How to get your immigration file through a FOIA request

Are you interested in obtaining a copy of your immigration file? You’re not alone. The United States Citizenship and Immigration Services (USCIS) responds to several thousand requests for immigration files each year. In fact, the agency receives almost 600 requests for records every day.

A law called the Freedom of Information Act (commonly known as FOIA) allows Americans and non-citizens to access their immigration records. For some, the search for information may be simply out of curiosity. For other people, obtaining records (and / or determining if they exist) can be critical to an immigration case. Immigration attorneys routinely make FOIA requests for their clients.

Not all information is available. Older immigration records prior to 1982 will not be available through the FOIA process. However, those looking for older records for genealogy purposes can use the USCIS Genealogy Program.

Make a FOIA request

FOIA requests must be made in writing. You can complete your application by submitting Form G-639, Freedom of Information Act / Request for Privacy Act. Download the form and filing instructions from the USCIS.gov website. Form G-639 is not required to apply to USCIS, but it is highly recommended. By submitting your application with Form G-639, the standard format can help make your application clearer.

Make a specific request

It is important that your request is easy to understand and possible to fulfill. In other words, clarify exactly what you are asking for. The request should also be something that USCIS can fulfill based on its role and the limits of the law.

Generally, people who file Form G-639 are looking for a specific record or document. But you can also request a complete immigration file, also known as a file A. Unsurprisingly, requests for specific documents will generally be faster. So if the information you need is limited, be very specific. Here are some examples of ways to write your request:

• I request each and every copy of the I-485 applications that include my name
• I request each and every copy of the I-130 petitions that I filed for John Doe
• I request each and every copy of my Chinese birth certificate.

Please note that USCIS will only have documents such as a birth certificate if it has been previously provided to them. Do not use G-639 to request original documents. Use Form G-884, Request for Return of Original Documents. (http://www.uscis.gov/g-884)

On the other hand, you may want to request a full immigration file. In this case, your request may be worded as, “I am requesting all documents related to me (complete file A)”.

Identifying the type of information you need is vital to making a good FOIA request.

Identify the purpose of filing Form G-639

Although it is not necessary to state the purpose of your request, providing the information can help USCIS locate the records necessary to respond to your request. The context of your request can also affect the speed at which it is fulfilled.

For example, if you are seeking documents for your case before an immigration judge and deportation is a possible outcome, USCIS can expedite your FOIA request and send you your documents as soon as possible.

How USCIS Will Process Your FOIA Request

According to Jill Eggleston of the USCIS National Records Center, USCIS maintains three tracks for processing FOIA requests:

• Track 1 is for simple requests for a specific document from a foreign file.
• Track 2 consists of requests for a complete alien file. (The average size of an A file is 218 pages!)
• Track 3 is an expedited track for applications from individuals who have been served a “Notice to Appear” before an immigration judge and are facing deportation proceedings.

Most of the requests USCIS receives are from individuals seeking complete A-files or a particular item, which may include forms, correspondence, photos, news articles, and information from other federal immigration agencies, such as Customs and Border Protection (CBP). ), Immigration. and Customs Control (ICE), and the Department of State.

When an A file contains records that originated with ICE or another agency, USCIS forwards those documents to the originating agency for the originating agency to respond directly to the applicant. USCIS has a memorandum of understanding with CBP that allows USCIS to process CBP documents without referrals.

If you will be appearing before an immigration judge and want the processing of your Form G-639 expedited, it is important that you also provide evidence of the hearing date. Examples of acceptable documents include:

• Form I-862, Notice to Appear, documenting a future scheduled date for the subject’s hearing before the immigration judge
• Form I-122, Order to Show Cause, documenting a future scheduled date for the subject’s hearing before the immigration judge.
• Form I-863, Notice of Referral to Immigration Judge
• A written notice of the continuation of a future scheduled hearing before the immigration judge.

If you are interested in checking the status of your application or want to know the average processing time for each lead, the USCIS FOIA website provides such information and is updated daily.

Who can file a FOIA request with the USCIS

Virtually anyone can file Form G-639, Freedom of Information Act Request. Most people file Form G-639 to obtain their own immigration information. You can submit the form on behalf of another person, provided that person consents to the request and signs the form. If the subject is a minor, they must present proof of paternity (or proof of guardianship). Submit a copy of your state-issued identification (such as a driver’s license) and a copy of the child’s birth certificate or adoption decree. You can also request the records of a deceased family member. Include proof of death with the application in the form of a death certificate, obituary, funeral, or gravestone photo.

Cost of Filing Form G-639, FOIA Request

There is no cost to file Form G-639, Freedom of Information / Privacy Act Request. Although you will consent to pay up to $ 25 when submitting the form, no money will be owed at the time of application. Most simple searches do not incur a charge for the applicant.

After filing form G-639

Once they have received your application, USCIS will enter it into the FIPS database. The Freedom of Information Act requires USCIS to acknowledge your request within 20 business days from the date of receipt. You will receive an acknowledgment letter from USCIS that contains a control number and an estimate of the time frame. However, if you have not provided enough information to process the application, USCIS may respond with a request for additional information. Additionally, USCIS may extend the response time by an additional 10 business days in certain situations. With the control number provided to you, you can check the status of your case by checking the FOIA request status online. (https://egov.uscis.gov/foiawebstatus/)