The United States Citizenship and Immigration Services (USCIS) has announced a significant update to its evaluation policies for asylum and refugee applicants.
As of August 1, new guidelines have come into effect that strengthen security investigations and background checks for foreigners submitting Form I-485, Application to Register Permanent Residence or Adjust Status.
The measure, set for immediate implementation, is aimed at combating fraud, threats to national security, and other risks to public safety.
With these new rules, USCIS is shifting towards a stricter and more systematic approach in evaluating applicants under humanitarian protection status, aligning with the federal government's security priorities.
A regulatory change with wide-ranging implications
According to the official statement, the agency has updated its Policy Manual to "reinstate uniform procedures for security investigations and background checks for asylum seekers, refugees, and their derivative family members submitting Form I-485."
This entails the reinstatement of criteria that, in the past, were relaxed in order to expedite procedures, but are now being reintroduced within the context of a migration policy focused on control and the prevention of threats.
The stated priority is clear: to ensure the integrity of the asylum and refugee program, making sure that beneficiaries meet strict security requirements.
This modification also responds to the implementation of Executive Order 14161, titled “Protecting the United States Against Foreign Terrorists and Other Threats to National Security and Public Safety,” issued by former President Joe Biden.
More mandatory interviews under new criteria
One of the key aspects of this update is the
From now on, USCIS officials will be required to consider the mandatory interview in the following cases:
-Unverifiable identity: When the information contained in the A-File or other USCIS systems does not allow for a certain confirmation of the applicant's identity, or if there are multiple, conflicting, or unresolved identities.
-Suspicion of fraud or misrepresentation: If the evidence suggests that the status of asylee or refugee was obtained fraudulently or through false statements.
-Doubtful results in biometric verification: In the event that the fingerprints processed by the FBI yield records that could result in inadmissibility, or if there have been two unsuccessful attempts to obtain classifiable fingerprints.
Undetermined admissibility: If the officer is unable to assess whether the foreigner is admissible to the country without conducting an additional interview or if they need to clarify ambiguous information provided during the process.
Links with countries considered sponsors of terrorism: If the applicant is a national or has habitually resided in a nation designated as a sponsor of terrorism at the time of their last residence.
Articulable national security concerns: In the event of any substantiated suspicion that the applicant poses a risk due to ties to terrorist activities or other security threats.
National security as a central axis
The new policy was communicated by USCIS through its official channels, including the social media platform X, where the agency emphasized that:
"These criteria will help ensure the integrity of the program and enhance the detection of fraud, false representations, national security threats, and public safety risks."
In the same message, USCIS was clear in emphasizing its support for the Executive's immigration policy: “This backs @POTUS in making the U.S. safe again and keeping terrorists OUT!”
In addition, in the official statement, the agency's spokesperson, Matthew Tragesser, emphasized the institution's commitment to security.
"We owe it to all Americans the right to feel safe and protected. We strive to ensure that all foreigners applying for admission to the United States, or those already in the country, uphold the highest sense of integrity and morality and comply with our standards and regulations," he stated.
Alignment with federal government priorities
The new policy does not emerge in a vacuum.
It is part of a broader national security strategy adopted by the current administration, seeking to strengthen migration control mechanisms without completely closing the doors to those who truly need protection.
The reference to Executive Order 14161 reinforces this direct connection to a state policy aimed at more effectively filtering potential external threats.
This executive order requires federal agencies to implement measures that reduce the likelihood of individuals involved in terrorist activities or who pose a public risk from entering or remaining in the United States through immigration programs.
Impact on asylum and refugee seekers
For applicants and their attorneys, this regulatory change will entail greater preparation and documentation rigor when submitting status adjustment applications.
Those with inconsistencies in their identity, gaps in their records, or connections to countries under scrutiny will be much more likely to be called for thorough in-person interviews, which could slow down the processes.
Similarly, stricter standards could increase the volume of application rejections due to inadmissibility or other security-related reasons, especially in cases with criminal records or lacking solid documentation.
The USCIS announcement marks a new phase in U.S. immigration policy for asylum seekers and refugees. While the country continues to offer protection to those fleeing persecution or violence, it does so under a stricter framework of control and verification.
The mandatory interviews, the cross-checking of biometric data, and the emphasis on national security indicate that the process of obtaining permanent residency in the U.S. under humanitarian status will now be more demanding than ever.
Frequently Asked Questions about the new USCIS policies for asylum and refugee applicants
What are the new guidelines from USCIS for asylum and refugee applicants?
USCIS has implemented new guidelines that strengthen security investigations and background checks for asylum and refugee applicants. These rules aim to combat fraud and threats to national security, aligning with the priorities of the federal government.
What cases will require mandatory interviews under the new USCIS regulations?
Interviews will be mandatory if there is non-verifiable identity, suspicion of fraud, questionable results in biometric verification, undetermined admissibility, ties to countries considered sponsors of terrorism, or any national security concerns.
How will this policy impact asylum seekers and refugees?
Applicants must prepare better and submit more rigorous documentation when adjusting their status. Those with inconsistencies or connections to countries under scrutiny will face more thorough processes, which could slow down their applications.
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