If you’re planning to apply for a green card or U.S. citizenship, reviewing your social media privacy settings is a good idea. The U.S. Department of Homeland Security (DHS) is set to implement a new policy requiring applicants to provide their social media usernames on several immigration and visitor forms. This will include applications for green cards and naturalization.
While DHS states that this information will help verify identities and screen for security threats, some immigration advocates worry that the policy could violate privacy and create further delays in an already overloaded immigration system.
What is the New DHS Social Media Policy?
Under the new DHS policy, individuals applying for a green card or U.S. citizenship, as well as certain foreign visitors, must list all social media accounts and usernames they have used over the last five years. Platforms such as Facebook, Instagram, Twitter, and LinkedIn are among those included.
DHS has clarified that it will not ask for applicants’ passwords. Instead, the department will only examine publicly available information to assess whether an applicant may pose any national security or law enforcement risks.
These questions Include:
- Form I-485 (Application for Adjustment of Status)
- Form N-400 (Application for Naturalization)
- Seven additional forms used by U.S. Citizenship and Immigration Services (USCIS)
How Will This Affect You?
For individuals seeking a green card through a marriage-based application, this new policy could impact your case. For example, if you’re a couple trying to prove the authenticity of your relationship, an immigration officer might look at your social media posts to verify that the marriage is genuine. If you’re a spouse hoping to remove the conditions on your temporary green card, your social media presence might also be checked to support your application.
Has the Government Collected Social Media Data Before?
Yes, this is not a completely new practice. The DHS has been collecting social media information about immigrants since 2017. Back then, the agency issued a notice stating that it would start gathering and storing social media details for all immigrants, including permanent residents and naturalized U.S. citizens.
Concerns Over Privacy and Delays
Immigration experts are voicing significant concerns about the impact of this new social media policy. Critics argue that it could lead to:
- Privacy violations: Many believe this policy undermines the privacy rights of immigrants and U.S. citizens by requiring the government to monitor social media accounts.
- Increased delays: Some experts warn that this policy will add even more processing delays to an already backlogged immigration system.
How Can You Protect Your Privacy on Social Media?
While DHS has stated it will only review publicly available information, it will not be able to access accounts set to private. Here are some tips to help protect your privacy while using social media:
- Check your privacy settings: set your social media account to private so that only people you choose can see your posts. This limits the amount of personal information available to the public.
- Be cautious with friend requests: Avoid accepting requests from people you don’t know. This can help prevent unwanted scrutiny of your online activity.
- Understand how platforms work: Different social media platforms work in various ways. For example, on Facebook, if you tag a friend in a post or photo, their entire friend network may be able to see that content, even if it’s not visible to the public.
- Review what you share: Before posting on social media, consider how it might be perceived or used in your immigration process.
When Will the New Policy Take Effect?
The public comment period for the new policy ended on November 4, 2019. Unless the policy is challenged in court, it is expected to be implemented soon. However, delays could occur depending on the outcome of any legal actions.
Suppose you’re planning to apply for a green card or citizenship. In that case, it’s a good idea to submit your application sooner rather than later to avoid any potential delays or extra scrutiny related to the new rule.
The introduction of the DHS social media policy is a significant change for those applying for immigration benefits in the U.S. While DHS claims that the goal is to improve security and verify identities, the policy raises important concerns about privacy, freedom of speech, and the potential for even more delays in an already slow immigration system.
How will the DHS verify the information provided on social media accounts
The Department of Homeland Security (DHS) has established a protocol for verifying the social media information provided by applicants for green cards and U.S. citizenship. Here are the main aspects of how DHS intends to carry out this verification:
Verification Process
- Publicly Available Information: DHS will only review information that is publicly accessible on social media platforms. This means they will not have access to private accounts or posts that are restricted to certain users.
- Usernames Collection: Applicants must provide their social media usernames from the past five years on immigration forms, including Form I-485 and Form N-400. This information helps verify identities and assess potential national security risks.
- Investigative Research: To ensure the honesty and completeness of the information provided, DHS may conduct its own investigations. This could involve searching for public posts, images, and interactions associated with the listed usernames.
Data Storage and Duration
- Retention Period: The collected social media information can be stored by DHS for up to 12 years, with active monitoring for three years after the initial collection.
Concerns and Implications
- Privacy Issues: There are significant concerns regarding privacy violations and the potential for misuse of collected data. Critics argue that this could lead to unwarranted scrutiny of individuals’ online activities, affecting their immigration applications.
- Impact on Applications: Immigration officers may use social media content to verify claims made in applications, particularly in cases like marriage-based green cards, where authenticity is crucial
How might this new policy affect marriage-based green card applications
The recent policy changes regarding marriage-based green card applications, announced by the Biden administration in June 2024, aim to simplify the process for noncitizens married to U.S. citizens. Here’s how these changes might affect applicants:
Simplification of the Application Process:
The new initiative, called the Process to Promote the Unity and Stability of Families, actively streamlines the green card application process for noncitizens who have lived in the U.S. and are married to U.S. citizens. This could potentially benefit around 500,000 noncitizens and their children.
Eligibility Criteria:
To qualify under this new process, applicants must meet specific criteria:
- They must have been legally married to a U.S. citizen on or before June 17, 2024.
- They should have entered the U.S. without inspection and have been physically present in the U.S. for at least ten continuous years as of June 17, 2024.
- They must not have a criminal history that would prevent status adjustment and should not pose any threat to public safety or national security.
Potential Impacts on Applications
Conditional Green Cards:
Those who receive a conditional green card (valid for two years if married less than two years at the time of application), will still need to file Form I-751 to remove conditions before obtaining a permanent green card. This process remains unchanged but will continue to require proof of a bona fide marriage.
Increased Accessibility:
The policy is expected to help many noncitizens who previously faced barriers due to their immigration status (such as those who entered without inspection) obtain green cards. This change could significantly reduce wait times and procedural complexities associated with traditional green card applications.
Streamlined Employment Authorization:
Alongside green card applications, there are plans to streamline employment authorization processes for certain groups, including those under DACA, which may further support noncitizen spouses in their integration into society.
Implementation Challenges:
Despite the positive intentions behind this policy, there are concerns regarding its implementation. The Department of Homeland Security (DHS) faces procedural challenges that could affect the efficiency of processing these applications. If not managed well, this could lead to delays or complications for applicants.
As the policy continues to roll out, applicants should remain aware of how it may affect their applications and take steps to protect their online privacy, including adjusting privacy settings and being mindful of what they share on social media.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for a Green Card or an H-1B, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
