Written by: Spojmie Nasiri

Published by: American Immigration Lawyers Association "Think Immigration" Blog

As I sat down in my seat on the plane, I closed my eyes to reflect on my seventh and final trip to the various military bases housing 85,000 Afghan refugees over the course of the last five months. I and so many other immigration attorneys and advocates have been filling a need to help counsel the evacuees and try and help them navigate our labyrinthine immigration system after leaving everything they know behind them.

Filled with so many mixed emotions and lost in my thoughts, I let out a deep sigh behind my mask, not realizing anyone would hear me. Suddenly, I felt a tap on my shoulder. I opened my eyes and the lovely lady sitting next to me asked if I was OK.

Embarrassed and caught off guard, I quickly assured her I was OK. She asked me my name and told me her name was Lan. She asked me if I was in New Jersey for work and I simply answered yes. I was lost in my own thoughts again and didn’t feel like talking.

A few minutes later, she asked me what kind of work I did. I told her I was an immigration lawyer and I was in New Jersey providing legal assistance to Afghan refugees. With the utmost affection, she put her arm on my shoulder and said “I am about to cry, I am one of those boat people from Vietnam.” She continued, ”Seeing those Afghan people running onto planes at the airport in Afghanistan made me so sad and reminded me of how my people suffered.”

I felt my eyes tear up and a lump in my throat. Truly Allah brings people together in his own ways. Brought together by fate, here we were on a plane, two immigrants sharing our stories, our different journeys to America. Putting aside my own thoughts and emotions, I encouraged her to tell me more. It was a story full of details and heartache.

70 years old now, Lan left Vietnam at the age of 25. She was taken to Australia on a boat, alone without her family. She was the oldest of 11 siblings and she was the only one her parents could financially afford to get out of Vietnam. For years she worked in Australia; she then came to the U.S. as a data IT worker on an employment visa, got her green card and became a U.S. citizen. She spent years working and supporting her large family in Vietnam. With pride, she told me she saved money to get each of her 10 other siblings out of Vietnam. She teared up telling me “Afghans need to have hope as this is the only thing that will get them through this difficult journey. I never imagined I would ever see my family, especially my parents again in Vietnam. I held on to hope, I worked hard and supported my family all those years ago and I finally got to see them again in Vietnam. Who would have imagined that when I left Vietnam? Tell your Afghan people hope will get them through.” I sat there in silence, taking in all her wisdom.

While many of the Vietnamese refugees escaped by boat, their journey at sea was perilous as the refugees faced dehydration, starvation, bad weather and rough seas. Countless perished at sea. Like them, the Afghan refugees endured unimaginable difficulties during the chaotic and dangerous evacuation from Kabul Airport in August 2021

Hundreds of thousands waited days amidst the chaos and dangerous conditions. As my clients and thousands of others sought their way through the unimaginable and dangerous crowds, they endured beatings by the Taliban with whips and sticks. Many fought their way through tear gas, extortions, and even a suicide bombing. Wives, children and elderly mothers and fathers were separated from their loved ones amidst the mayhem and left behind in Afghanistan. The images of death and destruction shared with me via WhatsApp during the evacuation are hard to forget. Some told me if hell existed on earth, it was at the Kabul Airport during the dangerous evacuation of August 2021.

Like my fellow Vietnamese brothers and sisters and other immigrants, current Afghan refugees who arrive to foreign shores will face similar struggles to learn a new language and a new culture, secure adequate housing and find the financial means to support themselves and their families as they resettle in small and large cities.

Here in the U.S., over the last six months, many Vietnamese Americans in the Bay Area and all across the United States have been supportive of the Afghan refugees and have provided much needed assistance in resettlement. Many in addition to Lan have told me that watching Afghans running and being packed onto military planes at the Kabul Airport reminded them of similar experiences they and their families experienced decades ago.

Because of their own experiences, the urge to help has led to people organizing fundraisers, offering their homes, furnishing apartments, providing cooked meals, starting political advocacy campaigns and building coalitions with other organizations to support the newly arrived Afghan refugees. Many have reached out me and said “I just cannot sit back and do nothing, tell me how I can help the Afghan refugees.”

In coalition building across the Bay Area, our Vietnamese brothers and sisters have stepped up to pay it forward. Like Lan and many other immigrants before us, I can truly say that many of us immigrants are all in the place we are today because decades ago, people from all walks of life with love in their hearts and compassion stepped up to help us when we needed it the most. We are the product of those selfless acts of kindness which will never be forgotten and for which we are forever grateful.

Indeed, with hardship comes ease. I have no doubt with Allah’s guidance, hope, patience and perseverance, these Afghan refugees will flourish in this land of opportunity like all those before them. No doubt, they are not alone in their journey to America. In Lan’s words, “hope is all we have to keep us going.”

Immigration attorney Spojmie Nasiri has been intimately involved in the situation with Afghanistan. As a former child refugee herself, Spojmie knows the challenges that thousands of families have faced in trying to find a new place to restart their lives.

As an immigration attorney with this unique background, Spojmie has been a frequent speaker and author about the refugee situation and the various immigration legal matters associated with the crisis.

In the Fall of 2021, Spojmie wrote the featured cover story for a magazine called Immigration Lawyers Toolbox, which provides important information for immigration attorneys across the country. Her cover story gave a narrative of the journey thousands of refugees faced as they fled the Taliban's advances in Afghanistan. Spojmie also discussed important legal information about the immigration challenges that refugees had faced and the immigration processes that will be involved going forward.

You can read the article below, or click the button to download a PDF copy of the cover story article.

Attorney Spojmie Nasiri has been a relentless advocate for Afghan refugees fleeing the crisis in Afghanistan.

As many Afghan families have fled to the United States seeking resettlement, they were housed at military bases across the country until more permanent accommodations can be established.

However, several months after the fall of Afghanistan to Taliban control, thousands of Afghans still remain housed at military bases.

Spojmie has made multiple trips to several of these military bases. She visits with Afghan refugee families, sharing her personal refugee story, inspiring hope, and answering questions about the immigration system in the United States.

Spojmie was interviewed on a radio segment of The World, as part of a piece titled "Why do more than 40,000 Afghans remain at military bases in the US?"

You can listen to the interview below, or click the button below to listen to the segment on The World.

We are now fully-immersed in the holiday season. And as we celebrate the season with gratitude for all of our blessings, we reflect on how important community is.

Through all the challenges of this past year, it is community that helped so many pull together and overcome. During the worst months of the pandemic, front-line workers in our community helped keep our country safe and moving forward. Throughout the United States, tens of thousands of Americans across the political spectrum have stepped forward to welcome Afghans who aided the U.S. war effort in one of the largest mass mobilizations of volunteers since the end of the Vietnam War.

Our amazing community is rich in diversity, goodwill, compassion, and selflessness. We are so grateful for the opportunity to serve clients in this community, so that  spouses, parents, and children may resolve their immigration matters, bring their families together, and pursue their own versions of the American dream. 

With all of the challenges that the world has faced over the past 20 months, our firm wanted to give back in a unique way. That's why this year, we are celebrating community by holding a toy drive to support Toys for Tots!

Full Details

Throughout the month of December, the Law Offices of Spojmie Nasiri, PC will be collecting toys for donation to Toys for Tots in Alameda County.

For those seeking an initial consultation for their immigration law matter, please bring in unwrapped toys valued at ~$100, and you pay no consultation fee! The gifts can be appropriate for children of all ages, from 3 years old to 18 years old. Please make sure that gifts are new & unopened – and also unwrapped. Most toys are accepted by Toys for Tots, but they will not distribute gifts with food or toys that look like a realistic weapon.

You may also choose to participate in our toy drive by bringing toys or ordering items to be delivered to our office*.

*If you do order toys to be delivered to our office, kindly send us a message at marketing@nasirilaw.com, so we know to be on the lookout for your delivery!

FAQs

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.

Reposted from the Think Immigration Blog, produced by the American Immigration Lawyers Association, on September 27th, 2021

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:

• 1) are a U.S. citizen.
• 2) Are currently abroad seeking to return to the United States.
• 3) Are flying directly to the United States, a U.S. territory, or have only short-term transit (connecting flight) through a foreign country on their return to the United States or to a U.S. territory.
• 4) Have an expired passport that was originally valid for 10 years (or 5 years if the individual was 15 years of age or under when the passport was issued).
• 5) Have an expired passport that is undamaged and in their possession.

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/