USCIS Updates Green Card Policy on Anti-American Activity

In a significant policy shift with far-reaching implications, U.S. Citizenship and Immigration Services (USCIS) has directed its officers to scrutinize the social media profiles of applicants, specifically hunting for evidence of “anti-American” sentiment. The immediate change, announced this week, directly impacts the evaluation process for discretionary benefits, including applications for lawful permanent residence, commonly known as a Green Card. This move formalizes and expands the agency’s digital vetting procedures, placing online political expression under unprecedented official scrutiny for those seeking to build a life in the United States.

How Does the New Green Card Social Media Screening Work?

The updated USCIS Policy Manual now explicitly instructs officers to consider whether an applicant has “endorsed, promoted, supported, or otherwise espoused anti-American views” when adjudicating cases. While the term “anti-American activity” is not exhaustively defined, guidance indicates it will be interpreted through the lens of existing immigration law that bars individuals who advocate communism, totalitarianism, or the overthrow of the U.S. government.

Under the new guidelines, any identified “anti-American activity will be an overwhelmingly negative factor in any discretionary analysis.” This means a single post or like deemed hostile to American “citizens, culture, government, institutions, or founding principles” could potentially derail an application for a Green Card, work permit, or student visa. The policy applies to all requests filed on or after the announcement date, as well as those already pending review.

A Broader Context of Scrutiny and Enforcement

This policy revision is not an isolated event but part of a broader administrative focus on immigration compliance and ideology. Earlier this month, USCIS announced it was widening its criteria for assessing “good moral character” for citizenship applicants, looking beyond a clean criminal record to include “adherence to societal norms.”

Data from April 14, as reported by Inside Higher Ed, indicates this approach is already in practice, with over 1,000 foreign students having their visas revoked for alleged political activities related to the war in Gaza. Many of these students have contested the government’s characterization of their views as antisemitic or “pro-terrorist.” A USCIS spokesperson stated that those who hate America should not receive its benefits, underscoring the administration’s stance.

The application process now demands a new level of digital awareness, where one’s online history is as critical as one’s legal record.

Must Know

What does “anti-American activity” mean for a Green Card?
The policy does not provide a exhaustive list. It is based on existing statutes barring supporters of communism, totalitarianism, or those who advocate overthrowing the U.S. government. Officers will have discretion in interpreting social media content that shows hostility toward American citizens, culture, or founding principles.

Does this new social media screening apply to all immigrants?
The policy applies to applicants seeking discretionary immigration benefits. This primarily includes those applying for lawful permanent residence (Green Cards), along with applicants for certain work permits and student visas. It is a key part of the adjudication process for these specific benefits.

Can my Green Card be denied solely for a social media post?
According to the new guidance, evidence of “anti-American activity” is considered an “overwhelmingly negative factor.” While other aspects of an application are still reviewed, a single post deemed sufficiently severe could provide the grounds for a denial based on a discretionary negative finding.

What if my visa was already revoked under this policy?
Individuals who have had a visa revoked or an application denied typically have the right to appeal the decision through established legal channels. It is strongly advised to seek counsel from an experienced immigration attorney to understand the specific reasons and options for recourse.