A new memo from USCIS states that anti-American and antisemitic ideologies are a basis to deny most types of immigration applications, including asylum. The meaning of these terms is vague (at best), and so once again, non-citizens are left to wonder what they can and cannot do, say or think, which may lead to trouble in immigration land.
Luckily, I am here to fill this unfortunate information void with unfounded speculation. And so below, you will find the top 10 anti-American and antisemitic ideologies that can kibosh your immigration application with USCIS.
Before we get to the list, I want to complain a bit more about the USCIS memo. It is truly an understatement to say that the new policy is vague. Let’s start with anti-American ideology. In a footnote, the memo claims that this term is defined in the immigration law, specifically in INA § 313(a). A perusal of that section lists people ineligible for naturalization, including Communists and individuals associated with a totalitarian party, those who believe in “the overthrow by force or violence or other unconstitutional means of the Government of the United States,” people who support the killing of officials of the “Government of the United States or of any other organized government,” and people who oppose “all organized government.” While this language makes clear that the authors of the INA didn’t like Commies and anarchists, it does little to help define “anti-American ideologies,” nor does it help us understand what activities constitute “supporting” or “promoting” such ideologies.
The situation is even worse when it comes to non-citizens who “support or promote… antisemitic ideologies.” USCIS does not even offer a fig leaf of a definition for “antisemitism,” a phrase the Trump Administration has weaponized to attack anyone who criticizes the Israeli government or the war in Gaza.
The absence of clarity leaves a lot of room for interpretation and abuse by USCIS officers. Under the current Administration, it’s not hard to imagine how this ambiguity could be used against non-citizens. You think President Trump is a danger to democracy? Denied! You support a Palestinian state? Denied! You think red hats are tacky? Denied! You participated in the January 6th protest? No problem. Welcome to America!
Remember too that it’s not just an issue of how you answer questions at the interview. USCIS can review your social media posts and who you follow, they can scrutinize any organizations that you belong to (or that you belonged to in the past), and they can look at any other publicly available information about you. Can you attend an anti-war protest or complain that taxes are too high? Are these expressions of anti-American ideology? Who knows? The new memo is so vague that it’s difficult to know what activities or statements might not be acceptable to USCIS.
Well, I suppose that’s enough of my yammering. I promised you a top ten list about anti-American and antisemitic ideologies, and so here it is. The top ten things you should definitely not say at a USCIS interview–
10 – I like Mount Rushmore just the way it is.
9 – Greenland is probably better off with Denmark.
8 – That Palestinian child is a human being.
7 – Joe Biden was elected President in 2020.
6 – Bringing Africans to America and enslaving them was not very nice.
5 – These matzo balls are too hard.
4 – For home decor, gold accents are only good up to a point.
3 – Woke.
2 – I didn’t much care for Home Alone 2.
1 – That judge is not a radical left lunatic.
We could add lots more to this list, since pretty much any criticism of the U.S. government, the current Administration or Israel might be deemed anti-American or antisemitic. How this new policy will be implemented remains to be seen, but it certainly does not bode well for immigrants, free speech or democracy.
Hi Jason,
I received a notice of receipt for my I-485 application and it says that they will notify me if I need to do biometrics or not. Is this common or are green card applicants automatically required to do the biometrics?
Thanks, Charlie
It is common. These days, USCIS normally re-uses biometrics and so they may not need you to go to an appointment as part of the I-485 process. Take care, Jason
Hi Jason
I recently got a 48 extension for my I-751 that i submitted without my US Citizen spouse due to abuse and eventually divorce. They also returned my application fee.
Can i apply for citizenship next year, close to my 3 yr green card anniversary? Do you think it is a good idea? I have solid evidence to prove abuse also.
I am also planning on moving to TX from Massachusetts, do you think this will affect my case approval chances? Or can i just move but maintain my mail address in MA.
Or those familia with Texas approval rates, please advise if the move will affect my case approval chances.
Thank you
You would have to double check the N-400 instructions, but I think if you are not married to your US citizen spouse, you are not eligible to apply for citizenship after 3 years and you will need to wait 5 years. Moving should not affect the case in terms of likelihood for success, as long as you update your address with USCIS. I am not sure if USCIS processes cases more quickly in one place or the other. You can look at processing times at http://www.uscis.gov to see if there are any differences, but regardless, if you move, you need to update your address and the new case would normally be processed at the new location. Take care, Jason
Hi Jason,
Thank you for all your efforts, kindness, and dedication to help asylum seekers. What are your thoughts on political asylum cases from Egypt that have been pending for over 7 years. I have my interview scheduled in October, and I want to know what you think: Do officers believe it’s now less risky for old cases, however, there is imminent danger since there have been recent arrest attempts made.
It depends on the basis for the claim, and how country conditions have changed over time. You will need to present the case based on what happened at the time you were there (i.e., any past persecution or threats) and also on country conditions as they exist today. In general, the cases I have seen from Egypt have been strong claims, but it would depend on the facts of the particular case. I wrote about how best to present old cases on June 14, 2023 and maybe that would help. Take care, Jason
Hi Jason,
I am asking for a friend. He filed his asylum case about two years ago but hasn’t heard back yet. He recently got engaged, and his fiancée wants to file her own asylum case separately. Would that affect his pending case in any way? Also, is it possible for her to file on her own and then add him to her case?
They were just curious.
If they are not legally married, there is no effect at all. If they are married, she can file her own case and/or join his case, and he could join her case (or when she files, she can include him as a dependent, which is easier). Adding a person to a pending case is very difficult, but they can try. If they are not able to add the other as a dependent, maybe they could do that at the interview itself, which is usually easier, as long as they let the asylum office know in advance and bring all relevant documents. I wrote about adding a dependent to an existing asylum case on March 29, 2023 and maybe that post would be of interest. Take care, Jason
I entered USA illegally without inspection, am in removal proceedings with the immigration court, am married to a USA citizen and I have a pending I-130. Now my spouse is abusing me and I want to file for Vawa. So what will happen to my pending I-130 if I file for Vawa and too will I have to go back to my home country to get a green card if my vawa is approved, will I be able to adjust my status to green card here in the USA without going back to my home country?
The I-130 is filed by your spouse and the spouse can withdraw that at any time. Also, if you and/or your spouse fail to appear for an I-130 interview, the I-130 would likely be denied. In terms of VAWA, I believe if it is approved, it allows you to get your GC inside the United States. However, I do not do such cases and I am not sure how that will work, especially with the current immigration court case, which would need to be delayed or closed to allow USCIS time to process the VAWA. You should talk to a lawyer who does such cases to see what can be done. Take care, Jason
Hi Jason,
Based on your experience with Afghan asylum cases, how are such cases generally analyzed today—particularly those involving individuals who entered the U.S. legally and have had a pending asylum application since around 2018, with strong family ties in the country? Given that Afghanistan is now fully controlled by a regime that don’t like these applicants, are they still considered at risk of deportation?
Most judges still recognize that Afghans are in danger if they are sent back. Some do not recognize that, and so depending on the fact finder, it is possible to get ordered deported to Afghanistan. Take care, Jason
Hello jason,
Since I entered the United States on an F-1 student visa, I was initially required to maintain my studies to keep my legal status. However, my circumstances changed after I applied for asylum, and my asylum application has been approved.
Now that I hold asylee status, I am no longer bound by the conditions of my F-1 visa, and my lawful presence in the United States is based on my asylum approval. Therefore, maintaining enrollment in school is no longer required to preserve my legal status.
I would like clarification on whether I may discontinue my current studies without any negative impact on my immigration status or future eligibility for benefits, such as applying for a Green Card after one year of asylum status.
If you have asylum and that is your status now, you can leave school and it would have no effect on your immigration status. Take care, Jason
When people apply for F-1 visas, don’t they say they need to go back after F-1 visa expiration ?
Otherwise they would have been ineligible due to immigration intent right
Can DHS refer affirmative asylum applicants to immigration judges for removal proceedings without first conducting an interview? Specifically, does this apply to individuals who did not enter the country illegally (for example, by crossing the border) and who have not been apprehended by ICE? If that is possible, would it be USCIS or DHS that issues the NTA? Under those circumstances, does USCIS have an obligation to forward the asylum application materials to the immigration judge?
I have one case where the person entered with a B visa and filed affirmatively, but then the asylum office determined that it did not have jurisdiction and sent the case to Immigration Court. I do not know how they reached that conclusion, and I have not seen that before. I think most people who entered legally and who filed affirmatively will not be referred to court. Indeed, the whole purpose of the asylum office is to hear such cases. In my case, I do not know whether the asylum case was forwarded to the court, as it just happened and I have not seen the court file. I am assuming the file will not be forwarded to court and the person will need to file a new asylum application, but I will know more once (and if) I become the lawyer for the court case. In other cases, where the person entered at the border but was not initially referred to court, when the asylum office eventually found that they did not have jurisdiction and that the case should be sent to court, they did not forward the I-589 and the person needed to re-file a new I-589 in court. Take care, Jason
Thanks, Jason.
Hi Jason,
I hope you are doing well. I have a quick question on behalf of a friend who isn’t able to write in English. He is currently based in Philadelphia and filed his asylum application in December of last year. Since then, he has not received any updates.
He is considering relocating to Virginia, as he believes it would be a better place for his children’s education and overall life. However, he is concerned that transferring his case might cause significant delays. If he does move, he would like to retain you as his attorney, but before making any decision, he would like to know:
Would moving to Virginia and transferring his case likely cause further delays?
Is the Virginia asylum office generally faster in processing cases compared to the Newark office?
I’d greatly appreciate any thoughts you could share on this.
As long as he already has his work permit, moving should have no real effect on the case. As far as we can tell, if a person moves, he keeps his place in line (to the extent there is a line). The asylum offices seem to be working on oldest and newest cases, and so it is possible that he will receive an interview soon, though this is not very predictable. Nevertheless, it is a good idea to gather all evidence, so he is ready in case that happens. Also, between Newark and Virginia, those two offices seem pretty similar in terms of speed and grant rate, and so to me, it does not make much difference which office has his case. Take care, Jason
Hi Jason. Quick question about marriage on US citizen while with pending asylum. If my wife, US citizen does have only minimal income, and I, her husband make well into six figures, will I still be considered public charge and she will still have to sponsor me?
The petitioner (in this case your wife) must always file an affidavit of financial support for the beneficiary (in this case you), regardless of each person’s income or assets. In your case, if the petitioner does not earn enough money, either you can use your income towards the requirement (assuming you are eligible to do that – see form I-864A, available at http://www.uscis.gov) or you can get a joint sponsor to file a second I-864. Take care, Jason
Hi Jason,
I was granted asylum in January 2025 and I’m now thinking about applying for a green card based on that. I’ve seen a lot of talk on Reddit about a pause on asylum based green cards, but I haven’t found any real evidence for it. Things feel pretty complicated and uncertain right now, so I wanted to get your advice, do you think it makes sense to apply through asylum, or should I look at other options?
My wife has an approved EB2, her priority date is current, and I can be added to her application as well.
Thanks
Based on my research the pause has been lifted! However, Aslyum based green card is not USCIS priority anymore. In the past, USCIS used to process 6k per month, but since April 2025 they roughly process 1k per month. There are 95k pending green applications as of July 2025. Overall, it might take several years to get your green with this administartion.
The pause was never announced by USCIS; it was only discussed in the media. Even during the pause, some asylees were still receiving their GCs, so I never thought it was worth delaying the I-485 application. Now, as best as we can tell, the pause has ended, and I wrote about that on August 6, 2025. Take care, Jason
Hello Mr Jason, I an an asylum seeker and my case has been pending for the past 5 years now. I am in Chicago. I recently saw how someone was penalized for stating that they were a US Citizen so I decided to call my banks and unfortunately two of them had me listed as a US citizen! I do not know how they could be that careless. I immediately closed my accounts with them. Please what status do Asylum Seekers with pending cases have? Non Resident Alien or Resident Aliens? Thanks for your help
The problem is when you make a false claim to citizenship, and so if the bank mistakenly listed you as a citizen, that is not a false claim made by you and should have no effect. However, I agree with you that it is a careless mistake and you would not want the US government to use that as a basis to say that you claimed to be a citizen. As for the status of people with pending cases, I do not know about that. A pending asylum case is not a status; it is an application for status. I am not sure where you would need to characterize your status – maybe for tax purposes? If so, I would talk to a tax professional about that, as the way you list yourself (resident, non-resident, something else) could have tax implications. Take care, Jason
When adjusting status there is a question have you ever been arrested or detained, are they talking about lawful arrest/detention or unlawful ones count too? its confusing because in certain countries especially third world countries police officers do whatever they want including harassing and stealing from people. where I am from they often unlawfully attack people just because they are gay, will that count as well as inadmissibility? Could you please write a text on that topic Jason?
There are many confusing questions on the forms. For this question, I think it is best to give the answer that you think is most accurate, circle the question, write “See cover letter,” and provide an explanation in the cover letter. An illegal arrest will not block a person from receiving a GC, but if USCIS think you are trying to hide the arrest, that could create problems. As long as you tell them about it, you should be fine. When I do this, I also write that the arrest was discussed in the client’s asylum application, assuming we have done that. Take care, Jason
is it safe for LGBT people to seek asylum in this country now? even for gays and lesbians asylees, is it safe for them adjust status? There is so much fear that someone can feel very unsafe just because your sexual orientation.
There is certainly a backlash against LGBT people in the US, and it is very distressing to watch our country back track. However, there are many places where gay people can live safely in the US, and I doubt that will change any time soon. Whether people will still want to come to this country given all the nastiness, I do not know. I guess that is a decision each person will have to make for themselves. Take care, Jason
Hello Jason
I am a derivative asylum under my husband case. I am waiting for my green card. I have a refuge travel document. I want to go to my home country to visit my sick mother who is very old. My question under the current circumstance
1. Can I travel to my home country and back using my refuge travel document.
2. Can I use my country passport since I am not the applicant
3. Does it make a difference if I travel through other country from here and also coming back.
1 – As a dependent, there would generally be no problem to travel to your home country. However, if the principal applicant’s asylum case indicated that you were also in danger, you should be prepared to explain why you went to the home country, in case you are asked. Also, the immigration agents often are not very familiar with the law, and so if they question your travel, you would need to explain that you were a dependent and that you did not have a fear of going to the home country (assuming this is the case). 2 – Again, as a dependent, it should be fine. But if the principal stated that the government wants to harm you also, you should be prepared to explain why you are using a passport. I think it is unlikely you would be asked about this, but it does not hurt to think about your response in advance. 3 – It should not matter. As long as you have a valid travel document, you should be able to return to the US. Take care, Jason
We can only hope a democrat could get into the office and reverse some of the damage…
But I am worried that if jd vance succeeds in 2028…then it’s gonna be really bad…
Hi Jazon
I went to my individual hearing with my lawyer and here what happened :
– The IJ was very intimidating started giving us options before even hearing us. He started telling us how he denied cases from some countries he believes their conditions changed. Since my case has been pending for years,he thought we filed another case because he did not have a chance to look at additional evidences submitted and country condition. Also,he forgot that we requested interpreter for my witnesses so he finally cancelled the hearing and found a new date.
– Since my lawyer filed hundred pages,the ICE attorney could not connect new evidence and the original application. So he ended requesting more time. A week after a new date set by the IJ, i was surprised to find out that i have another date in six months after five cancelations. It didn’t stop there, couple weeks ago,we got an email from the court requesting original referal documents and NTA they sent to us years ago,luckily i keep every single document received and my lawyer sent them back.
All i can say is no asylum seeker should go through this and i appreciate all lawyers working days and nights for immigrants with pending cases nowadays????
The entire system is a complete mess and many judges lack the experience and training they need to do a good job. Unfortunately, I do not see things improving any time soon. Hopefully, providing all the evidence, including documents that the government gave to you in the first place, will help, and the judge will actually do his job and review the case, listen to the evidence, and make a decision in accordance with the law. Take care, Jason
This reminds me of the new Venezuelan law banning any support for any entity involved in unilateral coercive measures (sanctions) against the current ruling party.
Someone tell Florida that Trump has gone full Chavista.
The funny thing is, all these dictator types are the same. Whether they say they are on the left or the right, they just want power. Too bad we keep falling for their old tricks. Take care, Jason
So…what’s the action items ?
I hope the attitude is not that the situation is bad we might as well accept that.
Hello Jason,
My asylum application has been pending with USCIS since 2018. I completed my interview and am currently awaiting a decision. My wife, who was listed as a derivative on my application, filed her own asylum application approximately six months ago. However, the receipt notice from the asylum office lists the “received date” of her application as 2018—the same date as mine. For the purpose of filing a mandamus lawsuit related to her application, can she use 2018 as her official filing date? Or would she need to wait several more years from now before being eligible to pursue a mandamus action? Thank you.
Sorry, I do not know that. I think you would need to talk to a lawyer who does mandamus cases. I am not sure whether it will matter, as she will receive asylum if she is your dependent and your case is granted, and she will be referred to court if she is your dependent and your case is denied (assuming she has no other status in the US). I suppose if you don’t get a decision, she can try to get an interview based on mandamus to see if she can be granted before you have a decision. Anyway, you could talk to a mandamus lawyer about whether that would work. Take care, Jason
Good evening Jason,
My case was approved in 2018, and I received my green card in 2021, which is valid until 2031. I now have only a few months left before I can apply for U.S. citizenship.
Recently, I’ve come across ICE-related news and videos, and it’s been very distressing to see the situations some people are facing. I’ve always carried a concern that I could be approached unexpectedly. Could you clarify whether ICE typically operates based on specific lists of individuals, or if they can stop people randomly in public?
Additionally, I generally do not carry my green card with me. Would you recommend that I keep it in my wallet at all times in case I need to prove my legal status?
I worked with an attorney on my immigration case, but the last time I spoke with him was in 2018. In your opinion, would it be advisable to reconnect with him now, so that I have established legal support in case any issues arise?
Thank you for your guidance.
I have not heard about people in your situation being targeted and unless you have a criminal record, I think it is unlikely you will have issues. You supposed to carry your green card with you and so you should do that. People do not like to do that for fear of losing it, so that is an issue. Certainly, you should have a good copy of it, front and back, as a back up in case you do lose it. In terms of citizenship, there are changes taking place to the process to make it a bit more difficult, but I doubt these will have a major impact beyond delaying people’s cases (at least the changes we have seen so far). I do not think they are reason to wait before applying, unless maybe there are underlying issues with the case, such as prior fraud that could come to light during the naturalization process. As for your lawyer, I suppose you can check that he is still in business and ask whether he is the right person to contact if you get into trouble. Some lawyers do not do detained work, and it would be good to know that. Take care, Jason
I thought Joe Biden won the 2020 election, right ?
I am confused, how is it anti-American ?
Who does Mr. Trump think won the 2020 election?