USCIS Reviewing Social Media Accounts of Applicants# EB23 - 劳工卡
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USCIS Reviewing Social Media Accounts of Applicants
May 2, 2016
Representatives from the U.S. Citizenship and Immigration Services (USCIS)
recently revealed to members of the American Immigration Lawyers Association
(AILA) that USCIS adjudicators have been "… testing social media review in
adjudications." They further indicated that the agency is reviewing social
media as part of pilot programs in order to "… develop standard operating
procedures (SOPs), adjudications guidance, and other necessary process
governance."
USCIS Pilots Social Media Websites in Adjudicating Cases
The information was provided by the USCIS during a liaison meeting with AILA
. The AILA representative asked the USCIS whether adjudicators review "...
social media such as Facebook, LinkedIn, blog posts, and dating websites to
verify or investigate information provided by applicants in their
applications or at interviews." The USCIS confirmed that the agency has
tested the feasibility of using this information in the adjudication process
and indicated that there are plans to continue this practice, while taking
into account concerns regarding privacy.
Standard Procedures to Follow in Immigration Cases
The USCIS does not yet have SOPs developed regarding the use of social media
as part of case review. As mentioned, these pilot programs are being used
to develop such guidance for officers, presumably to balance security and
integrity issues with privacy concerns. In the meantime, however, the pilot
programs are operating under existing U.S. Department of Homeland Security (
DHS) directives regarding the use of social media accounts. As stated by the
USCIS, "These directives govern the scope and manner under which USCIS may
operationally use social media for immigration-related purposes."
Combatting Negative Information
The USCIS was asked how an applicant would be able to address negative or
inconsistent information posted on social media that was considered by the
adjudicator. Representatives confirmed that, under existing regulations,
applicants and petitioners must be provided notice of such derogatory
information and be given the opportunity to address that information.
Social Media Use in Past Investigations
This reveal by the USCIS is hardly surprising or unprecedented. As discussed
in the MurthyDotCom NewsBrief, USCIS Memo on Use of Social Networking
Websites (29.Oct.2010), the USCIS has long used social media when
investigating suspected fraud and related immigration violations. This is
different from the pilot programs discussed here, though, which review
social media in standard immigration applications and petitions.
Conclusion
It is important, in general, to be aware of one's social media presence and
the accuracy of such information. In recent years, it has become commonplace
to publicly share extensive personal information and pictures. Friends and
even the general public may be privy to all manner of information posted on
social media accounts. While most details are generally benign, stakeholders
should be aware that conflicting or otherwise detrimental information could
be viewed by the USCIS and used accordingly.
Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved
May 2, 2016
Representatives from the U.S. Citizenship and Immigration Services (USCIS)
recently revealed to members of the American Immigration Lawyers Association
(AILA) that USCIS adjudicators have been "… testing social media review in
adjudications." They further indicated that the agency is reviewing social
media as part of pilot programs in order to "… develop standard operating
procedures (SOPs), adjudications guidance, and other necessary process
governance."
USCIS Pilots Social Media Websites in Adjudicating Cases
The information was provided by the USCIS during a liaison meeting with AILA
. The AILA representative asked the USCIS whether adjudicators review "...
social media such as Facebook, LinkedIn, blog posts, and dating websites to
verify or investigate information provided by applicants in their
applications or at interviews." The USCIS confirmed that the agency has
tested the feasibility of using this information in the adjudication process
and indicated that there are plans to continue this practice, while taking
into account concerns regarding privacy.
Standard Procedures to Follow in Immigration Cases
The USCIS does not yet have SOPs developed regarding the use of social media
as part of case review. As mentioned, these pilot programs are being used
to develop such guidance for officers, presumably to balance security and
integrity issues with privacy concerns. In the meantime, however, the pilot
programs are operating under existing U.S. Department of Homeland Security (
DHS) directives regarding the use of social media accounts. As stated by the
USCIS, "These directives govern the scope and manner under which USCIS may
operationally use social media for immigration-related purposes."
Combatting Negative Information
The USCIS was asked how an applicant would be able to address negative or
inconsistent information posted on social media that was considered by the
adjudicator. Representatives confirmed that, under existing regulations,
applicants and petitioners must be provided notice of such derogatory
information and be given the opportunity to address that information.
Social Media Use in Past Investigations
This reveal by the USCIS is hardly surprising or unprecedented. As discussed
in the MurthyDotCom NewsBrief, USCIS Memo on Use of Social Networking
Websites (29.Oct.2010), the USCIS has long used social media when
investigating suspected fraud and related immigration violations. This is
different from the pilot programs discussed here, though, which review
social media in standard immigration applications and petitions.
Conclusion
It is important, in general, to be aware of one's social media presence and
the accuracy of such information. In recent years, it has become commonplace
to publicly share extensive personal information and pictures. Friends and
even the general public may be privy to all manner of information posted on
social media accounts. While most details are generally benign, stakeholders
should be aware that conflicting or otherwise detrimental information could
be viewed by the USCIS and used accordingly.
Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved