You can receive more specifics if you are waiting for news on your immigration or visa application and it’s taking too long. One of those is a request for the Freedom of Information Act (FOIA). FOIA allows you to ask government departments (U.S. Citizenship and Immigration Services (USCIS), and they can keep you updated on your case.
This tutorial will show you how to submit a FOIA request with USCIS and what happens during the process.
What Can You Ask For Through A FOIA Request?
- You may request all kinds of records from USCIS under FOIA and the Privacy Act, such as:
- Your own immigration papers, papers, petitions, and notifications.
- Immigration Records for someone else, but only if they write you permission.
- Policies, letters, etc.: USCIS.
Important Notice: Some travel and detention records may require you to apply to U.S. Customs and Border Protection (CBP) or the U.S. Department of State, not USCIS. Be sure to read USCIS’s FOIA webpage and which agency you should approach depending on the record you need.
How To File a FOIA Request?
— There’s no better place to submit a FOIA request to USCIS than online. Making your request online saves time and mistakes during processing.
The way to submit your FOIA request:
- Register using your USCIS account: You can use your current USCIS account to make the request. If you don’t already have one, create one.
- Request your FOIA: Peruse the instructions on the USCIS online portal. This will allow you to:
- Submit your FOIA request instantly.
- Keep track of your request status.
- You will get a fast reply from USCIS.
- Download your requested records anytime.
How To Make Your FOIA Request More Faster
Here are some quick-fix tips to get the ball rolling:
- Visit the Electronic Reading Room: you may already find some records you are requesting in the ERG. Check their website to determine if they have your records on file already.
- Request only the documents you need: It will save time and reduce your delays if you can simplify your request by asking only for the documents you need.
What Happens After You File a FOIA Request?
After you request, USCIS will send you an email when your records are ready. If you have any queries or wish to be kept informed, you can reach out to the USCIS FOIA team at:
- Email: foiapaquestions@uscis.dhs.gov
- Fax: 802-860-6908 or 816-350-5785
Appeals and Disputes
You can appeal if you are not happy with the way USCIS processed your request. Here’s how to do it:
- Send a letter with the subject “Freedom of Information Act Appeal”.
- Send the letter to:
- USCIS FOIA/PA Appeals Office
- 150 Space Center Loop, Suite 500.
- Lee’s Summit, MO 64064-2139
You can also make a FOIA request to get updates on your immigration case. You can monitor how it goes and never be stuck with it if you make the request online. If you require more assistance, Law and Visas can guide you through the FOIA process and get the answers you require.
Overview of Immigrant Records Available Through FOIA
The Freedom of Information Act (FOIA) allows individuals to request a variety of immigrant records maintained by U.S. federal agencies. These records can provide crucial information for those navigating the immigration process or seeking to understand their immigration history.
Types of Records You Can Request
- Visa Applications: Information about visa petitions and applications, including details about approval or denial.
- Immigration History: Comprehensive records that outline an individual’s immigration journey, including prior petitions and decisions made by immigration authorities.
- Entry and Exit Records: Documentation of entries and exits from the U.S., often found in the I-94 records.
- Asylum Records: Details regarding asylum applications, interviews, and decisions.
- Green Card Application Details: Information related to Form I-485 (Application to Register Permanent Residence or Adjust Status) and other permanent residency processes.
Specific forms that can be requested include:
- Form I-94: Arrival/departure record.
- Form N-400: Application for Naturalization.
- Form G-639: FOIA request form for accessing immigration files.
How to File a FOIA Request
Filing a FOIA request for immigrant records involves several steps:
- Identify the Information Needed: Clearly define what records you wish to obtain, as this will guide your request and help determine the appropriate agency to contact.
- Prepare Your Request:
- Use the USCIS online portal for efficiency.
- Fill out Form G-639 if submitted by mail or fax.
- Submit Your Request:
- Online submissions are recommended for faster processing.
- Ensure you include all required personal information, such as your name, date of birth, and A-number if applicable.
Tips for Filling Out the FOIA Request Form
- Be specific about the records you are requesting.
- Include any relevant details that can assist in locating your records.
- Verify that you have signed the request under penalty of perjury if required.
Where to Send Your FOIA Request
Requests can be directed to various agencies depending on the type of record:
- USCIS: For most immigration-related records.
- U.S. Department of State: For visa-related inquiries.
- CBP (Customs and Border Protection): For entry/exit records and border interactions.
Contact Information
Each agency has a dedicated FOIA office:
- USCIS FOIA Office: Available through their official website.
- U.S. Department of State FOIA Office: Contact via the State Department’s FOIA page.
- CBP FOIA Division: Submissions can be made online through their portal.
Key Information to Include
- Your full name and contact information.
- Date of birth and A-number (if applicable).
- A clear description of the documents requested.
Documents Needed with Your FOIA Request
When submitting a FOIA request, you may need to include:
- Identification Documents: To authenticate your identity.
- A-Number or Other Identifying Information: If applicable, to help locate your records.
- Consent Forms: If requesting someone else’s records, include written permission from that individual.
Processing Time for FOIA Requests
The processing time can vary significantly based on the complexity of the request and the agency involved:
- Simple requests may take a few weeks.
- Complex requests can take several months or longer.
You can track your request status through the agency’s online system once submitted.
After Submission
After submitting your request, expect one of several outcomes:
- Acknowledgment of Receipt: Confirmation that your request is being processed.
- Records Provided: The requested documents are sent to you.
- Delays or Denials: If records are withheld or redacted due to privacy concerns or other exemptions.
Handling Denied Requests
If your request is denied, common reasons may include privacy issues or national security concerns. You have the right to appeal the decision:
- Write an appeal letter outlining why you believe the denial was incorrect.
- Submit your appeal within 90 days of receiving the denial notice.
Costs Associated with Filing a FOIA Request for Immigrant Records
When filing a FOIA request for immigrant records, it’s essential to understand the potential costs involved. Fees may be charged based on the type of request and the amount of work required to fulfill it.
Fee Structure
Types of Fees:
- Search Fees: Charged for the time spent searching for records. Fees vary based on the personnel conducting the search:
- Clerical search: $4.00 per 15 minutes
- Professional search: $7.00 per 15 minutes
- Managerial search: $10.25 per 15 minutes
- Duplication Fees: Charged for copies of documents at a rate of $0.10 per page, with the first 100 pages free.
- Review Fees: Applicable for commercial requesters and are charged similarly to search fees.
- Fee Waivers: Individuals can request a fee waiver if they demonstrate financial hardship, but waivers are generally not available for personal immigration cases.
- Payment Process: You will be notified if fees exceed $25 before processing continues. Payments can typically be made by check or money order, and agencies may require advance payment if costs are expected to exceed $250.
If You Can’t Afford the Fees
If you cannot afford to pay the fees, consider requesting a fee waiver or limiting your request to specific documents that may reduce costs. Clearly state your financial situation in your request to support your case for a waiver.
Using Your Immigrant Records in Your Immigration Case
Once you receive your records, understanding their contents is crucial.
Interpreting Records
- Visa Status: Check for current visa status and any history of applications or denials.
- I-94 Details: This form provides entry and exit information, which is vital for establishing a legal presence in the U.S.
Practical Applications
FOIA records can significantly aid in:
- Legal Cases: Providing evidence in immigration court.
- Green Card Applications: Clarifying immigration history.
- Naturalization: Ensuring all necessary documentation is complete and accurate.
Requesting Records for Someone Else
If you need to request records for another individual, such as a family member or client:
- Consent Requirement: Obtain written consent from the individual whose records you are requesting, typically through a Privacy Act waiver or signed authorization.
- Submitting Requests: Include identifying information about the person, such as their full name and date of birth, along with your contact details.
What If You Don’t Have Your A-Number?
If you do not have your Alien Registration Number (A-number):
- Finding Your A-Number: Check previous immigration documents or notices from USCIS, as it is often listed there.
- Filing Without It: You can still file a FOIA request using other identifying information such as your full name, date of birth, and any previous case numbers.
Requesting Records for Deceased Individuals
To obtain immigration records for someone who has passed away:
- Proof of Relationship: Provide documentation that proves your relationship to the deceased (e.g., birth certificate, marriage certificate).
- Legal Authorization: If you are an attorney or legal representative, include proof of your authority to act on behalf of the deceased individual.
Tracking and Monitoring Your FOIA Request
After submission:
- Online Tracking: Use the USCIS FOIA tracking system or other agency portals to check the status of your request.
- Delays: If processing takes longer than expected, contact the agency for updates or clarification on delays.
Importance of Keeping Immigration Records Updated
Maintaining accurate immigration records is vital:
- It ensures that all information is current and reflects any changes in status.
- Updated records can facilitate future applications or proceedings by providing necessary background information.
Handling Redacted or Incomplete Records
If your FOIA response includes redacted or incomplete records:
- Request Clarification: Contact the agency to ask for further explanation regarding redactions.
- Follow Up: You can appeal if you believe essential information has been unjustly withheld.
Using FOIA for Business or Legal Purposes
Businesses and legal professionals often utilize FOIA requests to gather immigration records for clients:
- Ensure compliance with ethical standards and privacy laws when handling third-party records.
- Be aware of potential legal implications when using sensitive information obtained through FOIA requests.
Common Mistakes to Avoid When Filing your Immigrant Records FOIA Request
To streamline your FOIA experience:
- Be Specific: Clearly describe the records you seek; vague requests can lead to delays.
- Double-check Information: Ensure all identifying details are accurate to avoid processing issues.
- Limit Requests: Focus on specific documents rather than broad requests to speed up processing times.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an Immigrant Visa or a Non-Immigrant Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
