Think Before You Post—USCIS May Soon Be Watching Your Social Media

In a world where our lives are increasingly lived online, immigrants and visa applicants must be more mindful than ever of what they share on social media. A recent proposal from U.S. Citizenship and Immigration Services (USCIS), published in the Federal Register on March 5, 2025, signals a major shift in how the government may evaluate immigration applications. While this policy is not yet in effect, it’s important to understand the potential implications and why caution is crucial.

What’s Being Proposed?

Under a new information collection initiative required by Executive Order 14161—“Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”—USCIS is seeking public comment on a plan to collect social media identifiers from applicants. The goal? To enhance identity verification, vetting, and national security screening processes. This means that individuals applying for immigration benefits may be asked to provide their social media “handles” as part of their application.

The proposed policy would affect a wide range of applications, including those for permanent residency (Form I-485), naturalization (Form N-400), advance parole (Form I-131), asylum (Form I-589), and more. USCIS estimates that more than 3.5 million people could be impacted annually.

What Does This Mean for You?

While this change is still subject to a 60-day notice and comment period and has not yet taken effect, it’s a clear indication of the direction in which immigration enforcement is heading. Both USCIS and Customs and Border Protection (CBP) could eventually review your online presence during the application process or at the border.

Here are some practical takeaways:

• Be cautious about what you post: Sharing content related to immigration status, political views, work activities, or travel plans could raise questions about admissibility or eligibility. Even jokes or satire can be misinterpreted in this context.
• Avoid contradictions: For example, someone applying for a visa that doesn’t permit employment in the U.S. should not be seen promoting a business or advertising services online. Inconsistent messaging between your application and your public profiles could jeopardize your case.
• Review your privacy settings: Make sure you know who can view your posts, stories, and comments. While government agencies may still be able to access public data, minimizing unnecessary exposure is wise.
• Don’t discuss pending immigration matters: Talking openly about case strategies, legal loopholes, or frustrations with the system might seem harmless—but they can be taken out of context or seen as red flags.
• Keep documentation aligned: If your online presence reflects aspects of your personal or professional life, be prepared to explain or support it with official documentation if asked.

Why This Matters Now

Though the collection of social media information is not currently mandatory, the fact that the proposal has entered the public comment phase means it’s moving forward. If finalized, it could introduce a new layer of scrutiny to an already complex immigration process.

The Department of Homeland Security (DHS) has made it clear that this effort is part of a broader push to standardize and enhance vetting practices. For immigrants, this underscores the importance of maintaining a clean and accurate digital footprint.

What You Should Do

If you’re preparing for a visa application, green card interview, or naturalization process, now is a good time to audit your online profiles. Consult your attorney if you’re unsure whether certain content could be misinterpreted. Remember, what may seem like an innocent post to you could raise red flags to a reviewing officer unfamiliar with the context.

At Francis Law, we help clients navigate every aspect of the immigration process—including risk management in the digital age. If you have questions about how this proposed policy might affect you, or if you need guidance on preparing your case, don’t hesitate to reach out.

Stay informed. Stay smart. And think twice before you post.