The new discretionary policy update of the US Citizenship and Immigration Service (USCIS) will guide immigration officers on discretionary factors to use when evaluating immigration applications. With this policy update, Policy Alert PA‑2025‑16, USCIS officers can deny applications based on perceived anti-American ideology, certain immigration violations and even social media activity.
USCIS Officers To Consider Applicants’ Anti-American activities
The updated discretionary policy makes perceived anti-American activities by applicants a factor for USCIS officers to consider when processing immigration applications. This includes applicants who have shared, supported or promoted anti-American views, or support terrorist organizations.
Also, the officers can look at immigration applicants’ alleged antisemitic views, terrorism and promotion of antisemitic ideologies. These views can also have a negative effect on your immigration application.
Social Media History Review
USCIS Officers will review applicants’ social media history over many years to see if they demonstrate any support of anti-American or antisemitic ideologies.
Increased Review of Past Immigration Violations
Under the discretionary policy update, immigration officers will review applicants’ previous parole requests to see whether they complied with the law.
There will also be an increased review of any misuse or misrepresentation in immigration applications, past or present.
How this Discretionary Policy Update Can Affect You
What this discretionary policy update means is that an applicant must prove that they are both eligible for an immigration benefit and that they also deserve a favorable discretion by the USCIS.
Immigration Officers will use this guidance on Adjustment of Status petitions, immigrant and non-immigrant visas and employment-based immigration applications where discretion is necessary.
Green card and visa applicants may need to show their overall immigration history and compliance with immigration laws.
Cases such as EB-5 investor petitions, cases involving fraud, deceit, misrepresentation, and criminal misuse and threats to national security will also be affected by the policy update.
Speak To an Immigration Lawyer
Given these recent changes, it’s important to understand how discretionary factors could affect your case. If you’re unsure how this policy update applies to you, contact an experienced immigration attorney to evaluate your options and protect your application.
At our immigration law office, we are here to help with your immigration concerns or questions.
If you want to learn more about your immigration matter, or to speak with our immigration lawyer, Doreen Emenike, please call us at (626)-256-8500. www.emenikelaw.com
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