Social Media can be a significant element in many legal cases, including immigration matters. Social media postings on Facebook, Instagram and other platforms can provide proof of residency, marriage, and other vital data that can influence the final outcome of an immigration case. There are a number of cases in which information from social media may have a significant impact on the final decision by the authorities.
Investigations
Investigations by the Fraud Detection and National Security arm of the U.S. Immigration Services now includes scouring your social media accounts for information about you, where you have been, and what you are doing. The flip side is that your social media accounts may provide information that has a supports your case. The postings could document your actual presence in the U.S.A. if this was in question.
Proving Residency
Many platforms have locations attached to digital photos, which is compelling proof of your actual presence in the U.S.A. There is a 5-year residency requirement for those who plan to take advantage of DACA (Deferred Action for Childhood Arrivals), and those who have consistently posted on social media platforms could have sufficient evidence of residency to qualify. DACA is a complex legal situation on its own. Kraft & Associates state that there are certain other requirements in order to not get deported, such as arriving in the United States before your 16th birthday and having resided in the United States continuously since 2007.
The fact is that your social media engagement can help or harm you, not only in legal matters, but for your future ability to find a job. Headhunters and corporations have woken up to the fact that more can be discovered about a candidate by scrutinizing their social media pages. Where an employer may not be able to ask about health problems, a potential employee who has evidence of alcohol or drug abuse can be skipped over without violating federal privacy laws that protect medical information. Evidence of drug use can also be detrimental in an immigration legal matter. Everyone should be aware of the level of scrutiny that federal agencies can now engage in when an immigration legal matter such as eligibility for DACA, deportation hearings, immigration through marriage and other matters.
Honesty
Absolute honesty is necessary when seeking assistance in immigration, and any social media information should be reviewed by your lawyer prior to providing it to the authorities. Any social media postings can pose a danger if ICE gains access this information and uses the data as evidence in deportation proceedings.
Social media sites provide a great depth of information about a person's character, his or her location, and associations with others. Contacts with known felons can be a red flag for investigators. The information found in social media postings may be a powerful positive or a definite negative in an immigration case.