How Does AI in the Visa Review Process Impact You?
According to a March 2025 report from Boundless, AI systems are being applied in visa screenings, border enforcement, biometric analysis, and even deportation decisions. This is not theoretical or experimental—AI is currently embedded into core decision-making pipelines that directly affect immigrants’ lives.
USCIS’s integration of big data cross-checking tools to review all types of immigration applications and assign “behavior scores” to applicants.
Traditionally, USCIS has served as a benefits-processing agency, while enforcement responsibilities fell to ICE and CBP. But the recent spike in RFEs demanding detailed identity and behavior data raises serious questions: Is USCIS now acting as a data-gathering proxy for immigration enforcement? Join us at 6:00pm tonight to discuss how this is going to impact you.
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Table of Contents
Introduction to AI in Immigration
- The discussion begins with an introduction by Sam Shiha and Brian Burke, who are attorneys specializing in immigration law.
- They aim to explore the impact of artificial intelligence on the immigration process in the United States.
- The attorneys clarify that while their practice is global, they are specifically licensed to practice U.S. immigration law.
- They highlight their experience in helping clients from various countries navigate the U.S. immigration system.
- The session is structured to last thirty minutes and includes a Q&A segment at the end.
- The attorneys emphasize the relevance of AI in current immigration processes, suggesting it is already being utilized extensively.
Current Use of AI by DHS
- The attorneys discuss the Department of Homeland Security’s (DHS) use of over 200 AI systems within immigration processes.
- They note that Customs and Border Protection (CBP) utilizes the majority of these systems, with around 76 in operation.
- The discussion touches on the secrecy surrounding these systems, citing national security concerns that prevent full disclosure of their operations.
- Facial recognition technology is highlighted as a significant application of AI, although the U.S. is not the world leader in its usage.
- Personal anecdotes illustrate the efficiency of AI in processing travelers, such as using facial recognition to expedite customs checks for known travelers.
AI in Case Review Processes
- The attorneys delve into how AI is employed in reviewing complex immigration cases, particularly employment-based visas like EB1.
- AI is used to identify patterns in applications, flagging those that may require further scrutiny from USCIS officers.
- While AI does not make final decisions, it plays a crucial role in highlighting cases of concern, which can negatively affect applicants.
- The attorneys express concern over the implications of AI flagging applications based on patterns that may not accurately reflect individual cases.
- They caution against using AI-generated templates for applications, as these may reveal identifiable patterns that could harm a case.
AI’s Role in Asylum Applications
- The conversation shifts to the use of AI in detecting fraudulent asylum applications, which have become a significant issue.
- The attorneys explain that AI can analyze patterns in asylum claims to identify potential fraud, thus enhancing the integrity of the process.
- They acknowledge the existence of businesses that assist individuals in fabricating asylum stories, which AI seeks to combat.
- The use of AI tools like the Hurricane Score model is discussed, which assesses the risk of non-compliance from individuals released from detention.
Challenges and Concerns with AI in Immigration
- The attorneys highlight the potential for AI to misinterpret data, leading to unjust rejections or Requests for Evidence (RFEs) based on flawed assumptions.
- They express concern that AI-generated decisions may not reflect the complexities of individual cases, creating challenges for applicants.
- The discussion points out that reliance on AI could lead to increased scrutiny and rejection rates for certain types of applications.
- The attorneys emphasize the importance of presenting unique, well-documented cases to mitigate the risks associated with AI evaluations.
Humanitarian Parole and Family Immigration Questions
- The attorneys address questions from viewers regarding family immigration and the possibility of bringing sick relatives to the U.S.
- Humanitarian parole is suggested as a viable option for individuals who have been denied visas but have urgent humanitarian reasons for travel.
- The discussion includes the importance of thorough documentation to support applications for humanitarian parole.
- A common question involves the lengthy wait times for sibling immigration, which can take up to 20 years, highlighting the challenges in family reunification.
- The attorneys discuss alternative paths, such as employment-based visas, for family members who wish to immigrate sooner.
E2 and EB5 Visa Insights
- The attorneys explain the requirements for E2 visas, which allow individuals from treaty countries to invest in and manage businesses in the U.S.
- They clarify that the investment must not be marginal, meaning it should generate sufficient income beyond the investor’s personal needs.
- The discussion also touches on the EB5 visa process, which requires a significant investment of either $800,000 or $1 million.
- Sources of funds for EB5 investments must be legally obtained, and the attorneys advise that borrowed funds can be used, provided they are not secured by the investment business itself.
- The importance of demonstrating the lawful origin of funds is emphasized, as is the necessity of providing thorough documentation for both E2 and EB5 applications.
Conclusion and Q&A Session
- As the session concludes, the attorneys invite viewers to submit their immigration questions for discussion.
- They address a question regarding the filing process for an EB3 visa, emphasizing the importance of timely application as priority dates become current.
- The attorneys remind viewers of the requirement to submit medical exams alongside I-485 applications, reflecting changes in immigration policy.
- The session ends with a reminder of their next discussion, reinforcing their commitment to providing ongoing support and information on immigration matters.
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