Chief Justice John Roberts, in writing the 5-4 majority opinion, found that Section 212(f) of the Immigration and Nationality (INA) “exudes deference to the President” and thus empowers him to deny entry of noncitizens if he determines that allowing entry “would be detrimental to the interests of the United States.” There has already been much criticism of this decision. After even the Maexecutive order was found unconstitutional by the fourth and ninth circuit courts of appeals, the March 2017 executive order was subsequently revised through a third proclamation 9645 dated September 24, 2017, which was upheld by the Supreme Court in Trump v. After this executive order was blocked by courts, the Trump administration issued a repackaged Maexecutive order 13780, which banned nationals from six of the seven countries subject to the original executive order. This policy has its genesis in President Trump’s travel ban of Januexecutive order 13769, which banned nationals from seven Muslim countries from entering the US- Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen. The new policy has caused worldwide concern as it is expected to affect 710,000 immigrant visa applicants and 14 million nonimmigrant visa applicants. If applicants are unable to provide the precise details, they can insert “unknown”, but this could result in additional screening or delays during the visa process. Additional questions requesting the applicant’s current e mail and phone number, as well as a list of additional e mail addresses and phone numbers used in the past five years also now appear on the forms. Applicants are instructed to not provide the passwords for these accounts. This information needs to be provided through a drop down list of common social media platforms, although some of the platforms listed are defunct. Visa applicants now have to disclose the social media platforms that they have used within the previous five years and provide their user names or handle for each platform. Please contact SPS Immigration should you have questions on how this might impact your immigration case.On May 31, 2019, the State Department added new questions to visa application forms, DS-160/DS-156 Nonimmigrant Visa Application and Form DS-260, Immigrant Visa Application. Given that the DOS may access and review social media profiles and misunderstand posted content, visa applicants should exercise good judgement when sharing information on social media sites. The list of designated social media platforms includes 20 platforms: Choosing “none” as an untruthful response could lead to potential denial of a visa for misrepresentation and future bars of admissibility with associated personal and business consequences. Visa applicants are required to answer this question on the forms as there is no option to refuse to answer.īecause failure to fully disclose information on a visa application could be grounds for misrepresentation, visa applicants should be forthcoming with their social media presence. An affirmative response to having used one of these social media platforms in the last five years will prompt the visa applicant to disclose his or her social media identifier or username for each platform. The Department of State (“DOS”) recently added a question to the Nonimmigrant Visa Application Form DS-160 and Immigrant Visa Application Form DS-260, asking applicants to disclose the social media platforms that they have used in the last five years preceding their visa application.
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