If you are going through any kind of immigration process — a visa application, a green card, an interview, a renewal — there is a good chance you have already used an AI tool to research your situation. Most people do. It is fast, it is available at any hour, and it feels private. The reality, however, is quite different.

What You Type Into AI Tools May Not Be Confidential

When you use a free AI tool like ChatGPT, Claude, or Gemini, everything you type is subject to that platform’s privacy policy — not your expectations. Most consumer AI platforms reserve the right to collect your inputs, use them to improve their systems, and share them with third parties. Many expressly authorize disclosure to government agencies.

That means the questions you ask — about a prior overstay, a past visa denial, a criminal matter, an inconsistency in your record — may not be private. And in immigration, candid questions about difficult facts are exactly the kind of information that can cause serious problems if it reaches DHS investigators.

The Specific Risks for Immigration Clients

Researching your case before you have an attorney. Many people spend weeks using AI tools to understand their options before they ever speak to a lawyer. Everything entered during that period is governed by the platform’s terms — there is no attorney-client privilege, no work-product protection, and no assurance of confidentiality. If the platform can share that information with government entities, you should assume that it will.

Drafting your personal statement or declaration. AI tools are commonly used to help write or refine personal statements, cover letters, and declarations. If you used an AI tool to draft an earlier version of a statement that differs from what was ultimately filed, that discrepancy could be used to question your credibility in an immigration proceeding.

Using AI for translation. If you have limited English proficiency and you are using a free AI translation tool to translate your documents or communicate with your attorney, you may be routing privileged communications through a platform that does not protect them. The fact that you needed translation does not change the analysis.

The current enforcement environment makes this more serious. Federal agencies are actively vetting visa holders using a wider range of data sources than ever before. What you enter into a consumer AI tool is a potential data source. The risk is not theoretical.

Practical Steps to Protect Yourself

The good news is that this is easy to manage once you know about it.

Stop using consumer AI tools for anything related to your immigration case. This includes researching your options, drafting documents, preparing for interviews, or translating materials. If you have already done this, let your attorney know — they need to understand what information may already be out there.

Ask your questions through your attorney. Your communications with your immigration attorney are protected. Use that relationship. If you have a question at 11pm, write it down and send it in the morning — do not type it into a free AI tool.

If you need translation help, ask your attorney to arrange it. Qualified interpreters working within an attorney engagement are covered by confidentiality protections. A free AI translation app is not.

Be honest with your attorney about any AI tools you have already used. If you drafted your personal statement with AI help, or spent time researching your situation online before your first consultation, say so. Your attorney cannot protect you from risks they do not know about.

What We Do at Meltzer Hellrung

Before your first consultation with us, it is important to know whether you have used any AI tools in connection with your immigration matter. This is not a minor detail — the risk begins the moment you start typing questions into a platform. Be prepared to tell us which tools you used, what kinds of questions you asked, and whether you drafted any documents or statements with AI assistance. The earlier we have that information, the better positioned we are to assess what may already be out there and advise you accordingly.”

When we use AI tools in our own work, they operate under enterprise agreements with strict confidentiality protections — not the consumer terms that create the risks described above.

Our advice: Immigration matters involve some of the most sensitive personal information you have. Treat it accordingly.

If you have questions about how this affects your case or your employees, please contact your Meltzer Hellrung professional.