Visa Lawyer Blog
On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.
Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.
Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.
This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.
