Will USCIS look at my online social networking postings?

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Question:

I’m applying for a green card based on marriage to a U.S. citizen, but I lead a sort of unconventional lifestyle, and haven’t been shy about talking about it on Facebook and other social networking sites. Should I worry that the immigration people will look at this when judging whether my marriage is fraudulent or not?

Answer:

In short, yes. Although it’s difficult to find out exactly how extensive the powers of the Department of Homeland Security are in this situation, many comments made by immigration officials, for example to immigration lawyers at conferences and meetings, suggest that your privacy settings don’t matter – they can look at whatever you’ve posted on social networks.

And they’ve been known to go poking through people’s social network pages, though it’s certainly not automatic or done in all cases. For example, DHS officials report that they’ve found instances in which the applicant for a marriage-based green card (lawful permanent residence) state on Facebook that their marital status is “single” – a fact that definitely weighs against the applicant.

The other ways in which an applicant could raise doubts or concerns in the mind of immigration officials are endless – posting lots of photos of fun times with friends but not with one’s U.S. citizen spouse, bragging about having engaged in criminal activity (don’t laugh, criminals have been arrested based on such disclosures), mentioning illegal use of drugs, failing to say a thing about one’s wedding despite having posted about every other major and minor incident in one’s life for the past year, and so on.

You haven’t given details on what you’ve revealed through your Facebook page, but at least make sure your status says "married!

See the "Marriage-Based Visas and Green Cards" section of Nolo's website for more information on your eligibility and the application process.

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