Facebook and USCIS

FB Status: Had a meeting with my boss today! Wink, wink…(I have no boss! I am my own boss…lol)

This facebook posting came from a client who obtained an H1-B visa months before. Since there is a requirement for an H-B visa recipient to have an employer/sponsor in order to obtain work authorization in the United States, this would be a red flag for an Immigration Officer who just happened to be browsing the internet. Of course, we all know that people tend to exaggerate or brag about their successes, personal details and daily activities on their posts, but it is very important to post what is accurate and not what is misleading because if these activities are contrary to claims made in immigration filings, the potential problems could be very significant.

In a May 2008 internal memo entitled, “Social Networking Sites and Their Importance to FDNS”, the United States Citizen and Immigration Services (USCIS) discussed the use of social networking sites by Fraud Detection and National Security (FDNS) officers in investigating potential abuses of U.S. immigration programs. The memo encouraged FDNS officers to monitor these sites and look for information related to petitioners, applicants, beneficiaries and others suspected of fraudulent immigration activities. (See http://www.eff.org/deeplinks/2010/10/applying-citizenship-u-s-citizenship-and )

Obtaining immigration benefits through fraud is wrong and The Law Offices of Smith and Stephenson LLP appreciates and understands the need for the USCIS to protect the integrity of the United States Immigration System. Social networking medias like facebook are being closely monitored and to this end it is of utmost importance that information posted is accurate and not misleading. Of course, this awareness should not only be applied in the immigration context, it is equally as important in the employment and personal spheres.

Smith & Stephenson LLP resolves immigration concerns for individuals and businesses. We are a full-service Immigration Law Firm and represent clients in all areas of immigration law, including family based immigration and employment-based immigration. If you have immigration questions, we have answers. You can call our Law Offices 24/7 at (212) 400-7147. Our Immigration Law Firm is located in New York, New York. Our firm serves primarily clients from the Tri-state area, however, we offer telephone consultations and we can help clients all over the United States and throughout the world.