Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
In light of recent news regarding data breaches affecting Facebook users, data-mining apps are not the only entities monitoring social media use these days.
United StatesImmigration
To print this article, all you need is to be registered or login on Mondaq.com.
Keywords: Social Media, Homeland, Security,Immigration
In light of recent news regarding data breaches affectingFacebook users, data-mining apps are not the only entitiesmonitoring social media use these days.
Last fall, the Department of Homeland Security expanded itsdigital monitoring policy in the Federal Register to includeimmigrant "social media handles, aliases, associatedidentifiable information, and search results". While DHSdescribes the announcement as a policy clarification rather than apolicy change, the news escalates the debate concerning governmentuse of social media and the tension between privacy rights, freespeech, and public safety. Concurrently, DHS issued broader access to public-source data inconcert with the intelligence community. Whereas these 2017adoptions indicate recent change, DHS has instituted new practicesin the digital domain over the last two decades. For instance, theDepartment began to evaluate social media more closely in theaftermath of the 2015 San Bernardino mass shooting by two attackerswho had exchanged private online messages, and added optionalrequests for social media use under the Visa Waiver Program in late2016.
Below are a few examples of how US government digital access andmonitoring of social media might impact your immigration path as avisa holder, green card holder, or naturalized citizen:
Although the US Citizenship andImmigration Service (USCIS) has monitored public social media usesince 2012, the agency's 2017 announcementestablishes greater ability to weigh your public social media useas a factor in determining your immigration benefits. This does notpermit USCIS to search your social media account or internethistory, but the agency is now collecting and storing records ofyour social media use available in the public domain.
This week, US Immigration Customs andEnforcement (ICE) denied allegations that the agency is miningFacebook accounts to conduct administrative arrests. In a press response, ICE reiterated that the agency mayonly search publically available social media content, similar tosearches by other law enforcement agencies.
Under a 2009 directive, US Customs & Border Protection(CBP) Officers have the ability to search electronic devices atports of entry and within 100 miles of the border without awarrant. While these searches are rare, CBP can review contentsaved on devices, but cannot search cloud data under US Departmentof Justice guidance.
In October, the TransportationSecurity Administration (TSA) implemented new security measures that require airport travelers toplace devices larger than cell phones, and beyond the traditionallaptop, in separate bins for X-ray screening. TSAPre✓® travelers are excluded from theseheightened searches.
Last June, the US Department of Statedeveloped new questions for US visa applicants regardingsocial media use to heighten screening of travelers who might posenational security risks. The questions specifically requests visaapplicants to provide all social media platforms and handlesutilized over the last five years.
Visit us at mayerbrown.com
Mayer Brown is a global legal services providercomprising legal practices that are separate entities (the"Mayer Brown Practices"). The Mayer Brown Practices are:Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, bothlimited liability partnerships established in Illinois USA; MayerBrown International LLP, a limited liability partnershipincorporated in England and Wales (authorized and regulated by theSolicitors Regulation Authority and registered in England and Walesnumber OC 303359); Mayer Brown, a SELAS established in France;Mayer Brown JSM, a Hong Kong partnership and its associatedentities in Asia; and Tauil & Chequer Advogados, a Brazilianlaw partnership with which Mayer Brown is associated. "MayerBrown" and the Mayer Brown logo are the trademarks of theMayer Brown Practices in their respectivejurisdictions.
This Mayer Brown article provides information and comments on legalissues and developments of interest. The foregoing is not acomprehensive treatment of the subject matter covered and is notintended to provide legal advice. Readers should seek specificlegal advice before taking any action with respect to the mattersdiscussed herein.
Answer all questions fully, succinctly, and truthfully, but do not volunteer information unless asked. If you're unsure of the answer or do not understand a question, you should always say so rather than guess.
Being honest is always the best approach in your immigration interview. If you are asked a question you do not know the answer to, do not try to just make something up. It is a better answer to say “I am not sure” than to take a stab at what you think the correct answer is.
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
The USCIS officer will ask you up to 10 questions from the list of 100 civics test questions. You must answer 6 questions correctly to pass the civics test.
Arguably the hardest question on the U.S. citizenship test is number 67: The Federalist Papers supported the passage of the U.S. Constitution. Name one of the writers. This answer is unknown to even most American citizens because the Federalist Party ceased to exist back in 1824.
The U.S. currently has the easiest citizenship test compared to other Western countries — including Germany, Canada and the United Kingdom — according to Sara Goodman, a political science professor at the University of California, Irvine.
Immigration is the process of moving to a new country or region with the intention of staying and living there. People may choose to immigrate for a variety of reasons, such as employment opportunities, to escape a violent conflict, environmental factors, educational purposes, or to reunite with family.
If you do not pass the green card interview, USCIS may investigate your case further. Additionally, USCIS may provide you with the opportunity to submit additional evidence. They may otherwise issue a Notice of Intent to Deny your Green Card application.
All persons, baggage, and merchandise arriving in, or departing from, the United States are subject to inspection by U.S. Customs and Border Protection (CBP). This search authority includes all electronic devices crossing our nation's borders.
About 100,300 naturalization petitions were denied in FY 2023, a 10 percent drop from the 111,600 petitions denied in FY 2022. The number of denials in FY 2022 and FY 2023 were the highest since the late 2000s.
USCIS denies the naturalization application if the applicant fails to pass any portion of the tests after two attempts. In cases where an applicant requests a USCIS hearing on the denial, officers must administer any failed portion of the tests.
The diagram below shows that 95.7% of all applicants pass the naturalization test. In fiscal year 2022, over 88% passed it during the initial interview, and another 7% of all applicants passed during a re-exam.
Tip: If you have been to the US, tell the visa officer the reasons behind your previous trips, such as a vacation, to attend a training program, or for medical reasons. If you have not been to the US before, simply say that you have not yet had an opportunity to travel or study there.
You need to respond with a single response that thoroughly satisfies the request and supplies all evidence. If you fail to adequately respond, USCIS will likely deny your application. Address the issues as clearly as possible and provide your answers in one, single response.
Introduction: My name is Allyn Kozey, I am a outstanding, colorful, adventurous, encouraging, zealous, tender, helpful person who loves writing and wants to share my knowledge and understanding with you.
We notice you're using an ad blocker
Without advertising income, we can't keep making this site awesome for you.