USCIS Policy Update: “Anti-American Views” Now A Key Factor In Immigration Adjudications
By New York Immigration Lawyer Alena Shautsova
What Changed?
On August 19, 2025, USCIS updated its Policy Manual (Volume 1) to direct officers to assign “overwhelmingly negative discretionary weight” to applicants who have “endorsed, promoted, supported, or otherwise espoused the views of an anti American or terrorist organization or group,” including antisemitic terrorism or ideologies. This applies to both pending and newly filed benefit requests.
This guidance also expands social media vetting: officers are now instructed to review applicants’ public online activity for signs of anti American or antisemitic behavior, as part of the discretionary evaluation.
This update applies broadly to cases requiring an exercise of discretion, including:
- Adjustment of status (green cards)
- employment-based petitions (e.g., EB 5, NIWs)
- Parole, nonimmigrant status changes/extensions, and citizenship applications
- 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).
- Any case undergoing social media vetting for ideological content
Legal Basis & Concerns
USCIS references INA § 313(a)—which has long barred naturalization for individuals who advocate overthrowing the U.S. government or support totalitarian ideologies. The new guidance does not create new law, but reiterates how ideological evaluations should inform discretionary decisions.
Critics warn the language is vaguely defined, leaving officers with wide discretion—raising risks of subjectivity, suppression of dissent, and potential abuse. Some liken it to McCarthy-era tactics.
Practical Examples: What Applicants Should Prepare
| Area | Suggested Evidence / Action |
|---|---|
| Social Media & Online Presence | Audit public profiles on X, Facebook, Instagram, LinkedIn, YouTube. Remove or contextualize questionable posts, affiliations, or shares that could be interpreted as anti American. |
| Statements & Associations | Be ready to explain any public comments or event attendance; provide context or disclaimers when needed. |
| Support for Extremist Groups | If you’ve donated to or attended groups flagged as extremist—even in political or academic contexts—prepare a clear statement clarifying your stance. |
| Positive Discretionary Evidence | Compile tax records, employment history, educational credentials, community involvement, and family responsibilities—which weigh favorably in discretion. |
| Legal Representation | Ideological vetting adds complexity—having an experienced immigration attorney can help frame explanations and present context effectively. |
Why This Matters for Your Case
Even if you meet statutory eligibility, discretionary factors can still derail your application. Now ideological conduct, particularly online, can trump other positive equities. If USCIS flags your online associations or posts as potentially endorsing anti American or extremist views, that could significantly harm—or prompt an interview or RFE delaying your case.
If you're preparing an application for adjustment of status, naturalization, work authorization, or similar immigration benefits under the updated USCIS policy:
Contact New York Immigration Lawyer Alena Shautsova today to review your online presence, gather your discretionary evidence, and build a cohesive case.
Call or text: 917-885-2261 to schedule a consultation.