Social Media History Requirement: How Texas Travelers Could Be Affected

In this article, you can discover…

• How your social media history can impact your ESTA application.
• Whether an ESTA denial based on social media history can be appealed or challenged.
• The types of social media content to avoid posting to protect your application.

What Does The Current ESTA Application Require Regarding Social Media Disclosure?

The current Electronic System for Travel Authorization (ESTA) application includes a field that requires you to disclose your social media handles, and new regulations require at least 5 years of your recent social media history. This applies to students entering the United States to study, as well.

How this will be uniformly enacted has yet to be determined, but increases in funding and manpower for ICE and USCIS, as well as the increased computing power needed for these data checks, are underway.

Many applicants are simply printing out review summary pages of their social media accounts. In other cases, individuals have been referred for secondary inspection at a port of entry. Much of this will depend on how you arrived in the country, how you applied for ESTA, and the types of social media activity in your background.

How Could Past Or Current Social Media Activity Affect ESTA Approval As A Traveler?

Any social media activity that contains or borders on illegal or illicit activity can block ESTA approval. Any social media activity linked to or sympathetic with terrorist activities is likely to cause a denial, as well.

Some political opinions or opinions on groups, organizations, or countries can also lead to an ESTA denial. In addition, any evidence of multiple marriages or online identities that conflict with your real-life identity can also raise red flags.

Everything can potentially be scrutinized. Who are you hanging out with? Who are you tagging in photos, and who’s tagging you? Who appears with you, and what kinds of locations are you visiting? Each case is different, but those are some basic social media activities that inspectors will look into.

Attorney Ricardo Ramirez is an astute, skilled visa and immigration attorney serving Texas. Since 2011, he’s helped clients just like you navigate their online and social media presence to avoid complications, denials, or setbacks to their immigration or ESTA applications.

Have questions, or in need of legal representation? Reach out to R. Ramirez Attorneys and Counselors for an initial consultation today.

Can An ESTA Denial Be Challenged, Appealed, Or Corrected Through A New Application?

Yes, and in most cases, the simplest thing to do will be to reapply. There are methods for reopening and reconsidering ESTA applications. While this can take some time, it will likely be easier to simply reapply rather than appeal a negative decision.

When Should An Immigration Attorney Be Consulted About ESTA Applications Or Denials?

The most prudent thing to do is to reach out to an immigration attorney before you even apply for ESTA. At R. Ramirez Attorneys and Counselors, we can begin counseling you and providing advice on how to approach and present yourself in your application.

At any step of the process, an attorney can help and give you directions on what is needed and how to proceed. Still, and especially if you anticipate running into issues due to your online activity, it is better to reach out to an immigration lawyer before applying. This can mean the difference between approval and a flagged application with requests for more information or evidence.

Have You Ever Seen A Client’s Social Media Content That Raised Immediate Red Flags?

Yes, absolutely. Many younger clients, especially, are not really thinking carefully about what they post on social media. I’ve had clients post drug-related content and messages related to organized criminal activity, and this has later been brought out in court.

This is never good news for the client, and in some cases, we may recommend that clients abandon a social media account. It is better to say you have no social media presence than to present accounts or handles full of posts or photos that could cause problems. For example, if you are applying for asylum as a victim of persecution, but your social media history shows you partying in public back home.

With recent changes to US immigration law, new technologies that rely heavily on AI are coming out. There are algorithms that probably know you better than you know yourself. Profiles of immigration applicants will be built from their social media history, used to determine whether they receive a work permit, a visa, or are granted residency.

Be very, very careful what you post and consider refraining from certain controversial or potentially problematic posts to avoid backlash, denials, or complications to your case.

Still Have Questions? Ready To Get Started?

For more information on ESTA social media requirements, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 247-0068 today.