USCIS updates its manual: anti-Americanism and anti-Semitism will weigh in immigration proceedings

The United States Citizenship and Immigration Services (USCIS) announced on Tuesday an update to its Policy Manual that strengthens the criteria for evaluating immigration benefit applications in cases where discretion is required from officers.

According to the new guidelines published on the website of the agency, factors such as prior parole requests, ties to terrorist organizations, anti-American conduct, or anti-Semitic activities will be considered key elements in deciding whether to approve or deny applications.

USCIS emphasized that any sign of anti-American sentiment will weigh as an "overwhelmingly negative factor" in the analysis of cases.

Review of social media and increased scrutiny

The agency also reported that it will expand the review of social media to a greater number of immigration applications, incorporating the detection of anti-American expressions or behaviors.

This measure, which takes effect immediately, will apply to both pending cases and those filed from the date of publication onward.

In the words of USCIS spokesperson Matthew Tragesser: "The benefits of the United States should not be granted to those who disdain the country and promote anti-American ideologies. Immigration is a privilege, not a right."

Scope of the new policy

The update to the manual also establishes guidelines for:

Admission or parole processes.

Analysis of applications related to the EB-5 investor program, particularly in cases of fraud, threats to national security, or criminal misuse.

Evaluations in which there is evidence of support for terrorist organizations or anti-Semitic ideologies.

USCIS reiterated that prior compliance with immigration laws will be a relevant factor in determining whether a favorable decision can be made on behalf of an applicant.

The guide, contained in Volume 1 of the Policy Manual, supersedes any previous instructions and is now the official mandatory reference for all immigration officers.

Willy Allen clarifies what USCIS understands by good moral character in citizenship applicants

The Florida lawyer Willy Allen clarified last Monday what the United States Citizenship and Immigration Services (USCIS) understands by good moral character in applicants for American citizenship.

According to the explanation given in dialogue with CiberCuba, the judgment of the officer conducting the interview plays a significant role, but they will definitely take into account traffic violations and debts, both tax-related and for child support, when assessing the applicant's "good moral character."

Last Friday, the federal agency that oversees the country's immigration system ordered officials to consider additional factors when granting U.S. citizenship to immigrants who apply. This announced a tightening of the requirements for determining whether they have "good moral character."

"Number one, if you are a man and have lived in the United States before turning 28, you must have registered for the nonexistent military draft, which may exist in case of emergency. So, the law requires you to go to your local post office and register for military service. You need to do this. If you are under 28, do it because it will become a problem that will arise in the citizenship application," Allen suggested.

"If you owe money to the IRS (Internal Revenue Service), remember, the IRS, taxes are like gods. It is the only letter I am afraid of. If you owe money to the IRS, that is evidence of moral misconduct."

"If you owe support to your children, whether they are in Cuba, France, or Belgium, that is further evidence of moral misconduct. If you owe money to your ex-wife, that too is evidence of moral misconduct," he added.

"I also had a gentleman who took some time to become a citizen. He collected traffic tickets. He was a truck driver and it seemed that he wanted to have a collection of traffic tickets from different counties in Florida and a couple of different states. In fact, the officer determined that the number of traffic tickets he had received in five years was evidence that he did not follow or obey the traffic laws of the United States and was indicative of moral turpitude."

"Of course, any arrest, even if denied, reflects moral misconduct. For example, shoplifting, which is a minor offense that is not even grounds for deportation, and most people who have done it once or twice simply go through a program that is 'I swear I won’t steal anymore.' Well, that may be enough to demonstrate moral misconduct and prevent you from being granted citizenship," the lawyer insisted.

Willy Allen also emphasized that "you must have at least five years of separation from that offense to obtain citizenship, and they can now make it stricter. Having been a member of the Communist Party requires 10 years of separation from the Communist Party before becoming an American citizen," he noted.

For the lawyer, the citizenship test is not very complex and requires an English level enough to hold a basic conversation. However, he believes that going forward, "they will make a tougher exam. They are adding 28 more questions that will be a bit more challenging. But still, the citizenship test holds no surprises. The nuns were right. If you read the questions, read the answers, and write each question and each answer ten times, you'll know it. It’s not an exam where you walk in and have no idea what you’ll be asked. It’s not a geometry or algebra exam. It’s an exam for which you already have the questions and answers prepared. So, if one prepares well, they will pass," he said.

I tell my clients, look, right now there are 100 questions. They are going to select ten from those questions. One will be for you to read in English and write the answer in English. In other words, if you get used to it and take your homework seriously by writing ten questions a day for ten days, then wait a couple of days, and again write ten questions and answers for another ten days, and keep doing that, your mind will adapt. If you’re from Arriete, you only have to do it once or twice, but if you’re from the rest of Cuba, you’ll have to do it about 30 or 40 times. So, the idea is to do it consistently and prepare yourself.

"Emigration is not mathematics, it’s not preparing rockets to go to the moon, it’s not engineering. It’s knowing what a rule is and applying that rule to each case. For citizenship, they will ask you the questions in English and you must answer them in English," the lawyer clarified.

Frequently Asked Questions about the USCIS Policy Manual Update