The United States Citizenship and Immigration Services (USCIS), in a recent public statement, declared that visa or green-card applicants deemed to hold “anti-American ideologies” may face difficulties in gaining American citizenship. This move is part of an update to the USCIS Policy Manual “regarding the factors that officers consider in certain benefit requests where an exercise of discretion is required, including factors relating to aliens’ past requests for parole and any involvement in anti-American or terrorist organizations, as well as the use of discretion in adjudication of certain benefit requests where evidence of antisemitic activity is present”.
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The USCIS’s statement
The latest guidance issued by the USCIS, effective immediately, enhances the measures of social media vetting procedures, wherein applicants are required to keep their accounts public, and enhances the scope of what the agency deems “anti-American activity”.
“America’s benefits should not be given to those who despise the country and promote anti-American ideologies. U.S. Citizenship and Immigration Services is committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible,” said USCIS spokesman Matthew Tragesser, as per the official press release. “Immigration benefits—including to live and work in the United States—remain a privilege, not a right."
How will this guideline be implemented?
“When conducting a discretionary analysis, USCIS officers will consider whether an alien’s application for admission or parole was made in accordance with all applicable laws, regulations, and policies in effect at the time,” states the official USCIS website.
{{/usCountry}}“When conducting a discretionary analysis, USCIS officers will consider whether an alien’s application for admission or parole was made in accordance with all applicable laws, regulations, and policies in effect at the time,” states the official USCIS website.
{{/usCountry}}“This update will also clarify how an exercise of discretion is applied when adjudicating an EB-5 investor petition or application in cases involving threats to the national interest, fraud, deceit, misrepresentation, and criminal misuse.” The agency plans on weighing in the totality of all circumstances- including negative conduct and positive attributes in determining individual eligibility for citizenship.
Several immigration lawyers have raised their voices against such a move, citing concerns regarding biased interpretation and unfair rejections in the citizenship process.
Stuti Gupta contributed to this story