USCIS Uses Social Networks to Detect Fraud

Social networks such as Facebook, MySpace and LinkedIn are great and very popluar tools for sharing information with friends, relatives and colleagues.  Their popularity is, partially, due to the fact that people are free to disclose personal information to their groups of friends, family or colleagues.

Many privacy advocates are urging a more careful use of such social networking sites because of the danger of identity theft and unintended consequences of “oversharing.”   One such unintended consequence may be that it seems to be USCIS’ official policy to check such social networking sites for information which may indicate fraud.  A recently obtained memorandum from USCIS suggests that its FDNS (Office of Fraud Detection and National Security) is encouraged to seek information about a target of their investigation on social networking sites.  FDNS may run searches on various social networks and obtain information on their subject which they deem “public.”

From the memo,

“Narcissistic tendencies in many people fuels a need to have a large group of “friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities.”

It should also be noted that often adjudicators of USCIS petitions resort to using “public records” to adjudicate or to seek relevant information to a petition.   It is not clear whether adjudicators are allowed or encouraged to seek information on social networking sites; however, if USCIS, in its FDNS memo deems social networking information as “public record,” then it is possible that such information may be also used by adjudicators (and not only by FDNS) when reviewing benefit petitions and applications.

By | Last Updated: May 20th, 2017| Categories: Articles, News, Policy|

About the Author: Dimo Michailov

Dimo Michailov
Dimo has over 15 years of experience in US immigration including employment-based immigration benefits, corporate compliance and family based immigration. He represents corporate and individual clients in a wide range of cross-border immigration matters including mobility of key foreign executives and managers, specialized knowledge workers, and foreign nationals with extraordinary ability.

The Capitol Immigration Law Group has been serving the business community for over 15 years and is one of the most widely respected immigration law firms focused solely on U.S. employment-based immigration.   Disclaimer:  we make all efforts to provide timely and accurate information; however, the information in this article may become outdated or may not be applicable to a specific set of facts.  It is not to be construed as legal advice.