Immigration watching you on Facebook and Social Media...

Immigration watching you on Facebook and Social Media…

Feb 16, 2020 News

ImmigrationINFO
Immigration News For Our Community 

By Attorney Gail Seeram

When using social media on your phone, there is reason to worry that the U.S. government is watching you and even tracking your location. The Trump administration is now using Cell Phone Location Data for Immigration Enforcement since it bought access to commercial database that maps movements of millions of cellphones in America. I advise clients to turn off their Location setting.
In addition, when completing any visa application, the U.S. Department of State is now asking for social media information like Facebook. Likewise, U.S. Department of Homeland Security, U.S. Citizenship & Immigration Services also engage in social media screening.
The internet provides a platform where people can easily connect and through social media tools like Facebook, people tend to accumulate a large group of friends (some known and some unknown). In turn, social media has provided the Department of Homeland Security with a tool for them to “observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities”.
What types of fraud are we talking about? (1) marriages that are not based on love but rather a business arrangement to help the beneficiary get legal status in the U.S.; (2) immigrant that was deported and returned to the U.S. without permission or proper entry; and (3) investigations into misrepresentations made to an officer during questioning to gain an immigration benefit.
Fraud can be detected in various stages of the immigration process – submission of petitions, pre-interview, post-interview, admission at the U.S. port of entry, deferred inspection, and removal/deportation proceedings.
The following are common I-130 family based petition fraud indicators: (1) short time between entry and marriage: (2) unusual marriage history; (3) children born during marriage to other parent; (4) unusual number of children and large discrepancy in age; (5) unusual dates on submitted documents; (6) divorce/new marriage dates close; (7) large age discrepancy between spouses; (8) unusual cultural differences; (9) same employer of petitioner/beneficiary; and (10) unusual associations between family members.
Based on various fraud indicators, an officer may investigate petitioner and beneficiary on various social media sites to verify the relationship and/or statements made during the interview process. When affected by social media problems in screening when attempting to immigrate into the country, the individual may need the support of an immigration lawyer to overcome these hurdles.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper)

Attorney Gail Seeram, LL.M., J.D., BBA
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