Analysis of Recent USCIS Policy Changes Regarding Moral Character and Residency Applications

關於道德品格與居留申請之美國公民及移民服務局 (USCIS) 近期政策變動分析


Introduction

The U.S. Citizenship and Immigration Services (USCIS) has introduced stricter rules regarding how they evaluate applicant behavior and use their authority when deciding on naturalization and permanent residency.

美國公民及移民服務局 (USCIS) 引入了更嚴格的規則,用於評估申請人的行為,以及在決定入籍與永久居留權時如何行使權力。

Main Body

The agency's current approach to citizenship is shown in a case where USCIS used a general rule in the Immigration and Nationality Act (INA § 101(f)). This rule allows officials to judge behavior that is not specifically listed in the law to decide if an applicant has 'good moral character.' In this case, the agency claimed that sending LinkedIn connection requests to directors was a violation of professional boundaries. USCIS asserted that these actions show a lack of judgment and could be seen as an attempt to improperly influence the process. However, lawyer Richard T. Herman argued that using a professional networking site is not a moral failure, especially if there is no evidence of harassment, and suggested the decision was unfair.

該機構目前處理公民權的做法在一個案例中得到體現,USCIS 使用了《移民與國籍法》(INA § 101(f)) 的一般原則。此規則允許官員就法律中未明確列出的行為作出評判,以決定申請人是否具有「良好道德品格」。在此案例中,該機構聲稱向主管發送 LinkedIn 聯絡請求違反了職業界限。USCIS 主張這些行為顯示出缺乏判斷力,並可被視為企圖不正當地影響程序。然而,律師 Richard T. Herman 認為,使用專業社交網站並非道德失敗,特別是在沒有騷擾證據的情況下,並建議該決定是不公平的。

Furthermore, the agency released policy memo PM-602-0199 on May 21. This memo states that the process of adjusting one's status (AOS) is a privilege granted by the government rather than a guaranteed right. Consequently, officers must now use more discretion when reviewing applications. This change specifically affects people with non-dual intent visas, such as TN, E-3, F-1 OPT, and J-1 holders, who are expected to leave the U.S. when their visas expire. Officers are now told to examine factors such as previous visa violations or fraudulent claims. In contrast, H-1B and L-1 visa holders are less affected because their status already allows for 'dual intent.'

此外,該機構於 5 月 21 日發布了 PM-602-0199 政策備忘錄。該備忘錄指出,調整身份 (AOS) 的過程是政府授予的特權,而非一項保證的權利。因此,官員在審查申請時現在必須運用更多酌情權。這一變動特別影響持有非雙重意圖簽證的人士,例如 TN, E-3, F-1 OPT 及 J-1 持有人,他們理應在簽證到期後離開美國。官員現在被要求檢查諸如先前違反簽證規定或虛假申報等因素。相比之下,H-1B 和 L-1 簽證持有者受影響較小,因為他們的身份已允許「雙重意圖」。

Conclusion

Current USCIS operations show a stronger focus on official discretion and a wider interpretation of which behaviors can disqualify a person from obtaining citizenship or residency.

目前 USCIS 的運作顯示出其更加注重官方酌情權,並且對一些會令申請人失去公民權或居留權的行為有更寬泛的解釋。

Vocabulary Learning

The Power of 'Soft' vs. 'Hard' Certainty

At the A2 level, you likely use words like is, are, and can. But to reach B2, you must learn to express nuance. Look at how the text describes the government's power:

"...could be seen as an attempt to improperly influence the process."

Notice the phrase "could be seen as." This is a B2-level move called hedging. Instead of saying "This is an attempt" (which is a hard fact), the writer uses a softer approach. This allows for professional debate and avoids making a claim that might be proven wrong.


🚀 Level Up Your Vocabulary: Moving from Basic to Precise

To stop sounding like a beginner, replace your general verbs with these "Power Verbs" found in the text:

A2 Word (Basic)B2 Word (Precise)Context from Text
Say / ClaimAssert"USCIS asserted that these actions..."
GiveGrant"...a privilege granted by the government"
Look atExamine"Officers are now told to examine factors..."

Pro Tip: Use Assert when someone is stating something strongly, even if it isn't a proven fact yet.


🧩 Logic Connectors: The "Contrast" Shift

The text uses "Consequently" and "In contrast."

  • Consequently \rightarrow Use this instead of 'so' to show a formal result. (Action \rightarrow Result).
  • In contrast \rightarrow Use this instead of 'but' when you are comparing two different groups (e.g., F-1 visa holders vs. H-1B holders).

Try applying this: Instead of saying "I studied hard, so I passed," try "I studied diligently; consequently, I passed the exam."

Vocabulary Learning

evaluate (v.)
To judge or determine the quality, importance, amount, or value of something.
Example:The committee will evaluate the candidates based on their professional experience.
asserted (v.)
To state a fact or belief confidently and forcefully.
Example:The lawyer asserted that his client was innocent despite the evidence.
violation (n.)
An act of breaking or failing to comply with a rule, law, or agreement.
Example:Parking in front of a fire hydrant is a clear violation of city ordinances.
discretion (n.)
The freedom to decide what should be done in a particular situation.
Example:The judge has the discretion to reduce the sentence based on the defendant's history.
fraudulent (adj.)
Obtained by or done by deception; dishonest.
Example:The bank flagged the transaction as fraudulent after noticing unusual activity.
interpretation (n.)
The action of explaining the meaning of something, or a particular way of understanding it.
Example:Different lawyers have a different interpretation of the new tax law.
disqualify (v.)
To make someone ineligible for a job, competition, or privilege.
Example:Using banned substances will disqualify an athlete from the competition.
Practice B2 words in a crossword