Greenspoon Marder Immigration Alert: New Social Media Question on DS-160 and DS-260 Applications

Jun 5, 2019 Fort Lauderdale, FL

In a move that is part of the Trump Administration’s pledge to implement heightened screening and vetting of applications for visas, a new question in relation to social media and contact history now appears on the DS-160 and DS-260 forms which are used by visa applicants at U.S. consulates.

In 2017, the Department of State had published, in the Federal Register, about their plans to add additional questions for visa applicants related to social media platforms and requiring applicants to provide user names used by these applicants on these platforms during the five (5) years preceding the date of the visa application. The new form allows for applicants to add multiple accounts from multiple social media platforms including Instagram, Facebook, Linked In, Twitter, Reddit and YouTube. In addition, applicants will also be required to provide, along with their current email and phone number details, a list of email addresses and phone numbers used in the previous five (5) years. These additional questions are listed under the Address and Phone Information Page tab.

Initially, the Department of State had been using a supplemental questionnaire, Form DS-5535, requiring only some visa applicants who have been flagged for further review to provide their social media information. Now, ALL DS-160 and DS-260 applications will include the request for social media platform usernames and contact history.

Officers at the US Consulate may use the social media information during the visa adjudication process by reviewing professional and personal social media profiles of the applicant. Any information that appears to inconsistent with the purpose of a visa applicant’s trip or other information in the visa application, or past immigration applications could result in substantial delays, denial of their visa application and quite possibly, the denial of subsequent immigration applications. Any material misrepresentation could result in a fraud charge.

Given the potential implications of this new question, it is recommended that all visa applicants review all their professional and personal social media profiles carefully and ensure all information provided on DS-160 and DS-230 are accurate and up to date.

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 225 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has maintained a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

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This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Immigration Alert: New Social Media Question on DS-160 and DS-260 Applications

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