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Law Office of Spojmie Nasiri, PC Expands Immigration Practice for Modesto & Central Valley Clients

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:

  • Under the new policy directive, there are certain situations where ICE should not send a parent or legal guardian to detention. If ICE decides to detain a subject, they must follow instructions regarding the care of the dependent child or incapacitated adult.
  • If ICE must send a subject to immigration detention, the facility must be geographically close to the child or incapacitated adult.
  • If detained, ICE must allow the dependents to visit the parent or guardian regularly. This includes remote visits, and visits accompanied by an attorney or notary.
  • At the time of arrest, ICE must allow the parent or legal guardian to make a plan for dependent care before being arrested or detained.
  • At the time of arrest, ICE must wait with the parent or legal guardian for the arrival of the person or agency that will be caring for the dependent. They cannot move the subject to a new location until the designated person or agency arrives.
  • ICE must make arrangements for the parent or legal guardian to appear in-person for family court, child welfare, or guardianship proceedings, if the appearance is required for maintaining or regaining custody of the dependent.
  • In situations where ICE decides to deport the parent or guardian, they must allow the subject to make plans for the future care of the dependents. This can include arranging guardians in the United States or obtaining travel documents for the dependents to travel with the guardian outside the United States.
  • For any pending court cases or child welfare hearings, ICE must consider the dates of these proceedings before completing a removal order or deportation.

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.

Lawful permanent residents can use a Form I-90 to renew their green card with USCIS.

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.

Reasons to File a Form I-90

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:

  • If they have legally changed their name, and need to update their name on their green card
  • If they have legally changed their gender, and need to update the sex marker on their green card
  • If their green card has been lost, stolen, mutilated, or destroyed
  • If their green card was issued but never received, such as getting lost in mail
  • If their green card was issued with incorrect information
  • If the resident is turning 14 years of age

Process for Applying to Renew or Replace a Green Card

  1. To renew or replace a green card, a lawful permanent resident should first complete Form I-90. An immigration attorney can help with the preparation and ensure that all requirements of the form are met
  2. Before submitting the Form I-90, ensure that all supporting documentation is included. The supporting documentation requires the expired green card (Forms AR-3, AR-103, or I-151) to be submitted; depending on the situation, USCIS could also require a government-issued ID (passports, driver's license, military ID), a Form I-797 Notice of Action, legal documents (marriage certificate, name change court documents, passport, etc.)
  3. Once the form is completed and successfully submitted, the resident should receive a confirmation notice from USCIS indicating that the form has been accepted. If the Form I-90 is filed after September 26, 2022, that notice will indicate that the green card expiration date is automatically extended by 24 months.
  4. If required, USCIS will also send a letter notifying the resident of a biometrics appointment, to collect fingerprints, photo, and signature.
  5. Once the application is in process, the resident could receive another notice from USCIS - a Request for Evidence (RFE) letter, if they require additional documentation for the renewal or replacement.
  6. After the application is processed successfully, the resident will receive a decision letter indicating if the application was approved or denied.
  7. Once the decision letter is issued, the new green card will be sent in the mail.

Documents Required for Form I-90

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.

Extensions to Expiration Dates - 2022 Updates

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.

Frequently Asked Questions


Can You File a Form I-90 Online?

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.

What is the Cost of Filing a Form I-90 to Renew a Green Card?

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.

What Documents Must Be Included with I-90 Green Card Renewal?

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,

Are Biometrics Required for Form I-90?

USCIS may require a biometrics appointment as part of your application to renew or replace your green card.

Can I File to Renew My Green Card More Than 6 Months Before the Expiration Date?

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.

Can I Check the Status of My Green Card Renewal Online?

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.

Paying Taxes to Establish Good Moral Character

Part of the moral character determination is the applicant's history of paying taxes. During the process, USCIS will ask three questions regarding taxes:

  1. Do you owe any overdue federal, state, or local taxes?
  2. Have you ever not filed a federal, state, or local tax return since you became a lawful permanent resident?
  3. If you did not file, did you consider yourself to be a non-U.S. resident?

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:

  • Delinquent on paying taxes
  • Failure to file a tax return
  • Paying taxes to a foreign government

Correcting Tax Issues for Naturalization Applicants

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.

Paying Taxes as a "Non-Resident"

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.

On September 26th, the United States Citizenship and Immigration Service (USCIS) implemented a rule change that automatically extends the expiration date of green cards by 24 months for those who have a pending Form I-90.

Lawful permanent residents must file a Form I-90 Application to Replace Permanent Resident Card in order to renew their expiring green card. Due to a backlog of cases and an under-resourced immigration system, the processing times for green card renewals can be significantly delayed. If a lawful permanent resident does not have a valid, unexpired green card, it could impact their work authorization and even put their presence in the United States at risk.

As a result of extended processing times, USCIS previously instituted an automatic 12-month extension on the validity of a green card for lawful permanent residents with a pending renewal. Applicants receive a receipt notice from USCIS after successfully filing their Form I-90, and this receipt notice contains language about the extension. For 12 months after the expiration date on the green card, lawful permanent residents can use their expired green card and the receipt notice as evidence of their valid status.

Alternatively, green card holders with a recently expired green card can prove their lawful status by scheduling an appointment at a USCIS field office to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport.

Effective September 26, 2022, the 12-month extension has been increased to 24 months. Now, green card holders who file a Form I-90 renewal can have their green card expiration date extended by two years. Applicants will receive a receipt notice indicating the automatic extension, which can be used along with the expired green card as proof of lawful permanent status while their green card renewal is being processed.

As a result of this change, it should help USCIS to work through the existing administrative backlog, by reducing the number of field office appointments needed for issuing ADIT stamps. If you have an expired green card or one that will be expiring soon, our immigration law office can assist with filing your I-90 renewal or apply for naturalization, while maintaining proof of your valid status in the United States.

The United States Citizenship & Immigration Services (USCIS) requires biometric information as part of certain immigration applications. While the word "biometric" might sound complicated or scary, it just means a biological characteristic that can be captured, digitized, and added to a database. Biometrics are used by USCIS to verify the identification of applicants and to compare against the FBI database to check for criminal records.

If your USCIS application requires biometrics, you will receive a notice providing you of the date, time, and location of the appointment. It is very important to attend your appointment, or attempt to reschedule, because without the biometric information, your immigration application could be considered abandoned and thus be denied.

What USCIS applications require biometrics?

Not all applications with USCIS require biometrics – it depends on the type of application that you have filed. Biometrics are an application requirement for such things as green cards, adjustment of status (I-485), employment authorization (I-765), advance parole travel (I-131), extensions (I-539), and temporary protected status (I-821).

What biometrics are collected for USCIS applications?

There are three types of biometric processing that you could undergo, as part of your USCIS application. The highest tier requires a photo of you, a scan of all of your fingerprints, and a recording of your digital signature. Your notice will have an "ASC" code indicating what level of biometric processing is required.

How can you reschedule a USCIS biometrics appointment?

If you cannot make the biometric appointment that is on your notice, you can reschedule your appointment by contacting USCISC at (800) 375-5283 and explaining why you have a "Good Cause" to reschedule. You will then be contacted by a USCIS scheduler who will provide you with a new date and time. It's important to remember that it often takes several days, and sometimes weeks, to get a response from a rescheduler. So, when you know you must reschedule your appointment, try to reschedule as soon as possible after receiving your notice.

How do I know if I require a biometrics appointment for my USCIS application?

You and your immigration attorney will both receive an Application Support Center (ASC) Biometrics notice in the mail, at the addresses listed in your initial immigration application. In the top-right hand corner of the notice, there will be a code indicating the level of biometric processing that is required.

Does USCIS run biometrics through the FBI database?

To determine whether or not an applicant has a criminal record or has committed an immigration violation, USCIS will run your information through the FBI crime database.

What should I bring to my USCIS biometrics appointment?

You should bring the following to your USCIS biometrics appointment:
1) A copy of your ASC notice
2) Your photo ID (passport, green card, military ID, driver's license, etc.)
3) Any additional documents requested by USCIS in the notice

Where does my USCIS biometric appointment take place?

Your biometrics appointment takes places at a USCIS-authorization "Application Support Center", or ACS. This is different than the USCIS field office where you would go for an interview. Some areas in the United States offer mobile biometrics vans. Check your ACS notice for the location. Try to arrive 15 minutes early for your appointment.

Does my immigration sponsor need to attend my USCIS biometrics appointment?

No, your sponsor does not need to attend your biometrics appointment, but they are welcome to do so. However, you should check the COVID-19 policies of the Application Support Center (ASC) before bringing someone with you.

Do I pay a fee for my USCIS biometrics appointment?

The biometrics fee is $85 for immigration applications; however, typically the fee is included in the initial application fee that you already paid, so you likely will not need to pay this fee on the day of your biometrics appointment.

For additional questions you may have about your USCIS biometrics appointment, be sure to thoroughly read through your biometrics ACS notice. Be sure to carefully read and diligently follow the instruction on the notice.

On July 1, 2022, the United States Citizenship and Immigration Services (USCIS) rescinded a decision in the matter of Z-R-Z-C. This rescission overturned a decision made by the former Trump administration. Now, immigrants with temporary protected status who travel abroad on advance parole can use that parole to satisfy a requirement for adjustment of status.

What Was Z-R-Z-C?

Under the former Trump Administration, immigrants with Temporary Protected Status, or TPS, who travelled outside the United States on advance parole, would have trouble applying for adjustment of status after returning. This decision also impacted DACA recipients who travelled abroad on advance parole. The Z-R-Z-C decision held that travel outside the United States under advance parole did not satisfy the requirements of being "inspected and admitted or paroled" for the purposes of adjustment of status.

How Does Advance Parole Travel Impact Adjustment of Status?

When applying for an adjustment of status, USCIS requires that the applicant be "inspected and admitted or paroled" in the United States. Many people with TPS or DACA previously entered the United States illegally, which would disqualify them from applying for adjustment of status. One way to overcome that obstacle is to travel abroad and return to the United States on advance parole. That re-admittance on advance parole would satisfy the "inspected and admitted or paroled" requirements for applying for adjustment of status.

However, under the Z-R-Z-C decision, DACA recipients or those with TPS could not use their advance parole travel to satisfy the requirements for adjustment of status.

What Is the Impact of the Z-R-Z-C Rescission?

Now that the Z-R-Z-C decision has been rescinded, or overturned, USCIS will permit applicants to use advance parole travel to satisfy requirements for adjustment of status. This means that those with TPS or DACA can travel abroad on advance parole, and use that admission for the purpose of obtaining additional immigration benefits, such as a green card.

USCIS has also announced that it will issue new travel authorization documents for TPS beneficiaries, and that those with existing advance parole documents may continue using them through their expiration date.

When the United States decided in 2021 to pull military operations out of Afghanistan, the Taliban quickly reassumed power throughout the country. The shift in power triggered a mass evacuation and severe refugee crisis, as hundreds of thousands of Afghans fled the violence and tyranny of the new regime. Over 76,000 of those refugees came to the United States, with thousands being housed and paroled at U.S military bases while future resettlement plans were slowly being determined.

The U.S. State Department and USCIS created a Special Immigration Visa (SIV) program for Afghans who assisted U.S. military operations in Afghanistan. Because the eligibility requirements for the SIV program are extremely narrow, most Afghan refugees entered the country through the humanitarian parole process. However, humanitarian parole provides only a temporary visa for evacuees to reside in the United States, and does not provide a clear path to permanent citizenship. After two years, if refugees have not extended their temporary protected status or have not gained permanent resident status, they can lose their ability to work in the United States, lose access to healthcare, and ultimately could be deported.

Unlike refugees in other refugee resettlement programs, Afghan refugees in the United States have limited options for gaining lawful permanent status. The most common option is to apply for asylum, but that process is very lengthy and there is a currently a backlog of over 1.4 million cases. In addition, as refugees evaded Taliban forces during their evacuation, many had to destroy documents or evidence that would otherwise be needed for their asylum applications. The SIV program faces a similar backlog problem, and only applies to certain Afghans due to its very narrow eligibility requirements.

Without a clear path to permanent residency, most Afghan refugees are left with uncertainty about their futures. Relying on temporary protected status leaves Afghan refugees in limbo, and hinders their ability to resettle in the United States or to reunify with family members still stuck in Afghanistan or other countries.

The Afghan Adjustment Act

In response to the challenges that Afghan refugees are experiencing with the U.S. immigration system, a bipartisan group of U.S. Senators and Representatives have joined together to introduce the Afghan Adjustment Act. Introduced in both the Senate and the House of Representatives, the Afghan Adjustment Act would provide Afghan refugees with a pathway to lawful permanent resident status.

After 1 or 2 years has passed since being paroled in the United States, Afghans could apply for their green card after completing additional security vetting. The Act would also expand the SIV program to include additional groups who supported or worked alongside military operations in Afghanistan, including the Afghan Air Force and Female Tactical Teams of Afghanistan.

The Afghan Adjustment Act would give Afghan refugees certainty about their future in the United States, allowing families to resettle into their new communities, secure gainful employment, receive healthcare, and avoid deportation. Once refugees have gained the lawful permanent resident status, they can eventually apply for full citizenship. As citizens, they would be able to sponsor family members who are abroad, ultimately reunifying families in the United States.

In the past, the U.S government has enacted similar policies that provided special immigration options for refugees. Such policies have come in response to war-zone or humanitarian evacuations caused by the rise of Fidel Castro in Cuba, military actions in Iraq, and the fall of Saigon in the Vietnam War.

San Francisco & Bay Area immigration attorney Spojmie Nasiri was quoted in a press release from U.S House of Representative Earl Blumenauer's (D-OR) office regarding the Afghan Adjustment Act:

"In the last two decades Afghans have sacrificed their lives with a mere dream that the U.S. will deliver on their promise of peace and prosperity

"We owe justice to these Afghan parolees and the Afghan Adjustment Act can be one of the best ways to pay back and put an end to their legal limbo. The Afghan Adjustment Act will enable a pathway for over 76,000 Afghans to attain permanent legal resident status in the United States. Indeed, it is one of the fastest ways to help Afghan parolees reunite with their families.

"In the last year, thousands of my fellow Afghans, young and old, left their homes with merely the clothes they were wearing. It is the United States’ moral obligation to keep up with their promise of helping Afghans, who have stood shoulder to shoulder with our government, and their mission in Afghanistan through thick and thin."

–Spojmie Nasiri

The bicameral legislation was introduced by a bipartisan group of lawmakers earlier in August 2022. Should the Afghan Adjustment Act pass and be signed into law, it would give hope, certainty, and stability to thousands of Afghan families who are trying to rebuild their lives in the United States.

Serving Clients Throughout the 
San Francisco Bay Area & Worldwide

The Law Office of Spojmie Nasiri, PC
6200 Stoneridge Mall Road, Suite 300
Pleasanton, CA 94588

931 10th Street, Suite L
Modesto, CA 95354

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