USCIS updates

Here are a couple of latest updates from USCIS: Per their latest press release:

US Citizenship and Immigration Services is restoring robust screening and vetting processes to detect aliens seeking to defraud or abuse the immigration system, including aliens who make false claims to U.S. citizenship. We also are actively increasing public awareness among aliens and the public about the consequences of committing immigration fraud. Aliens who use false information or deceitful practices to unfairly obtain immigration advantages will face serious consequences.

We are updating USCIS Policy Manual Volume 8, Part K, Chapter 2, to clarify the application of Matter of Zhang, 27 I&N Dec. 569 (BIA 2019), to the false claim ground of inadmissibility. This guidance is effective immediately and applies to requests pending or filed on or after the publication date.

The clarified policy guidance:

Specifies that the decision in Matter of Zhang supersedes all prior DHS policy and guidance that provided a defense to the false claim to U.S. citizenship ground of inadmissibility under the Immigration and Nationality Act (INA) 212(a)(6)(C)(ii) based on an alien’s knowledge or legal capacity; and

Explains how we consider age, knowledge, and mental capacity when determining whether an alien had the subjective intent to achieve a purpose or benefit under the INA or any other federal or state law.

The guidance contained in the Policy Manual is controlling and supersedes any prior guidance on the topic.

* * *

In another update, USCIS will consider anti-Americanism in immigrant benefit requests in certain benefit requests. In toto, it reads:

U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual regarding the factors that officers consider in certain benefit requests where an exercise of discretion is required, including factors relating to aliens’ past requests for parole and any involvement in anti-American or terrorist organizations, as well as the use of discretion in adjudication of certain benefit requests where evidence of antisemitic activity is present.

Separately, USCIS has expanded the types of benefit requests that receive social media vetting, and reviews for anti-American activity will be added to that vetting. Anti-American activity will be an overwhelmingly negative factor in any discretionary analysis.

“America’s benefits should not be given to those who despise the country and promote anti-American ideologies. U.S. Citizenship and Immigration Services 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."

USCIS is reiterating its guidance that an alien’s compliance with immigration laws is a relevant factor when determining if a favorable exercise of discretion is warranted and updating the Policy Manual to provide additional guidance in circumstances where an alien has endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group, including aliens who support or promote anti-American ideologies or activities, antisemitic terrorism and antisemitic terrorist organizations, or who promote antisemitic ideologies. When conducting a discretionary analysis, USCIS officers will consider whether an alien’s application for admission or parole was made in accordance with all applicable laws, regulations, and policies in effect at the time.

This update will also clarify how an exercise of discretion is applied when adjudicating an EB-5 investor petition or application in cases involving threats to the national interest, fraud, deceit, misrepresentation, and criminal misuse.

This guidance, contained in Volume 1 of the Policy Manual, is effective immediately and applies to requests pending or filed on or after the publication date. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance.