USCIS Updates Guidance to Consider ‘Anti-Americanism’ in Adjudicating Immigrant Benefits & ‘Good Moral Character’ for Naturalization Applicants

U.S. Citizenship and Immigration Services (USCIS) announced several updates to its guidance related to considering “anti-Americanism” in adjudications of immigrant benefits and expanding what constitutes “good moral character” for naturalization applicants. Below are highlights:

“Anti-Americanism.” On August 19, 2025, USCIS announced that it has updated its guidance, effective immediately, to USCIS officers to consider “anti-Americanism” in immigrant benefit requests where an exercise of discretion is required, including factors related to past requests for parole and “any involvement in anti-American or terrorist organizations,” as well as “where evidence of antisemitic activity is present.” The guidance does not define “anti-Americanism” and appears to leave discretion to USCIS officers. USCIS spokesman Matthew Tragesser said, “America’s benefits should not be given to those who despise the country and promote anti-American ideologies.”

The guidance highlights several areas of focus, including the adjudication of employment-based immigrant petitions in cases involving national interest waivers and adjudications of extensions of stay, changes of status, and reinstatement. The updated guidance also discusses “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.”

Advocates expressed concerns about the guidance having a chilling effect on free speech and ideological questions being triggered by social media posts or peaceful protesting. “A lot of this administration’s activities infringe on constitutional rights and do need to be resolved, ultimately, in courts,” said Ruby Robinson, a senior managing attorney at the Michigan Immigrant Rights Center. Immigration lawyers are advising companies sponsoring foreign employees to counsel them on social media behavior. The Associated Press concluded that the policy “represents a major shift in U.S. immigration vetting, one that goes beyond criminal history or security risks and into the realm of personal beliefs. For skilled foreign workers, especially those navigating long immigration timelines, this could mean greater uncertainty and the need for extra vigilance in how they present themselves—online and offline.”

Good moral character. USCIS released a memorandum, Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard for Aliens Applying for Naturalization, on August 15, 2025. The memo states that for naturalization applicants, USCIS will consider not only the “absence of wrongdoing” but also will engage in a “holistic assessment” of an applicant’s “behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”

The memo defines good moral character as “a character commensurate with the standards of average citizens of the community” in which the applicant resides. USCIS officers are directed to review the totality of the circumstances in each case and “must account for” an applicant’s “positive attributes and not simply the absence of misconduct,” the memo states, noting that positive factors include but are not limited to:

• Sustained community involvement and contributions in the United States.
• Family caregiving, responsibility, and ties in the United States.
• Educational attainment.
• Stable and lawful employment history and achievements.
• Length of lawful residence in the United States.
• Compliance with tax obligations and financial responsibility in the United States.

The memo directs USCIS officers to apply greater scrutiny to potentially disqualifying behavior or action and discusses proper rehabilitation and reformation.

This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, If you require further assistance or advice relating to the above, please contact our Principal Lawyer, Janice Flynn at janice@flynnhodkinson.com.