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Immigration News Alert

USCIS Tightens Immigration Scrutiny Over Anti-American Activity

Key Point 

  • U.S. Citizenship and Immigration Services will now treat support for anti-American ideologies or terrorist organizations as a heavily negative factor in discretionary immigration benefit decisions 

Immigration Scrutiny for Anti-American Activity  

On August 19, 2025, USCIS updated its Policy Manual to expand discretionary review in immigration benefit adjudications. The revised guidance applies to benefits such as parole, adjustment of status and employment-based petitions (including EB-5).  

The update reflects USCIS’s intent to prioritize national security and public safety by scrutinizing support for anti-American ideologies, antisemitic activity and terrorist organizations. 

According to USCIS, these changes reflect the intent to reinforce national security and public safety considerations in benefit determinations. 

Effective Date and Applicability 

This guidance is effective immediately and applies to all pending and future immigration benefit requests. 

Key Highlights of the Anti-American Guide Changes

  • Discretionary Review Expansion: USCIS officers are now directed to consider whether applicants have endorsed, supported or promoted anti-American or antisemitic ideologies, or terrorist organizations. These factors may significantly impact eligibility for discretionary immigration benefits. 
  • Social Media Activity: USCIS clarified that social media posts and affiliations may be reviewed as part of the discretionary analysis. Officials may treat content suggesting anti-American sentiment or antisemitic views as heavily negative factors.
  • Affected Immigration Benefits: The updated guidance applies to a broad range of discretionary benefits, including: 
    • Parole. 
    • Adjustment of Status. 
    • Employment-based petitions (e.g., EB-5). 
    • Student visa extensions and changes of status. 
  • Good Moral Character Requirement: USCIS reiterated that immigration benefits are a privilege, not a right. Applicants must demonstrate good moral character and compliance with U.S. immigration laws. 

Policy Manual Revisions 

USCIS has updated the following sections of the Policy Manual to reflect the new guidance:

Volume  Section  Update Summary 
Volume 1  Part E, Ch. 8, Sec. C  Added new discretionary factor under “Factors That May Be Considered” 
Volume 2  Part A, Ch. 4 & Part F, Ch. 8  Affirmed the discretionary nature of stay and status changes 
Volume 7  Part A, Ch. 10, Sec. B  Expanded guidance on the favorable exercise of discretion 
Volume 10  Part A, Ch. 4  Clarified adjudication standards for employment authorization 

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Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. Envoy Global is not a law firm, and does not provide legal advice. If you would like guidance on how this information may impact your particular situation and you are a client of the U.S. Law Firm, consult your attorney. If you are not a client of the U.S. Law Firm working with Envoy, consult another qualified professional. This website does not create an attorney-client relationship with the U.S. Law Firm. 

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