an interview. It used to take about 6 to 8 months from the time of filing to get an interview, whereas now we’re seeing an average of 12 to 14 months just to get an interview. So, there’s been a significant increase in the waiting period, due to the tremendous number of people applying for citizenship for fear of changes in the future.
The key component to keep in mind with all of these increases — whether it’s a consular processing, filing a petition of adjustment of status for a family member in the US, or applying for citizenship —the data shows that the increases have been significant and that they will only get worse with time. So it’s very, very important to work with an attorney to make sure that the documentations are prepared correctly and completely.
One other thing to keep in mind: on September 11 of this year, there was a memo passed out by USCIS that impacts documentation. The memo stated that, if there’s something missing or something done incorrectly when filing a petition, USCIS will no longer be issuing “Requests for Evidence” or “Requests for Information”. Instead, they will outright deny the petition. The consequences of such a denial are severe. When the case is denied, the money spent is completely lost and, in some cases, the applicant will have to have to explain why the first petition was denied.
So, when filing for a petition of any type in the United States or abroad, it is very crucial that you have an attorney prepare the documentation and possibility represent you. Experienced and licensed immigration attorneys practicing in the United States will help prevent making costly mistakes. When selecting an attorney, be sure to ask the attorney questions about their background and experience with the type of cases they’ve handled. This is especially important if you are doing cases abroad. Ask the attorney if they have experience with that particular consulate. Each consulate has its own nuances and information; if an attorney has not done worked there before, they might not be experienced enough to handle those cases.
Finally, if you are thinking about applying for citizenship, then right now is the best time. As it has been indicated, the processing times are expected to increase; so if you are interested, filing now could potentially avoid further delays and changes in the law.
What is the U Visa?
The U visa is a non-immigrant visa for individuals who have been victims of certain qualifying crimes. These victims have suffered substantial physical or emotional harm; they are allowed to remain in the United States by cooperating with law enforcement and continuing to help with the investigation.
A victim may apply for a U visa if they have been a victim of a qualifying crime, which includes domestic violence, sexual assault, trafficking, blackmail, involuntary servitude, employment-based discrimination, exploitation, slavery, and sex trade crimes that have occurred in the United States.
What is the Process for Applying for a U Visa?
If an individual is a victim of a qualifying crime, the first step in applying for a U visa is to look at the police report. It’s very critical that if an individual is a victim of a crime, that they report the crime.
If they do not report the crime, there is no way to be able to obtain a police report in order to qualify for potentially applying for a U visa. A lot of times clients — particularly if they are victims of domestic violence — will refuse to cooperate with law enforcement or to press charges against a perpetrator. However, in these situations, one of the requirements for a U visa is reporting the crime.
Once the crime has been reported, the next requirement is cooperation with law enforcement by providing as much information as possible to create a detailed police report. Once the police report is filed, have an attorney review the police report to determine if it is a qualifying crime.
If the crime is one that qualifies for a U visa and the victim has cooperated with the investigation, the next step is to ask law enforcement to certify and show documentation that the applicant was a victim of a crime. In order to apply for a U visa, the applicant will need the full police report. The attorney will then file a new research certification with the appropriate police department. Once the attorney receives certification, he or she can then process the U visa application with the United States Citizenship & Immigration Services.
Are There Any Potential Drawbacks to Applying for a U Visa?
Currently, there is a backlog of U Visa applicants in the United States. Only about 4,000 U visas are available each year. The application process is quite thorough, so it is important to ensure that the case is fully documented. A frequent concern is that if the victim reports the crime to law enforcement, that they will be reported to Immigration and Customs Enforcement (ICE). This is a very legitimate, serious concern. However, in all the years that I had been practicing immigration law in the San Francisco Bay Area, I have never had any of my clients be reported to ICE because they were a victim of a crime and they reported it to law enforcement.
It is important to ease that concern from victims, because one devastating impact is that some victims of very, very serious crimes — crimes that would qualify them for a U visa — will not report the crime for fear of being deported. It is very important to report the crime, because if it isn’t reported, there’s nothing that an immigration practitioner like myself can do for you.
How Long Does The Process Take? And How Long Is The Visa Valid?
Once the U visa has been filed, the processing time could take anywhere between three to five years to get preapproval of a U visa. The U visa itself, if the case is approved, will allow you to have you to have U visa status for four years. Then, it allows the victim the opportunity to file for lawful permanent residency status. Additionally, the U visa allows the victim to apply for US citizenship in the future. So it’s sort of a pathway to citizenship. Victims of a qualifying crime can also include a spouse if they’re legally married, as well as children under the age of 21 who are undocumented.
How Do I Go About Determining If I Should Apply for a U Visa?
If you’ve been deported before or if you have a criminal record, an attorney will need to assess the facts of each case individually, to determine if there are any risks of applying for a U visa. My office has successfully completed hundreds of U visas.
Does the Crime Have to Be One of Physical Violence?
There’s a through process for documenting the victims both physical and emotional harm. However, one misconception is people think that a U visa applicant must have suffered physical harm. That is not necessarily the case. Victims who have been kidnapped, who have been victims of severe robbery, or who have been victims of emotional, psychological, or domestic abuse that haven’t suffered physical harm have been successful in obtaining a U visa. Attorneys will work closely with the psychologist to document both the physical, emotional harm to the petitioner.
