“Anti-American activity will be an overwhelmingly negative factor in any discretionary analysis,” according to a recent policy announcement by the US Citizenship and Immigration Services (USCIS), the country’s immigration agency.In other words, if you want a visa of any kind – be it a student visa, or a work visa; or wish to apply for a green card or US citizenship – the outcome of your application will depend on whether the concerned official perceives you as having pro-American ideologies”America’s benefits should not be given to those who despise the country and promote anti-American ideologies. USCIS is committed to implementing policies and procedures that root out anti-Americanism and supporting the enforcement of rigorous screening and vetting measures to the fullest extent possible,” said USCIS spokesman Matthew Tragesser. “Immigration benefits — including to live and work in the United States — remain a privilege, not a right,” he added.As per this recent policy, USCIS officials will also scrutinise whether applicants have endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group, or whether they support or promote anti-American ideologies or activities, antisemitic terrorism, antisemitic ideologies and antisemitic terrorist organizations.This latest announcement follows similar announcements and policy changes made in earlier months by the Trump administration. For instance, as reported by TOI, in early April USCIS announced that social media accounts would be monitored and international students, those applying for green card status, and those seeking non-immigrant work visas (including H-1B) for jobs affiliated with educational institutions will have their visa applications denied if such individuals are perceived as being antisemitic.Later, in mid-June, USCIS announced reopening of visa interviews for international students (those seeking a F-visa or M-visa) and those aspiring to visit US on an exchange visa (J visa) but stated that such applicants must ensure that their social media accounts are public and not set to private settings. More recently, the definition of ‘good moral character’ – an essential requirement for acquiring American citizenship was revised. USCIS stated it would consider the totality of circumstances, weighing both negative conduct (misdemeanours like driving under influence, or non payment of tax dues) and positive attributes (like educational qualifications, lawful employment history) in determining eligibility for citizenship.Immigration attorneys cite that policies that can grant an individual immigration benefits – be it a US visa, green card or even citizenship are becoming subjective – much is left to the discretion of the official assessing the applications.As regards the latest policy guideline that anti-American activities would be a serious negative discretionary factor, voices on social media were aghast. “Is this the 1950s?”, posted an individual.New York based immigration attorney, Cyrus D. Mehta said, “How does the USCIS define ‘anti-American’. Being critical of the Trump administration or for that matter any administration should not be deemed as anti-American. Indeed, it should be considered a virtuous activity to be critical of America or its administration as it is through criticism and dissent that we can reflect on all points of view, self correct, grow and evolve.” Another immigration attorney resorted to sarcasm, by posting on a social media platform, “USCIS to deny green cards, if applicants don’t calp loud enough for the national anthem; The Trump Administration has issued a new rule requiring immigrants to pretend they like ranch dressing…”
Lubna Kably is a senior editor, who focuses on various policies and legislation. In particular, she writes extensively on immigration and tax policies. The Indian diaspora is the largest in the world; through her articles she demystifies the immigration-policy related developments in select countries for outbound students, job aspirants and employees. She also analyses the impact of Income-tax and GST related developments for individuals and business entities.
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