Visa applicants seeking to enter the United States must be prepared to answer for views and remarks expressed on social media. Speaking to Law360, Immigration Partner Avram Morell explained that the Trump administration's new questionnaire for applicants reflects a heightened emphasis on social media screening.
Much information thought to be protected by things like privacy settings is, in fact, accessible by government and law enforcement personnel, Morell said. These entities have special ways of obtaining content posted in public social media forums, and even certain information shared in private forums.
"Certainly, the U.S. government is looking at those types of [information]," Morell told Law360. "We always knew all along that they were looking at social media, but now they've basically stated it as plainly as possible by putting in the form that this is some place that they want to look, and in general, I think, it's a good idea for people to think about it."
Morell went on to say that while it is unclear how the government will use the social media information, as a general matter, he advises clients to remember that internet spaces are not private and not to post anything that they would not want read by others.
"I wouldn't go as far as to say that a person can't express a political opinion which is contrary to that of the Trump administration, but there are things that will raise the specter of law enforcement or others, and raise concern, even if they're said in jest," he said.
Although the new questionnaire is technically voluntary, Morell recommends that clients fill it out. By not doing so, an applicant may jeopardize their chances of obtaining a visa.
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