Welcome to this month's issue of the Law Office of Spojmie Nasiri’s Newsletter! We're very excited to be bringing back our monthly newsletter on a new platform that will help us better provide you the latest updates regarding immigration law.
In this month's issue, we cover some important pointers for traveling during the summer months if you are undocumented or have a temporary protected status. Additionally, we include an important alert about healthcare eligibility for DACA recipients.
The summer vacation season is nearly upon us, and as you are making your travel plans, there are several things you should keep in mind, especially if you are undocumented or have temporary protected status and are planning on traveling outside the United States.
Processing times for new or renewing passports and green cards have spiked in recent years, with some waiting months to receive their updated documents. The U.S. State Department has reported that wait times have returned to normal; however, getting your documents as early as possible is the best way to avoid any disruptions in your travel plans.
If you allow your lawful permanent resident status or DACA status to expire while you are traveling abroad, you may be prevented from re-entering the country. Even if you have a renewal pending, be sure that your status is not expired before you travel outside the U.S.
If you are traveling with Temporary Protected Status or DACA or are protected by an asylum, you will need to complete an I-131 application for your reentry permit, travel authorization, or advance parole. Because of the nature of the travel and transportation industry, it is a good idea to include a few buffer days at the beginning and end of your trip on your application to account for any transit-related issues that may affect your travel.
Make sure to keep your immigration documentation with you at all times, including evidence of your temporary protected status or your green card. You may be subject to screening upon re-entering the U.S. by Immigration and Customs Enforcement (ICE) or by Customs and Border Protection (CBP), so having all identification documents, travel authorizations, passports/visas, employment authorization cards, and DACA approval notices can help minimize the chance for issues upon re-entry.
While planning your travel, be sure to give yourself enough time between connecting flights when re-entering the United States. A few hours between your flights can help account for any delays during screening or for re-entering with advance parole, which can take additional time.
Consult with an immigration attorney before traveling to ensure that nothing regarding your situation could potentially threaten your travel plans or prevent you from re-entering the United States. If you have an order for removal, criminal convictions, prior departures without permission, or any other possible conflicts, an immigration attorney will be able to best advise you on whether or not you should travel.
On May 8th, the Centers for Medicare and Medicaid Services (CMS) published a final rule that clarifies the eligibility requirements for those who can enroll in a Qualified Health Plan through a health insurance exchange. Under the Affordable Care Act, only those who are "lawfully present" in the United States are eligible to enroll in a Qualified Health Plan.
This new final rule modifies the definition of what is included under "lawfully present" to include those who are currently receiving protection under the Deferred Action for Childhood Arrivals, or DACA, immigration policy.
Starting in November of 2024, DACA recipients will be able to sign up for health insurance coverage through a state healthcare exchange such as Covered California, or through the ACA's healthcare.gov website. Once signed up, health coverage can begin as soon as December.
Attorney Spojmie Nasiri was again recognized among the Top 100 Leading Immigration Lawyers in 2024 as reported by Lawdragon.
Lawdragon is a national media company that publishes editorials, magazines, and guides about the legal industry.
Spojmie has been included on the list of honorees since the publication launched their first guide in 2023. We are proud that Spojmie's legal experience, personalized approach, and compassionate client service has been recognized as among the best in the country!
Last month, Spojmie appeared as a guest on the Love Thy Lawyer podcast, where she spoke about her experience with refugee crisis after the Taliban took over Afghanistan following the U.S. troop withdrawals. She also spoke about her commitment to giving back to her communities, and why it is so important for lawyers to be good civic citizens.
Love Thy Lawyer is a podcast that highlights attorneys in Alameda County, California. Hosted by attorney Louis Goodman, the podcast features practicing attorneys, legal professionals, and other people to learn about their connections to law and the justice system.
