Heightened Scrutiny of Individuals of Iranian Descent
/The American Immigration Lawyers Association (AILA) has issued a Practice Pointer regarding recent trends and reports of Iranian individuals receiving increased scrutiny and denials or revocations from the Department of State (DOS) and Department of Homeland Security while attempting to enter or re-enter the United States.
One common reason for denials of applications or refusal of admission is prior military service, as Iranian men must participate in compulsory military service and are randomly assigned to a branch of the military. One branch of the Iranian military, the Islamic Revolutionary Guard Corp (IRGC) was designated as a terrorist organization by the U.S. government in 2019, and as a result of this, some Iranians can face inadmissibility due to being involved in terrorist activities. Exceptions and waivers to this ground of inadmissibility are increasingly not being considered according to AILA’s reports, and inadmissibility on this ground has been extended to those who have served in other branches of the Iranian military, or to family members such as spouses.
Iranian applicants for nonimmigrant visas have also been refused entry, or had their visa applications denied or revoked for the following reasons:
Seeking to enter the U.S. to attend an institute of higher education to prepare for a career in the energy sector of Iran or in nuclear science, nuclear engineering, or a related field in Iran. (Section 501 of the Iran Threat Reduction and Syria Human Rights Act of 2012)
Participating in previous schooling, training, employment, or having other connections with an entity “designated as or associated with a foreign terrorist organization or sanctioned specially designated national”
Receiving a “determination that an export license should be issued for access to controlled technology”.
Social media history “that could be used as a basis to find that the foreign national is inadmissible (i.e., on national security grounds)”
AILA’s report warns that Iranian nationals already in the U.S. should avoid travelling internationally, even with a valid visa. If travel outside the U.S. is necessary, AILA recommends that Iranian nationals check their visa case status in the Consular Electronic Application Center (CEAC) to ensure they are aware of any changes.
AILA also reports that U.S. citizens and lawful permanent residents have faced this increased scrutiny as well, such as being directed through secondary inspection for questioning when returning to the U.S. Other reports include revocation of Global Entry, or having electronic devices searched and confiscated. If necessary, travelers can submit inquiries about difficulties they have experienced to DHS’s Traveler Redress Inquiry Program (TRIP) or submit a report or complaint to the DHS Office of Civil Rights and Civil Liberties (CRCL).
