FACEBOOK! Twitter! Instagram! Don’t forget to “tag” your friends and make sure everyone knows about your #adventureswithmylove.
Not many people stop and wonder who else might be looking at your posts and pictures? Among the 500 or so online friends you might have, the Department of Homeland Security, Department of State, and other government entities might also be looking at your posts on social media.
Marriage fraud. Consider John and Amanda, who are newlyweds. John, a noncitizen foreign national, just married Amanda, a United States citizen, and by virtue of this marriage John is looking to adjust his status to that of a lawful conditional permanent resident. During their adjustment interview, John and Amanda were asked about their lives together as husband and wife. The interview culminated in John being accused of entering into the marriage with Amanda for the purpose of getting his “green card.” This is because during the course of the interview, John and Amanda provided conflicting answers to the Immigration Officer’s questions, particularly dates and places – as confirmed by the spouses’ social media posts.
Under current immigration laws, no visa petition may be approved if the alien has previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General to have been entered into for the purpose of evading immigration laws.
In this scenario, John would be facing the serious consequences of a marriage fraud finding – if it is found that there was marriage fraud – because if he is found to have entered into a fraudulent marriage with Amanda, all subsequent visa petitions on his behalf must be denied.
Good moral character/criminal bars to DACA. Many applications for immigration benefits under the Immigration and Nationality Act, including reliefs from deportation, require “good moral character.” A finding of good moral character is a statutory and a discretionary matter.
Let’s use DACA as an example. A key element to qualify for deferred action under the Deferred Action for Childhood Arrivals (DACA) program is that an individual “must not have been convicted of a felony, a significant misdemeanor, or three or more non-significant misdemeanors, and not pose a threat to public safety or national security.” For example, a conviction for a felony, “significant misdemeanor,” or “multiple misdemeanors” will automatically bar eligibility for DACA unless the Applicant is able to show “exceptional circumstances.” Gang affiliation is one of the concerns for public safety in such an application.
Marco is a prime candidate for DACA. He’s a good student, volunteers at his community church, and is on his high school basketball team. He and his best friend, Kenny, were recently invited to hang out with the “cool kids” after school. It turns out, “hanging out with the ‘cook kids’” meant smoking weed under the bleachers of the local high school – #thuglife. As proof of their newfound coolness, Kenny posted a picture of his “crew” and without knowing it, flashed a known gang sign.
To be sure, no single application will be denied solely because of a posting on Facebook, Instagram, or Twitter. Nevertheless, once a person posts something online for the world to see, it does not just go away and it would do us well to understand that government entities and even prospective employers have been increasingly looking to social media postings by individuals as part of their background investigations. In particular, those who are looking to avail of immigration benefits under the federal laws of the United States should be extremely wary about their posts which might inadvertently adversely affect their case.
It is important to be well-informed and to know your options, but the wrong advice or information can hurt you. Consult a licensed and experienced immigration attorney to help you navigate through the evolving immigration laws.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
