top of page

#ThinkAgain (Part 2) How Social Media can harm your Immigration Case

  • Writer: jarbathpenalawgrou
    jarbathpenalawgrou
  • Jul 16, 2021
  • 5 min read

It is no secret that applying for United States citizenship opens your life up to scrutiny by the government.


Regardless of whether you are applying for citizenship, asylum status, a visa, or your green card, it is crucial that you always keep in mind that the government is looking at every aspect of your life that it can get its hands on to be sure that you qualify. In other words, they are constantly checking any source they can find to verify the information you provide on your application. They want to verify your facts, and if you are lying, they want to catch you in that lie.


But what many people do not know is that the government can use your social media activity as a source of information. So if you are currently applying for citizenship, or plan to apply at any time in the future, you might want to be careful about what you post online—or stop using social media altogether. In this article, we will explore some of the pitfalls of using social media while your immigration case is pending.


Immigration Policy on Social Media


In September 2017, the Department of Homeland Security (DHS) raised many eyebrows when it released a Federal Register Notice that indicated it would collect social media information on all people passing through the United States immigration system. The notice was not a new rule, it simply put into writing the practices the government had already been using for years. The US government has a long history of using any and all publicly available information when deciding who to allow into the country and who to deport.



Two years later, in September of 2019, the DHS published another notice detailing their use of social media in information collection for immigrants and foreign travelers. So now, DHS has questions on its forms that specifically ask applicants to disclose social media accounts that they have used in the past five years. The forms also ask for associated usernames, but not passwords for those accounts. But if you think that withholding your password will keep you safe, don’t be fooled too quickly.


How Can This Impact Your Case



DHS’s ability to scrutinize your social media accounts can have a direct impact on your case. Anything that you post that can be interpreted as contradicting your application answers in any way may be used to deny your application. In fact, anything that your friends post can be used as well. It seems nonsensical, but there are cases where people have been denied their visas or even been deported because of what a friend posted on Facebook. Even if you do not respond to your friend’s post, the very fact that you affiliate with someone that the government believes is in a gang or part of a terrorist group can get your application denied. So let’s look at what you can do to protect yourself.


Social Media General Best Practices

DHS is supposed to only look at the publicly avail


able information. In other words, they should not be able to see what you post privately and only to your friends. How much you trust that the government is not willing and able to see what you post privately is up to you. But we suggest the following actions to attempt to protect your accounts from government oversight.

  • Set your privacy settings to be as restrictive as possible, and never post anything publicly;

  • If your friends post anything public, do not comment or repost because the government can interpret that as approval of the message;

  • Do not accept friend requests from people you do not personally know;

  • Never, ever post anything, including “jokes” about terrorism, criminal activity, or any desire to harm the US;

  • Never comment or joke or like about deceiving the government;

  • Never post anything that could be construed as contradicting anything you reported in your immigration application;

  • Do not complain on social media about the US immigration services or policies, do not insult the process in any way, especially through the use of profanity;

  • Always avoid the use of profanity, threatening language, or aggressive language.

These steps are not foolproof by any means. They are only a guideline alerting you to what you must avoid. But please understand that even innocent posts can be misconstrued and used against you. Honestly, the best practice is to avoid social media entirely until your application process is complete. We know that this is a lot to ask. But in the end, it is the safest course of action. If you cannot resist, attempt to follow the restrictions outlined above for your own sake.


Social Media and Marriage-Related Applications




If you have applied for an immigration benefit based on marriage, you must be even more cautious about social media posts. There are an infinite number of ways that you can tank your approval by what you, your intended spouse, or even your friends post online. Here are a few things to keep in mind.


  • If you are on a platform that publicizes your “relationship status,” make sure that it is set to the appropriate setting.

  • Never post anything that might call your relationship into question. Posts that are flirty or that display romantic encounters or feelings of any kind for anyone other than your intended spouse can really destroy your chances of getting citizenship based on marriage. If officials see anything that indicates your relationship is not true, they can deny your application.

  • Do not use dating apps of any kind while your status is pending. This can and will be tracked and can also destroy your chances of attaining citizenship.

  • If you do post on social media, making positive and frequent posts regarding your relationship is beneficial. If you are public about every other aspect of your life, including past relationships, Immigration can question the lack of social media post to question your relationship.

The trouble here is that you may be held accountable for what others post as well. For instance, if you are out one night your friend may post photos that make it appear as if you were getting flirty with someone besides your future spouse. The unfortunate reality is that posts like this can harm you as well.


WE CAN HELP


The experienced and knowledgeable attorneys at The Jarbath Peña Law Group know immigration law. We are well-versed in the ins and outs of applying for and getting the immigration status you desire.


We are here to help you navigate the often overwhelming process of immigration in the US. We can counsel you on all aspects of this process, including your best course of action regarding your use of social media. So do not delay!


You can set up your free initial consultation today by calling 305-615-1005 or through our online contact form. We look forward to serving you!





 
 
 

Kommentare


Small logo for Jarbath Peña Law Group PA, Family Law and Immigration Law Attorneys in Coral Gables, Miami, FL.

PRIVACY NOTICE:

At Jarbath Peña Law Group, we are committed to protecting the privacy of our clients and website visitors. This Privacy Policy outlines how we collect, use, and safeguard your personal information. By using our website or services, you agree to the practices described in this policy.

 

The information on this website is provided for general informational purposes only and should not be construed as legal advice. Visitors should not act or refrain from acting based on any information on this website without seeking legal counsel specific to their situation from a licensed attorney in their jurisdiction. The information provided here may not reflect the latest legal developments, verdicts, or settlements. Jarbath Peña Law Group expressly disclaims all liability for actions taken or not taken based on any or all the contents of this website.

 

Any information sent to Jarbath Peña Law Group through this website or via email is not secure and is transmitted on a non-confidential basis. Transmission of information from this website does not create an attorney-client relationship. Contacting Jarbath Peña Law Group through this website or email does not establish an attorney-client relationship unless and until a formal agreement has been signed.

Some links on this website may lead to third-party websites. Jarbath Peña Law Group includes these links for your convenience and does not endorse or assume responsibility for the content, accuracy, or operations of any third-party websites.

This website and its contents are provided "AS IS" without any warranty, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Jarbath Peña Law Group does not intend to represent clients in jurisdictions where this website fails to comply with local legal or ethical requirements.

Types of Information Collected
We collect various types of personal information to provide and improve our services. This includes personal identifiers such as your name, email address, phone number, and mailing address. We may also collect professional information related to your legal case, which you provide during consultations or through website forms. Additionally, we collect technical data such as your IP address, browser type, operating system, and website usage information. Communication records, including emails and SMS messages, may also be retained for reference and service delivery.

 

How Information is Collected
Personal information is collected through multiple methods to ensure we provide a seamless experience. Direct interactions, such as filling out forms on our website, contacting us via phone or email, or scheduling consultations, are primary methods of data collection. Additionally, we use cookies and tracking technologies to gather automated information about your website activity, helping us analyze usage patterns and enhance the site’s functionality. Furthermore, third-party services integrated into our website, such as email marketing tools or appointment schedulers, may also collect relevant data.

 

Purpose of Data Collection
The personal information we collect serves several important purposes. Primarily, we use this data to deliver personalized legal services and communicate case updates, appointment reminders, and relevant legal information. Additionally, we use it to improve our website’s functionality, ensuring a better user experience. Your information also helps us comply with legal and ethical requirements, protecting both your interests and ours.

 

Data Security Measures
We take the protection of your personal information seriously and have implemented various security measures to safeguard it. Our website uses Secure Socket Layer (SSL) encryption to protect data during transmission. Access to personal information is limited to authorized personnel only, and we regularly monitor and update our data protection practices to prevent unauthorized access, alteration, or disclosure.

 

Data Sharing
Jarbath Peña Law Group does not sell, trade, or rent your personal information to third parties. However, we may share your data with trusted service providers who assist us in delivering our services, such as IT support or email marketing platforms. These third parties are bound by strict confidentiality agreements to ensure your information remains secure. Additionally, we may share your information when required by law or to protect our rights, clients, or others in legal or regulatory matters.

 

User Rights
We respect your rights regarding your personal information. You have the right to request access to the information we hold about you and to request corrections to any inaccurate or incomplete data. You may also request the deletion of your personal information, subject to any legal or regulatory obligations. If you no longer wish to receive marketing communications, you can opt out at any time by following the instructions in our messages or contacting us directly.

Contact Information
If you have any questions or concerns about this Privacy Policy or how your personal information is handled, please contact us. You can reach us via phone, email, or mail using the contact details provided below. We are committed to addressing your concerns promptly and transparently.

 

COPYWRITE NOTICE:

Reproduction, distribution, or retransmission of any material contained within this website is prohibited without prior written permission from Jarbath Peña Law Group.

USE OF COOKIES:

We use third-party services to monitor website activity, which may store cookies on your computer. These cookies help recognize your device on subsequent visits to our website or other sites serving related ads.

The information collected via cookies may include your IP address, date and time of access, and pages visited. This data helps us analyze website usage for improvements and statistical purposes. You can adjust your browser settings to notify you when cookies are being set or to refuse cookies altogether.

 

SMS Consent: SMS opt-in consent or phone numbers for SMS purposes will NOT be shared with third parties and affiliates for marketing purposes under any circumstances.

SMS Terms & Conditions

 

By opting in to receive SMS messages from Jarbath Peña Law Group, you agree to the following terms and conditions:

1. Messaging Frequency
You may receive periodic SMS messages regarding appointment reminders, case updates, promotional offers, and other relevant information. The frequency of messages will vary based on your engagement and the nature of your legal needs.

2. Potential Fees
Message and data rates may apply. These charges are determined by your mobile carrier and are your responsibility. Please contact your mobile carrier for details regarding your specific plan.

3. Opt-In and Opt-Out Methods

  • Opt-In: By providing your mobile number and explicitly agreeing to receive SMS messages, you consent to receive text messages from Jarbath Peña Law Group.

  • Opt-Out: To stop receiving messages, text STOP to [insert short code or number]. After opting out, you will receive a confirmation message, and no further messages will be sent unless you opt back in.

  • For help, text HELP to [insert short code or number] or contact us at [insert email/phone number].

4. Privacy Policy
We respect your privacy. Any personal information collected will be used in accordance with our Privacy Policy, detailing how we handle and protect your data.

By participating in our SMS campaigns, you agree to these terms and conditions. For any questions or concerns, please contact us at  info@jp-lawgroup.com

  • Facebook
  • Twitter
  • LinkedIn
  • Instagram

Copyright © 2021 - JP Law Group. All rights reserved. Created by The CCWC Network Corp.

bottom of page