Lawyer says to delete Facebook entirely...is that really necessary?

[huongkhin 9]

I don't know if this will apply to your case, but I was questioned at the border by CBP, and was denied entry to US 5 months ago.

CBP told me that they looked at my Facebook profile, my LinkedIn account, my Google account....and all that stuff...

there was nothing there, and that wasn't the reason I was denied, but they do use that nowadays...it is easy and convenient for them too...

anyway, do a simple Google search of your own name, and you'll get an idea of what might come up...remember that government officials probably have higher clearance, so they can dig even deeper...

I will go and sell that news to CNN right now if I was you.

[syntaxkid 0]

I think this post is excellent in that it highlights many issues. The first is that different people tend to take their own experiences ( which are helpful no doubt) and generalize those outcomes to other scenarios which may seem on the surface almost identical. There are a few issues with this. First, all laws, particularly those pertaining to immigration, are often complicated. Take a look at the CFR code pertaining to immigration. It is circuitous, sometimes leaving loopholes that are beneficial, and other times present plain old loops and black holes that can only be settled through the individual consulate or judge, using evidence, their personal experiences with similar cases in the past....and by their own judgment. A quick look at all immigration laws will consistently, and explicitly leave space and legal protection to these individuals when exercising their judgment to call the final shots in all cases. This leads me to another point, which is especially important to anyone trying to safely exit whatever gray zone they may find themselves in. If your case legitimately warrants legal services, you should realize that "doing it yourself" by looking at websites, message boards, or even CFR codes, is insufficient. If your lawyer is experienced with immigration laws (has seen how cases play out in reality, given varying circumstances, and is current on immigration case outcomes...and you trust him...and you've given him the opportunity to clarify his rationale...you should seriously consider understanding his advice and take his advice. Experience and knowledge with many, different cases, will always outweigh what one can learn independently by way of message boards, government websites, and reading laws that are in the public domain. Rather than taking a poll of people's experiences, I think you ought to focus on settling your ambivalence about trusting your attorney. He may be paranoid, or he may cautious and vigilant, based on his EXPERIENCE with cases over a period of time, over which laws, perceptions, and decision making may have changed or evolved. If I were playing devil's advocate, I will prove to you that The Department of Homeland Security has internal memos that are only available to the public after it leaks or is proven to be beneficial to the safety of the nation. I won't argue that these things ought or ought be open matters to the public. My personal belief is that to protect an entire nation, at least some portion of their activities cannot be immediately and widely open to the public. Here are some useful links when considering your lawyer's advice:

http://www.murthy.com/2010/10/21/foia-request-reveals-uscis-monitoring-social-networking-sites/

https://www.eff.org/deeplinks/2010/10/new-foia-documents-reveal-dhs-social-media

https://www.eff.org/deeplinks/2010/10/applying-citizenship-u-s-citizenship-and

https://www.eff.org/deeplinks/2010/04/facebooks-evil-interfaces

DHS exists to protect the nation, and they probably have internal agencies to monitor the ethics of privacy invasion, but ethics are gray and ultimately, the decision will be handled by a consulate, judge, or lawyer who can strictly or creatively interpret the law. My impression is that USCIS/DHS try wherever possible to be both an advocate for the individual and the nation, and almost no one, aside from a few sadistic jerks, enjoys being the bearer of bad news. Likewise, immigration lawyers tend to choose their speciality as a labour of love. Ultimately, those who become skilled are magicians, who can pull off stunts of unbelievable magnitude and are then able to command a high pay. Everyone must eat, I can't knock them for that.

My only advice to you is to resolve your feelings of mistrust in him. You can easily do this by sitting down with him and say, "you gave us advice to us that seems from my perspective, to be a little excessive...but I am not a lawyer, could you clear this up and explain your rationale, and possibly some other cases where facebook has proved detrimental?" Also, ask around about different lawyers reputation. Get a second opinion from a more reputable lawyer and weigh what he has to say. There is a lawyer here in philadelphia named ron klasko, whose website you can easily find. I am in no way affiliated with him personally or professionally, and I've never met him. But I know through other connections who I might have consulted if I wanted the best. If you look over his website, credentials, and ask around, I think you'll agree that he is of the caliber that you would want to seek given the outcome involves your loved one. Any high caliber immigration attorney will settle your concerns and possibly, your ambivalence regarding your attorney, in 1 or 2 meetings if you have the financial means to do it.

I am in the mental health profession. As a psychiatrist, I think the word "paranoid" is thrown around too loosely. I myself have training and it would take several visits to determine if someone is truly "paranoid." I would need to speak with family and friends, something you will not be able to do. Certainly, no on a message board can determine from afar if an immigration lawyer is paranoid or not. This is not to invalidate some of the above posters, they're experiences are valid...in their case, not necessarily yours! My only experience with lawyers is that my father was an attorney. I can tell you there instances where you'd want someone who is cautious, concerned, and vigilant based on real-life experience to help you. Just like the wonderful people on VJ, people want to help, but advice is limited to their first hand experience, second hand stories from others, but not an objective understanding from many cases where they had available, specific details of cases, and an understanding of current cases, internal memos, and other tools unavailable to you as a lay petitioner. My parting advice is not make decisions on the basis of others generalizations and perceptions of the process. Try to gain clarification of your lawyer's rationale, and seek a consult with a more esteemed immigration attorney to make the final decision about who you feel can be trusted if this is financially feasible. Good luck on your journey!