Published: August 18, 2025
Are you applying for a temporary non-immigrant visa or permanent residence? All US visa applicants, including foreign visitors and some lawful permanent residents, must be admissible to the country. Even with a complete and well-crafted application, you cannot secure a visa if you fail the legal requirement of admissibility to the US.
Immigration officials determine whether you’re inadmissible to enter or stay in the US in different contexts. For instance, when applying to enter the US, expect the Customs and Border Protection (CBP) to inspect you. An immigrant or nonimmigrant will only be allowed entry to the US if they can prove that they are admissible.
Similarly, the Citizenship and Immigration Services (USCIS) determines inadmissibility when adjudicating adjustment of status applications and evaluating eligibility for relief or waivers. That’s to ensure that every individual applying for admission doesn’t pose a threat to the country’s security and interests.
Providing social media information on your immigration applications is part of the government’s initiative to boost screening measures. With the expanded screening and vetting procedures, understand how your social media activity can affect legal admissibility in the US.
Updated Guidance for Social Media Disclosure
Section 2 of Executive Order 14161, signed on January 20, 2025, mandates USCIS and other federal agencies to establish coordinated vetting standards. Likewise, they’re required to collect all necessary data to assess whether an applicant for any immigration-related benefits poses any security risks or is inadmissible under existing grounds.
In compliance, a Federal Register notice from the Department of Homeland Security (DHS) was published on March 3, 2025, identifying the need for USCIS to collect the social media identifiers of applicants along with the associated platforms they use. The data are intended to assist the agency in verifying an applicant’s identity and screening them for national security and public safety concerns.
The social media disclosure has been a standard part of the screening procedures since 2019. However, the new policies in 2025 impose a more comprehensive review and stricter access requirements. In particular, USCIS is implementing a more structured and expanded social media data collection that applies to the nine forms of the following applications:
- Travel Document
- Naturalization
- Adjustment of Status
- Advance Permission to Enter as Nonimmigrant
- Classification as a Refugee
- Refugee/Asylee Relative Petition
- Asylum and for Withholding of Removal
- Remove Conditions on Residence
- Investor to Remove Conditions on Permanent Resident Status
Impact of Your Social Media Activity on Legal Admissibility
USCIS considers the authenticity of relationships and claims specified in your applications. They monitor your social media activity to verify those facts, evaluate security risks, and detect any indicators of fraud.
The agency can use your publicly visible social media posts and examine them for grounds of inadmissibility. Under the Immigration and Nationality Act (INA), individuals can be inadmissible to enter or stay in the US for the following reasons:
- National security
- Criminal activity
- Health
- Public charge
- Lack of labor certification (if necessary)
- Prior removals
- Unlawful presence
- Fraud and misrepresentation
Suppose USCIS identifies relevant information in your social media activity. They may bring it up to you during interviews, specify it in requests for additional evidence, or place it in your official record.
The agency will issue a Notice of Intent to Deny (NOID) if the discrepancy in your application is significant enough to question your eligibility for the green card or immigration benefit. It’s also worth noting that deliberately failing to disclose
Align Social Media Activity With Your Immigration Application
The information you share on social media activity plays a significant role in how immigration authorities assess your green card application. As USCIS expands its screening to social media profiles and digital presence, it’s more crucial than ever to be careful and strategic about what you post online.
Working with a Los Angeles immigration lawyer helps minimize risks to your admissibility in the US and your overall immigration application. With decades of experience, ALG Lawyers provides personalized assistance to ensure your best chance of success. Reach out to our credible legal team to discuss your specific immigration needs.
FAQs on Can Your Social Media Activity Affect Legal Admissibility in the US
Are there laws that legally protect your social media privacy?
There’s limited protection for your social media privacy in terms of immigration screening. USCIS places a higher priority on national security and ensuring the visa applicant’s admissibility over online privacy rights. Immigration officials can review social media posts that were once publicly accessible, including those you later made private or deleted.
Is USCIS allowed to access your private messages or content?
USCIS’s social media review is limited to information you made publicly available. Unless a warrant or court order requires otherwise, they cannot access your private messages or content. However, the following are some critical distinctions to note:
- Information shared in “private” groups on social media may still be accessible to USCIS if a group member shares it or if the group’s privacy settings change.
- Recipients of your direct messages and private content can share them with immigration officials.
- Since privacy policies and security settings frequently change, they can affect the visibility of information you share on social media.
How far back can USCIS check your social media history?
There’s no specified limit on how far back USCIS reviews your activity on social media. While they may do so from any point in the past, their review generally zeroes in on your social media history for the past five years. The timeline aligns with other background checks typically conducted in the immigration process.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)