We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
USCIS to Weigh Support for “Anti-American” Ideologies in Certain Immigration Benefit Adjudications
U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance directing officers to consider foreign nationals’ support for organizations or ideologies deemed “anti-American” when adjudicating certain discretionary immigration benefits. The revisions to the USCIS Policy Manual come as part of a broader expansion of applicant scrutiny, including more extensive social media reviews.
Key Policy Changes
- New Negative Factor: USCIS officers are now instructed to assess whether a foreign national has “endorsed, promoted, supported, or otherwise espoused” anti-American views or the views of terrorist organizations, including groups promoting antisemitic ideologies or engaging in antisemitic terrorism.
- Harassment & Conduct: The policy specifies that participation in activities such as physical harassment in support of such organizations will be considered an “overwhelmingly negative factor” in discretionary adjudications.
- Social Media Review: USCIS will broaden its social media vetting to identify applicants whose online activity may indicate association with anti-American groups or ideologies.
Scope of Application
The new guidelines apply to a range of immigration benefit requests where USCIS officers have discretionary authority, including:
- Applications for extensions and changes of nonimmigrant status;
- Adjustment of status (green card) applications;
- Requests to reinstate F-1 status; and
- Most Employment Authorization Document (EAD) applications, such as H-4, F-1 OPT/STEM OPT, and adjustment-based EADs.
By contrast, immigration petitions that are primarily eligibility-based, such as H-1B and L-1 petitions or EB-1/EB-3 green card petitions, are generally not affected. However, petitions involving discretion, such as EB-2 National Interest Waiver (NIW) and EB-5 Immigrant Investor cases, may be indirectly impacted since officers have some discretion in assessing national interest, public safety, or fraud-related issues.
Definition of “Anti-American”
- The guidance does not provide a strict definition of “anti-American.” Instead, USCIS officers are instructed to look to longstanding statutory bars on naturalization that prohibit affiliation with communism, totalitarianism, anarchism, or organizations advocating violent overthrow of the U.S. government, sabotage, terrorism, or unlawful destruction of property. At the same time, the guidance leaves room for broad discretionary interpretation.
Additional Considerations
- Adjudicators may also weigh whether a foreign national has engaged in fraud or violated U.S. laws in connection with entry programs, such as humanitarian parole programs requiring financial sponsorship where fraudulent documentation was used.
Broader Implications
- This new policy underscores USCIS’s increased emphasis on ideological vetting and the use of social media monitoring in immigration adjudications. For foreign nationals, particularly those applying for discretionary benefits such as EADs, extensions of stay, or adjustment of status, even perceived associations with groups or ideas that could be interpreted as anti-American may carry significant immigration consequences.
Appeals Court Stays Postponement of TPS Terminations for Honduras, Nepal, and Nicaragua
The Ninth Circuit Court of Appeals has stayed a lower court ruling that had delayed the termination of Temporary Protected Status (TPS) designations for Honduras, Nepal, and Nicaragua.
As a result of the appeals court’s decision, the TPS designation for Nepal is now deemed expired as of August 5, 2025. Nepalese TPS beneficiaries have lost TPS protection and work authorization as of that date and are subject to removal from the United States, barring a subsequent contrary court order. The TPS designations for Honduras and Nicaragua are set to expire on September 8, 2025. After that date, TPS beneficiaries from these countries will lose protection and work authorization unless a contrary court order is issued.
The Ninth Circuit’s order overturns a July 31, 2025 district court decision that had extended TPS protections for these countries until at least November 18, 2025. The appellate ruling comes in the case National TPS Alliance et al. v. Noem et al., 25-4901 (9th Cir.). An appeal of the Ninth Circuit’s decision may be filed with the U.S. Supreme Court. Regardless of the appeal outcome, the legality of the Department of Homeland Security’s actions to terminate these TPS designations will continue to be litigated at the district court level. TPS, a humanitarian protection program, allows nationals of designated countries to live and work lawfully in the United States when returning home would be unsafe due to conditions such as armed conflict or natural disasters. The appeals court’s ruling places thousands of Honduran, Nepali, and Nicaraguan TPS holders and their families in legal uncertainty as they await further court developments.Trump Administration Launches Comprehensive Review of 55 Million US Visa Holders
The Trump administration announced Thursday that it is conducting a sweeping review of more than 55 million foreigners who currently hold valid U.S. visas, searching for any violations that could lead to deportation.
Scope of the Review:
The State Department confirmed that all U.S. visa holders are subject to “continuous vetting” to identify potential grounds for ineligibility. The comprehensive review will examine multiple sources of information, including:
- Social media accounts of all visa holders
- Law enforcement records from their home countries
- Immigration violation history
- Any criminal activity or violations of U.S. law committed while in the United States
What They’re Looking For?
- Officials are specifically searching for indicators of ineligibility, including people staying past their authorized visa timeframe, criminal activity, threats to public safety, engaging in any form of terrorist activity, or providing support to terrorist organizations.
- Since Trump returned to office, the State Department has already revoked more than 6,000 student visas for overstays and violations of local, state and federal law, with the majority involving assault, driving under the influence, and support for terrorism. The department reports it has revoked more than twice as many visas overall compared to the same period last year, including nearly four times as many student visas.
Broader Immigration Crackdown
- This visa review is part of a larger immigration enforcement effort, with authorities conducting raids at restaurants, construction sites, and farms, and the New York Times estimating the government is on track to deport 400,000 people in 2025.
- The announcement comes as the administration continues to implement its strict immigration policies, affecting not only those without legal status but also foreign nationals who are legally permitted to be in the United States.
Trump Administration Expands ‘Good Moral Character’ Requirements for U.S. Citizenship
The Trump administration has significantly expanded the criteria for evaluating “good moral character” in U.S. citizenship applications, implementing a more comprehensive review process that immigration lawyers say adds uncertainty and higher barriers to naturalization.
New Holistic Assessment Standard
U.S. Citizenship and Immigration Services (USCIS) directed officers in a memo issued Friday to conduct a “holistic assessment” of applicants’ behavior, going beyond the traditional focus on the absence of criminal wrongdoing to include positive contributions to American society. The new approach requires evaluating “more than a cursory mechanical review focused on the absence of wrongdoing” and instead conducting “a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.” What Will Be Evaluated? Under the new policy, immigration officers will consider: Positive Factors:- Community involvement and volunteer work
- Family caregiving responsibilities
- Educational achievements
- Stable employment history
- Financial responsibility and tax compliance
- Length of lawful U.S. residency
Negative Factors:
- Reckless or habitual traffic infractions
- Harassment or aggressive solicitation
- Acts that are “technically lawful” but “inconsistent with civic responsibility within the community”
Broader Immigration Screening
- USCIS also announced Tuesday it would screen for “anti-Americanism,” particularly “antisemitic ideologies,” including on social media, when considering both citizenship and visa applications.
- “U.S. citizenship is the gold standard of citizenship — it should only be offered to the world’s best of the best,” Tragesser stated.
Legal and Academic Criticism
Immigration attorneys and experts have raised concerns about the policy’s implementation:
- Emily Ryo, a Duke University professor specializing in immigration law, said the mandate “is likely to introduce a great deal of uncertainty, unpredictability, and administrative burden.”
- Doug Rand, a former senior USCIS official during the Biden administration, criticized the policy, saying officials are “trying to increase the grounds for denial of U.S. citizenship by kind of torturing the definition of good moral character to encompass extremely harmless behavior.”
- One California immigration attorney noted the directive “will give individual officers more authority to ask about private lives” and makes it more difficult to challenge decisions due to its broad language.
USCIS Issues Guidance on Consequences for Aliens Who Falsify Information
U.S. Citizenship and Immigration Services (USCIS) has announced updated guidance strengthening screening and enforcement against immigration fraud, including false claims to U.S. citizenship. The policy, which is effective immediately, clarifies how adjudicators should apply the Matter of Zhang, 27 I&N Dec. 569 (BIA 2019) decision to cases involving misrepresentation.
Key Updates
- Clarification of Matter of Zhang: The decision now formally supersedes all prior DHS policies that provided defenses to the false claim to U.S. citizenship ground of inadmissibility under INA § 212(a)(6)(C)(ii), including defenses based on lack of knowledge or legal capacity.
- Assessment of Intent: Officers are directed to consider age, knowledge, and mental capacity when determining whether an alien had the subjective intent to obtain an immigration benefit or other federal or state benefit through a false claim.
- Stronger Enforcement: USCIS is restoring robust vetting procedures to detect fraud and abuse. Aliens who use deceitful practices or false information in order to unfairly obtain immigration advantages will face serious immigration consequences, including inadmissibility or removal.
Policy Manual Update
- The changes are reflected in USCIS Policy Manual, Volume 8, Part K, Chapter 2, which is now controlling and replaces all prior guidance on this topic. The updated guidance applies to all cases pending or filed on or after August 20, 2025.
Broader Implications
- USCIS emphasized that it will also be increasing public awareness among both applicants and the general public about the risks of immigration fraud. The agency underscored that making false claims to U.S. citizenship, or submitting fraudulent information or documents, can result in permanent bars to admissibility, denial of immigration benefits, and potential removal proceedings.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
