When I prep employees for their green card interview, I give them a list of do’s and don’ts: dress businesslike, speak clearly, and look the interviewer in the eye; don’t overshare or attempt to answer before you understand the question.

A new warning now tops my list: be prepared for questions about social media accounts. Green card applicants should assume that U.S. Citizenship and Immigration Services officers have searched their public profiles for any red flags before their interview. What types of red flags? On professional networking sites, do the employee’s title, employer, and job description reflect the job they are currently performing, as well as the job on which their green card application is based? Does their work address match the worksite on their application? Is the work experience displayed on their profile or online resume consistent with descriptions elsewhere, such as their employer’s website?

Applicants should take a critical look at how government officials may perceive images and language. Photos or posts featuring alcohol, drugs, or political opinions could raise suspicion. Applicants in states where marijuana is legal should be aware that it remains a controlled substance under federal law and its use can render them inadmissible even without an arrest or conviction. Applicants’ associations and affiliations could also trigger questions: are they pictured in a relationship with someone other than their named spouse? Do their online comments or participation suggest membership in an organization, such as the Communist Party, that can be grounds for inadmissibility? Have they posted anything indicating that their intentions are at odds with the terms of their visa, such as working without authorization while on a student or tourist visa?

What was once an ad-hoc vetting measure is evolving into a standard procedure for U.S. authorities. In 2016, the Obama administration began asking visitors from the 38 visa-exempt countries to voluntarily provide their social media usernames when registering or renewing their online travel authorization (ESTA). After President Trump’s travel ban and “extreme vetting” directives in 2017, the State Department introduced a lengthy visa questionnaire, including social media questions, but only for applicants deemed to warrant scrutiny. The questionnaire may soon be required for all applicants. Meanwhile, the section requiring applicants to disclose all social media platforms and usernames they have used in the past five years was recently added to the nonimmigrant visa application. While social media questions are not (yet) mandatory for green card applicants, questions about their online profiles and activity are fair game during the green card interview. Applicants should be prepared to answer their interviewer’s questions if a search of their online presence turns up anything suspect.

Some employees have waited years for their green card interview. The stakes are too high for applicants not to perform a careful review of every photo, video, and post associated with them and be prepared to answer questions about any inconsistent, erroneous, or inappropriate content. When I tell clients to dress neatly and conduct themselves in a professional manner during their interview, I remind them that their social media profiles should be just as professional and tidy.

The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.

 

Employees often wonder whether they absolutely must obtain the required sealed medical exam by a certified U.S. Citizenship and Immigration Services doctor prior to filing their adjustment-of-status application. While it is not absolutely required, we strongly recommend “yes” to getting it done before they file their application.

Many are aware that USCIS guidelines allow for the submission of the medical exam after the filing of the adjustment of status. So there is no compelling legal reason that it must be included – except to stave off an eventual request for one, either in a request for evidence (RFE) or at the green card interview. However, there are a number of very practical reasons for ensuring that the medical exam is completed prior to the adjustment-of-status filing.

A primary reason for doing so is to have more lead time to strategize. Certain medical issues can have immigration impacts. A variety of medical issues could potentially trigger USCIS to question, or outright deny, the green card application. One of them could be a previously undiagnosed disease; another could be a missing vaccination. Why be taken by surprise?

Fortunately, if issues are discovered prior to the submission of the adjustment-of-status application, it is possible to mitigate them by delaying the filing. Individuals who object to vaccinations on religious or moral grounds may apply for a waiver of the vaccination requirement for themselves or their children. Similarly, if tuberculosis is diagnosed, there is time to submit a waiver request and receive required treatment.

While the medical form needs to be provided in a sealed envelope, it is also critical to request a copy of the medical form to ensure that there are no surprises. Even for an individual in perfect health, a box left unchecked in haste by the physician could result in another medical examination needing to be done prior to case approval. Similarly, some physicians may not be using the currently accepted version of the form, which can also lead to USCIS rejection.

Applicants sometimes have insufficient time to obtain a medical examination prior to filing the application. Every month there are certain applications that need to be filed before the end of that month. The priority dates change on a monthly basis, and since the exam can only be done by a doctor approved by USCIS, and vaccination histories must be collected prior to the appointment, there may not be enough time to complete the exam process. If follow-up tests are needed, results could be delayed further. Accordingly, for truly urgent situations, when someone is quite sure they are fully caught up on all medical issues, it might be possible to file without a medical exam.

As noted above, BAL recommends that employees obtain the medical exam in time to file it with the adjustment-of-status application. However, for urgent situations BAL can review submitting without on a case-by-case basis.

The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.