USCIS Updates Policy: Officers to Consider Evidence of Anti-Americanism and Anti-Semitism in Immigrant Benefit Requests

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.

The policy memo states that, “in cases where the [individual] has engaged in such activities, USCIS will enforce all relevant immigration laws to the maximum degree, including the use of discretion, to deny the benefit request.”

Policy Overview

The new changes confirm that USCIS considers factors involving circumstances where an individual has endorsed, promoted, supported, or otherwise espoused the views of an anti-American or terrorist organization or group, including those who support or promote antisemitic terrorism, antisemitic terrorist organizations, and antisemitic ideologies, to be an overwhelmingly negative factor in USCIS discretionary analyses.
Clarifies that when conducting a discretionary analysis, officers consider whether an individual’s application for admission or parole was made in accordance with all applicable laws, regulations, and policies in effect at the time.
Explains that an exercise of discretion in the adjudication of an employment-based immigrant petition is limited to cases where the alien is seeking a national interest waiver.
Clarifies how an exercise of discretion is applied in the adjudication of an EB-5 investor petition or application in cases involving threats to the national interest, fraud, deceit, misrepresentation, and criminal misuse.
Clarifies that USCIS exercises discretion when adjudicating requests for extension of stay, change of status, reinstatement of F or M nonimmigrant status, and in certain employment authorization requests filed under 8 CFR 274a.12(C).

For more information, please click here.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!