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

[JCUSN 0]

My lawyer said that my wife and I should ENTIRELY delete Facebook. Not just deactivate our accounts or make them super-private, but entirely delete it. It seems our lawyer thinks the government will dig into our Facebook (even though they are deactivated and/or set to private), and use the information in our Facebook against us. We don't have anything incriminating in our Facebooks, however. Neither my wife, nor I, want to delete it entirely and lose all our connection to old friends. Do any of you really see this as necessary? We want to just make our profiles private, or deactivate our Facebook for a temporary period.

Thanks!

[Ivy. 113]

I think your lawyer is paranoid. I do not see how Facebook can be used against your case. Actually, many people use print screens of their Facebook interactions as proof of relationship.

I would ignore this particular advice and carefully think about any other ideas this lawyer might have in the future.

Good luck with your case.

[*Snowdrop* 604]

If you have nothing incriminating in your Facebook accounts then you have nothing to worry about whether the government just look at the information available publicly, hack into your account or ask you to give them passwords to look into it.

Ask your lawyer if this advice is specific to you. Perhaps he's seen something in your Facebook accounts or past history he thinks will be a problem. Perhaps he's just being super cautious.

I certainly had no issues with my social media accounts when I went through the London embassy but all depends what you have published in the past.

[*Snowdrop* 604]

Ah - just noticed you are adjusting from the VWP/tourist visa.

This might explain the lawyer's concerns - at any point on Facebook for either of you did you mention intending to stay BEFORE the non-USC arrived in the US. Did any friends or family send messages talking about it etc.

The lawyer might be worried that there is something which shows intent to immigrate before arrival. Only you can know for sure whether there might be something - deactivating might be a good compromise.

[huongkhin 9]

Sounds like you need a "better" lawyer.

[natalieblake 0]

My husband came in on a Tourist Visa from UK, we got married, and neither of us deleted our Facebook accounts, made them private, or anything! I didn't even change my name or relationship status for so long because of the move. I think your lawyer is being paranoid Just my thoughts

[Darnell 8,478]

if you are adjusting status from a VWP visit,

and have stuff in yer facebook account prior to the last jump to the states, talking about a planned wedding,

then yes, you have an evidence trail that might (emphasis on might) prove up yer intent.

having intent and the USCIS being able to prove up intent prior to the last jump date, IMO, can be the kiss of death on this particular type of AOS.

[NigeriaorBust 4,087]

Usually if you are from first world countries you don't have to care about your facebook stuff unless you have been plotting something totally illegal. If you are from a high fraud consulate facebook has led to denials, but so has privite emails.

[ValerieA 350]

Intent alone is not a reason to deny, there would have to be other serious negative factors. I think your lawyer is being overly cautious. I certainly never worried about mine or my husband's accounts.

[VanessaTony 3,567]

Intent alone is not a reason to deny, there would have to be other serious negative factors. I think your lawyer is being overly cautious. I certainly never worried about mine or my husband's accounts.

Incorrect. ASSUMPTION of intent isn't enough to deny. KNOWLEDGE of intent results in definite denial (and in VWP cases, no appeal)

[DandT14 272]

My lawyer said that my wife and I should ENTIRELY delete Facebook. Not just deactivate our accounts or make them super-private, but entirely delete it. It seems our lawyer thinks the government will dig into our Facebook (even though they are deactivated and/or set to private), and use the information in our Facebook against us. We don't have anything incriminating in our Facebooks, however. Neither my wife, nor I, want to delete it entirely and lose all our connection to old friends. Do any of you really see this as necessary? We want to just make our profiles private, or deactivate our Facebook for a temporary period.

Thanks!

I think there's something you're not telling us. Unless your lawyer is a little nuts.

What's on there that he doesn't want USCIS to see?

[CC90 90]

Incorrect. ASSUMPTION of intent isn't enough to deny. KNOWLEDGE of intent results in definite denial (and in VWP cases, no appeal)

Not quite. Have you read the Matter of Cavazos?

(3) Where a finding of preconceived intent was the only negative factor cited by the immigration judge in denying the respondent's application for adjustment of status as the beneficiary of an approved immediate relative visa petition and no additional adverse matters are apparent in the record, and where significant equities are presented...a grant of adjustment of status is warranted as a matter of discretion.

[epsonderby 85]

Slightly paranoid lawyer, no? I wouldn't worry about it, especially if you have nothing to hide.

[VanessaTony 3,567]

Not quite. Have you read the Matter of Cavazos?

Yes. A "finding" is assumption. Not knowledge. Did you read the entire case?

From your link:

We note with approval present Immigration and Naturalization Service policy, as reflected in Service Operations Instruction 245.3(b), regarding the discretionary grant or denial of an adjustment application. Operations Instruction 245.3(b) provides that notwithstanding evidence establishing an intent on the part of a nonimmigrant to circumvent the normal visa process, i.e., a preconceived intent to remain permanently at the time of entry as a nonimmigrant, an adjustment application should not be denied in t he exercise of discretion where substantial equities are present in the case.

As I said, knowledge or proof of intent results in denial, without question. But assumption alone is not enough to deny.

Again assumption, such as in the matter of Cavazos, is not enough to deny. knowledge is. If they said to the officer "I came here on a visitor visa to marry and adjust my status", a denial will occur due to immigration fraud. It's no longer "assumption", it's knowledge, which means denial, for sure.

[VanessaTony 3,567]

My lawyer said that my wife and I should ENTIRELY delete Facebook. Not just deactivate our accounts or make them super-private, but entirely delete it. It seems our lawyer thinks the government will dig into our Facebook (even though they are deactivated and/or set to private), and use the information in our Facebook against us. We don't have anything incriminating in our Facebooks, however. Neither my wife, nor I, want to delete it entirely and lose all our connection to old friends. Do any of you really see this as necessary? We want to just make our profiles private, or deactivate our Facebook for a temporary period.

They can, and have, used FB to investigate a persons relationship (and used it when denying).

If you have nothing to worry about, then don't delete or anything. If you're worried you may have some post somewhere, at some time, where you discusssed coming here and circumventing immigration laws by entering with intent, then delete...