The United States Citizenship and Immigration Services (USCIS) has expanded its continuous vetting programme for naturalisation, under a revised framework, emphasising good moral character (GMC) to monitor over 55 million current visa holders from any nationality.
This includes individuals already residing legally in the United States and EB-5 investor visa holders, who typically invest between $800,000 and $1.05 million in US businesses.
Despite their economic contributions, these investors are now subject to the same ongoing scrutiny as other visa categories.
This marks a significant departure from the checklist-style approach introduced by the Immigration Act of 1990.
The updated guidelines extend beyond criminal behaviour to include actions deemed inconsistent with civic norms, and may encompass technically lawful but socially questionable conduct, such as habitual traffic violations or aggressive public solicitation.
Officers are now authorised to examine all available documentation and question applicants about specific incidents, as they assess behaviour that may not breach legal thresholds but could still be considered morally or socially unacceptable.
Under this new policy, a visa may be revoked upon signs of ineligibility, including overstays, criminal activity, or support for terrorism. Social media activity, as reported earlier, is now part of the surveillance scope, raising concerns about privacy and due process.
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Broader evaluation of character
Historically, immigration officers considered rehabilitative evidence, volunteer service, and family responsibilities when assessing GMC. However, the 1990 legislation shifted the focus toward disqualifying factors alone.
USCIS will now assess six categories of personal contribution, sustained community involvement, family caregiving responsibilities, educational achievement, stable employment history, length of lawful residence and tax compliance.
These factors will be weighed alongside traditional criminal background checks to determine eligibility for citizenship.
Ideological screening intensifies
In parallel, the administration has introduced enhanced vetting for ‘anti-American’ ideologies, with particular scrutiny on anti-semitic content shared via social media. Matthew Tragesser, USCIS spokesperson, confirmed that the agency is implementing procedures to ‘root out anti-Americanism’ and strengthen national security through rigorous screening.
The directive identifies anti-American activity as a heavily negative factor in immigration decisions. While definitions remain vague, examples include involvement with terrorist organisations and support for antisemitic extremism.
David Lesperance, immigration lawyer and managing director of Lesperance & Associates, expressed concern over the subjectivity of the new criteria. “While some issues are black and white, these new standards are open to interpretation,” he said. “The real question is how individual officers will apply them, given that the President himself does not personally review each application”.
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Rehabilitation and redemption
Fortunately, the policy also encourages rehabilitation for applicants with prior infractions.
Evidence such as payment of overdue taxes, compliance with court orders, and community testimonials may support a favourable GMC assessment. Officers are instructed to weigh both positive and negative evidence before making a final determination.
With between 600,000 and one million immigrants naturalised annually, and over 25 million naturalised citizens in the U.S., the new standards could significantly impact approval rates.
Lesperance predicts strategic delays in applications, particularly among individuals who fear political repercussions. “Some may choose to wait until after the 2028 election,” he said, suggesting the policy could suppress votes from newly eligible citizens.
