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

By JCUSN in Adjustment of Status from Work, Student, & Tourist Visas

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ValerieA Experienced

ValerieA   350

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
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CC90 beat me to it. There is also this link from the field operator's manual:

Matter of Battista , 19 I. & N. Dec. 484 (BIA 1987) . An immigration judge was found to have erred in denying adjustment as a matter of discretion solely due to a preconceived intent to remain permanently at time of entry as a nonimmigrant when there were also positive factors to be considered.

Link to above

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

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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-

Ivy.
Ivy.

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 igno

USA-ALG
USA-ALG

Well... I've deleted my FB and have been "deactivated" for more than 1 year now. I couldn't be happier! I had that addictive need to attend to FB'ing. Then it hit me, why is the owner a BILLIONAI

AYMAN_RINA Proficient

AYMAN_RINA   92

Posted
Filed: IR-1/CR-1 Visa Country: Egypt
 Timeline
Posted

:wacko: I think if you have nothing to hide why delete it? It makes no sense to delete something that is for family and friends to stay in touch... show pictures ,talk about events ect...

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Moomin Proficient

Moomin   292

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Filed: AOS (apr) Country: Denmark
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Not quite. Have you read the Matter of Cavazos?

Yes, and I would still say it's a different matter AS LONG AS the couple didn't do the same and get married same day as arriving in the US (while talking about it on facebook). You're basically forced to submit your evidence of entering and marrying all on the same day. Which is a wee bit different than being asked to delete facebook accounts. Unless you planned on moving to the US before you even arrived, or you had played around with the thought of it too much.

To see it from a different perspective, I'd assume you had something to hide if you both decided to delete your accounts on facebook at the same time. Why did the subject even come up with the attourney? If you literally wrote "i'm taking a shortcut through US immigration" or something similar, I'm pretty sure you'll be flat out denied if being discovered.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

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VanessaTony Grand Master

VanessaTony   3,567

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Filed: Citizen (apr) Country: Australia
 Timeline
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CC90 beat me to it. There is also this link from the field operator's manual:

Link to above

No you're wrong. You should read the entire case, or at least the start which states you are wrong. Read the Matter of Batista here: http://www.uscis.gov/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html#0-0-0-304

The important part is here:

(1) The immigration judge erred in denying the respondent's application for adjustment of status on the ground that he had a preconceived intent to remain in the United States at the time of his entry as a nonimmigrant where the respondent was eligible for an immigrant visa and his uncontroverted testimony was that he had only intended to visit his family in this country for a short period at the time of his arrival.

"Uncontroverted" means "Of which the truth or validity is not disputed." I.e. there was no knowledge of intent, it was assumed.

Again, assumption alone is not enough to deny. KNOWLEDGE is.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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codygrace Explorer

codygrace   14

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Filed: K-1 Visa Country: Canada
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I wish that I could have just submitted my Facebook password for USCIS long ago! Everything they need to know is on there somewhere :lol:

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KazuriSana Community Regular

KazuriSana   324

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Filed: Citizen (apr) Country: Kenya
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If you told THAT lawyer that you belong to this forum, he/she will definitely tell you to light a shack out of here faster than Usain Bolt.

Tell you what, a lawyer like that is an alarmist, insecure, controlling, and outright afraid that you might learn better from your facebook friends or from this forum, and might not need his/her services.

High-tail it from such a one, friend, and save your money. Self-help is often better than help from such kangaroo lawyers - and that's not even fair to the kangaroos.

AOS, ROC, N-400, & PASSPORT, FOR HUSBAND TO USC

[02/23, 2012]  - DAY 001  (day 0001) (AOS) Mailed package to Chicago Lockbox via USPS overnight
[06/01, 2012]  - DAY 099  (day 0099) 2-year Conditional GC in hand
[05/05, 2014]  - DAY 001  (day 0802) (ROC) Mailed package to Vermont Service Center via USPS overnight

[05/14, 2014]  - DAY 009  (day 0811) Received NOA1 (GC Extended for 1 year)

[01/14, 2016]  - DAY 620  (day 1421) 10-year GC in hand

[02/22, 2017]  - DAY 001  (day 1826) (N-400) Mailed package to Lewisville, TX, via USPS overnight

[01/10, 2018]  - DAY 323  (day 2149) (N-400) Naturalization Oath Ceremony (5 years, 10 months, 19 days)

[01/10, 2018]  - DAY 001  (day 2149) (US Passport) Applied for US Passport, regular processing

01/25, 2018]  - DAY 015  (day 2164) (US Passport) Passport in hand (5 years, 11 months, 3 days from start of Journey.)

 

AOS, N-400, & PASSPORT FOR DAUGHTER [OF HUSBAND TO USC]

[06/14, 2013] - DAY 001 Mailed package to Chicago Lockbox via USPS overnight
[11/21, 2013] - Day 153 SSN and 10-year GC in hand

09/01, 2021]  - (day 3001) (US Passport) Passport in hand (8 years, 2 months, 18 days from start of Journey.)

_____________________________________________________________________________________________________________________

 

Except the Lord build the house, they labour in vain that build it: except the Lord keep the city, the watchman waketh but in vain. Psalm 127:1

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DandT14 Rising Star

DandT14   272

Posted
Filed: AOS (apr) Country: Canada
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Posted

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...

I don't think deleting it would do much more than making it private. The information doesn't disappear,even when deleted, it's there somewhere. If USCIS wanted it, they'd get it.

Funny though, my first thought wasn't that the "incriminating" thing on there was about immigrant intent. My first thought was "uh, oh, who's cheating?" Guess we know where my mind is... :blush:

AOS

5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm

5/21/2012 - Email/text notifications received at 4:50 p.m.

5/26/2012 - NOA hard copies received for I-130, I-485 and I-765

6/19/2012 - Biometrics completed.

7/02/2012 - Text/email/hard copy notification of interview.

7/30/2012 - EAD card production ordered.

8/02/2012 - Interview @ 2:00

8/02/2012 - Email notification of GC production at 5:30pm

8/07/2012 - Second GC production email

8/07/2012 - EAD received.

8/08/2012 - GC mailed.

8/09/2012 - Welcome letter and I-130 approval letter received.

8/10/2012 - Green card received. :)

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hamigirl710 Proficient

hamigirl710   112

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Filed: IR-1/CR-1 Visa Country: Morocco
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Posted

I don't think deleting it would do much more than making it private. The information doesn't disappear,even when deleted, it's there somewhere. If USCIS wanted it, they'd get it.

Funny though, my first thought wasn't that the "incriminating" thing on there was about immigrant intent. My first thought was "uh, oh, who's cheating?" Guess we know where my mind is... :blush:

I agree! Even if it is deleted if they wanted it they could find it.


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Marriage: 7/12/10
Filed I-130: 9/10/12
NOA1: 9/17/12
Transferred to NBC: 9/19/12
Sent to local office for adjudication: 9/21/12
RFE for Beneficiary BC received 12/13/12
Mail BC in response to RFE 12/17/12
NOA2: 12/20/12
NVC case number assigned: 1/29/13
Sent DS-3032 email: 1/31/13
Received DS-3032 / I-864 Bill: 2/1/13
Pay I-864 Bill: 2/5/13
NVC Accepted DS-3032: 2/12/13
Received IV Bill: 2/13/13
Send Completed I-864: 2/16/13
NVC Received I-864 Package: 2/19/13
AOS Package accepted: 2/26/13
Pay IV Bill: 2/28/13
IV Packet Sent: 3/2/13
NVC Received IV Packet: 3/4/13
Case Completed at NVC: 3/13/13
Interview date: 4/30/13
APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

POE: pending

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Jahwaree Proficient

Jahwaree   83

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Filed: Country: Jamaica
 Timeline
Posted

Maybe he's paranoid, is he ok in the head? If he is maybe he knows something that he sees when he goes to your FB that is not looking good, a shout out from others that read intent to come and stay ?, or something you just might not remember... I'd go over the account.

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stronger Proficient

stronger   43

Posted
Filed: Timeline
Posted

The lawyer is not paranoid. I've known more than a few folks who've gone to interview with their Facebook pages pulled up on the screen. One was even asked to login at AOS interview in the same situation. Married while visiting. I might follow his advice if there is a question at all. Its not forever. And its only Facebook.

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Jennifer&Bolu Newbie

Jennifer&Bolu   0

Posted
Filed: F-1 Visa Country: Nigeria
 Timeline
Posted

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!

your lawyer is either paranoid or you are not revealing the whole facts that lead to your attorney to suggest that. If you have nothing to hide then deactivation is more that good enough.

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LH&me Explorer

LH&me   2

Posted
Filed: K-1 Visa Timeline
Posted

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 doubt your lawyer would tell you to delete your FB account without a reason. There is probably something fishy regarding your situation that made him to give such advice. Otherwise, it makes no sense...

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Justine+David Proficient

Justine+David   218

Posted
Filed: Citizen (pnd) Country: United Kingdom
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Posted

You need to answer a few questions: Which visa are you going for? K1/CR1; are you adjusting from VWP? Are you a natural-born British citizen?

The UK is a low-fraud country. Unless you've got skeletons in your closet, your lawyer is crazy and why are you even using one?

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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rade2rising Experienced

rade2rising   205

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Filed: IR-1/CR-1 Visa Country: Guyana
 Timeline
Posted

well it depends what you are doing on your facebook. your lawyer is right not to take a chance bcoz your lawyer doesnt have time to look through your facebook and tell you what to delete and stuff. You better be sure there is nothing on there to harm you otherwise the safest thing to do is delete it.

4027-dil-ko-choo-jaye-gi-shayari-collection-heart_91.gif?d=1205939495

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