The new policy, called "extreme vetting," mandates that immigration officials check social media accounts of visa applicants. This is part of the Trump Administration's "extreme vetting" initiative, which was launched in March 2017. While the new rules only apply to visa applications from countries designated as national security threats, they have been used since the beginning of the process. The new policy applies to any arriving foreign national, regardless of the country of origin.
The recent mass shooting in San Bernardino, California, is an example of how immigration officials may be using social media. The shooter, a U.S. citizen, was accompanied by his foreign-born wife. During the immigration screening process, immigration officials said they discovered comments on her Facebook page showing support for violent jihad. The comments were in private messages and not revealed through a standard social media check. However, immigration officers have been monitoring social media accounts for years to identify potential immigration fraud.
The program grew significantly during the Trump administration, and USCIS claims that the social media information is used only when someone is applying for immigration benefits. But the September 2017 notice made it clear that social media information can be used for purposes other than immigration applications. Moreover, the categories of people covered by this policy are wide. These categories include temporary visa holders, immigrants, naturalized U.S. citizens, and legal permanent residents.
Although USCIS agents do not necessarily check your social media accounts, they are likely to examine your posts, including Facebook, Twitter, and Instagram. This information could be used to prove your eligibility for immigration or uncover signs of fraudulent activity. It may even result in denial of your green card or visa application. However, some immigration attorneys recommend that you refrain from using social media during the filing process. Although USCIS doesn't strictly monitor social media accounts during the immigration filing process, it may still conduct interviews in order to determine whether you meet their qualifications.
While this approach may seem like a good idea, critics say it is unnecessary. The Brennan Center, a nonprofit organization, and 39 civil-society organizations have filed a joint letter with the DHS to express their concerns about this policy and request the DHS to withdraw the proposal and release the necessary materials. Whether or not this approach is necessary will ultimately depend on the decision made by the DHS.
Social media surveillance is an ongoing concern, and one of the most common concerns is whether it is effective. Previously, immigration officials have relied on public-access information to track applicants. Now, though, that's changed. It's likely to be around for a long time. However, the question remains, will social media surveillance actually harm the application? The answer may depend on the immigration policy and the circumstances.
The first step is to ensure that the USCIS is able to verify the legitimacy of the marriage. If the marriage is bogus, USCIS officers may be inclined to check the social media accounts of both parties. A lawyer recently recalled a client who had a romantic vacation photo on his Facebook account. A USCIS officer confronted the couple. Luckily, this incident was not too serious.
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