The Immigration Pearls of Facebook (and Texting)

These days most people find out about their friends’ engagements through Facebook. It is posted on the wall and followed by many likes and posts of congratulations. No big deal, right? But what if you are a foreign national studying in the United States? Or working temporarily in the United States? Or coming for a short visit to celebrate your engagement?

That innocuous engagement notice may not be so innocuous to an immigration official.  Instead immigration officials may believe that the foreign national intends to stay in the United States permanently and have ”immigrant intent.”  If a foreign national is believed to have immigrant intent it is likely that he or she will be denied entrance into the United States.

It is important not to lie to the immigration agency. However is important to realize that the immigration agency can (and will) Google applicants, check their Facebook page, and ask to review an applicant’s cell phone messages (both voice and text messages). Additionally, immigration officials may infer the worst-case scenario for text or voice messages. For example, a recent applicant into the United States had a text message wishing him “good luck” on his cell phone. An immigration official somehow inferred from that text message that the applicant was seeking to find a job in the United States. The applicant was denied permission into United States.  Want another example?  How about the foreign national visiting her new American boyfriend – after reviewing their text message exchanges, the immigration official concluded that the romance was certain to result in marriage and that the girlfriend should not be allowed to enter the United States.

Hopefully these examples are extremes.  However, if you plan to visit the United States, change status within the United States, or apply for a visa to the United States, do yourself a favor and Google yourself, know what your Facebook page says, and know what is on your cell phone messages and in your computer.  If there is something that is potentially adverse to you – you will know about it, and will be able to confront an immigration official’s fears head on.

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