It’s official: “Anti-Americanism” can be a basis for denial of your immigrant and non-immigrant visa.

President Donald Trump’s administration, that holds the authority to define U.S. immigration policy, has officially said that “Anti-Americanism” will be “an overwhelmingly negative factor” in deciding of whether to grant or deny your immigrant or non-immigrant visa. This grants the U.S. Citizenship and Immigration Services (USCIS) enormous power, considering that any decision made by USCIS is discretionary, and the term “Anti-Americanism” is not clearly defined. Examples of “Anti-Americanism” include expressions of dissatisfaction with the current government’s policy, calls for overthrow of the U.S. government, or threats against government officers. USCIS will thoroughly screen applicants’ social media for signs of “Anti-Americanism.”

Applicants who are in the immigration process or plan to initiate such a process (such as applying for a green card, asylum, or naturalization), or who are in the country with temporary immigration status (U4U, TPS, parole), or who plan to enter the U.S. on a non-immigrant visa (tourist, studying, or work) should be extremely cautious in their statements and criticism regarding President Trump’s policies, regardless of the policy area -  domestic policy as to immigrants or foreign policy as to the war in Ukraine.

It is important to remember that individuals who are not U.S. citizens have limited constitutional rights. The right to freedom of speech is not an exception.

See also USCIS News Release 

Mykhaylo Vsevolodskyy

Attorney at law | New York | Florida | Ukraine

This is not legal advice.