NY Visa Attorney Guides Students on Online Privacy

NY Visa Attorney Guides Students on Online Privacy

If you plan to study in the US, it’s important to stay informed about the latest visa rules that could affect your chances of enrollment and privacy. The US State Department recently announced that it will resume processing student visa applications, and part of that process now involves making your social media accounts public for review.

In its notice, the department explained that applicants for F, M, and J nonimmigrant visas should watch for available interview slots. These visas apply to vocational and full-time academic students, even those coming to the US on exchange programs. To meet the new requirements, all applicants will need to adjust their social media privacy settings to public so their profiles can be reviewed.

The announcement did not specify which social media platforms will be reviewed or how these checks will be carried out. However, the department confirmed that reviewing an applicant’s online presence is now part of a broader vetting process.

National security remains a priority

According to the State Department, every visa approval is considered a national security decision. The new rules follow an announcement from Secretary of State Marco Rubio in late May, when he paused all student visa applications to establish new procedures for reviewing applicants’ online activity.

At the time, department spokesperson Tammy Bruce explained that Rubio and President Trump only want to admit visitors who:

  • Understand US laws
  • Have no criminal intent
  • Can positively contribute to society during their stay.

Student visa processing was suspended at a critical period, months before international students were about to enroll in US universities.

Know your rights

It’s important to understand your rights as an international student or scholar before allowing US authorities to review your social media. While the First Amendment protects freedom of speech for anyone physically present in the US, non-citizens—especially those on non-immigrant visas like F-1 or J-2—have limited protections during the visa application process abroad. For example, expressing political views online could still raise red flags even if those views would be legally protected under US law.

Immigration officers have broad discretion, and online content may be misinterpreted or seen as grounds for additional scrutiny. A post taken out of context, a meme shared years ago, or even political commentary could be misread by a consular officer reviewing your profile. This kind of review doesn’t follow a fixed standard, and the consequences can be serious, from delayed approvals and extra screenings to outright denials. Before you apply, it helps to understand how your online presence might be interpreted and what steps you can take to avoid issues.

US immigration and your data privacy

As part of the immigration process, US officials can review your social media activity during the following instances:

  • While you apply for a visa
  • Upon arrival at the border
  • At other stages of your immigration journey.

They may include requests to know your social media handles and search for publicly accessible information about you. In some cases, they might also inspect your personal devices.

Our visa attorney in New York strongly advises students and scholars to manage their digital presence carefully and stay compliant with all immigration rules to avoid unnecessary complications.

Expanded visa screening for F and J applicants

New guidance was issued by the US Department of State to extend the screening process for F and J visa applicants. This involves closer reviews of applications and online activity, along with supporting documents, so you may encounter the following actions from authorities:

  • Requests to make private social media accounts public
  • Additional administrative checks or follow-up interviews
  • Extended processing times for some visa applications

Both new applicants and those returning to the US for further study will be affected by these updates. US embassies and consulates may adjust their appointment schedules based on the expanded review process.

For the latest updates, visit the website of the US embassy or consulate where you want to apply. If you’re unsure how these changes affect your application, speaking with a New York visa attorney can provide clarity.

Protect your privacy with expert guidance

If you’re concerned about how these rules may affect your privacy or visa eligibility, our team at Berd & Klauss, PLLC, is here to help. Our experienced visa attorney in New York assists students and scholars with every step of the US immigration process. We also provide deportation defense and support for those pursuing permanent residency.

To schedule a complimentary consultation with a visa attorney in New York, call 212-461-7152 or email info@berdklauss.com today.