The Freedom of Information Act: How Can I Use FOIA to Access My Immigration Records, Petitions, and other Filings?

The Freedom of Information Act (FOIA) is a federal law that gives individuals the right to access government records. As a non-citizen in the United States, if you've ever interacted with one of the many immigration related government agencies, then utilizing the FOIA request process is one of the best ways to gain a full picture of your situation. These records can help you understand your immigration history and status, and assist you in applying for benefits or relief.

To get started, you will first want to identify all the government agencies that hold your specific records. Depending on your circumstances, the following immigration-related agencies may hold the records you are looking for:

U.S. Citizenship and Immigration Services (USCIS) holds records related to immigration benefits applications, such as petitions, applications for adjustment of status, and naturalization applications.
U.S. Immigration and Customs Enforcement (ICE) holds records related to enforcement activities, such as detention and deportation.
The Department of State (DOS) holds records related to visa applications, including non-immigrant visas and immigrant visas.
The Office of Biometric Identity Management (OBIM) holds records related to biometric data, such as fingerprints and photographs, that were collected during the immigration process and/or interactions with border agents/officials.
The Executive Office for Immigration Review (EOIR) holds records related to immigration court proceedings, including deportation orders and hearing transcripts.
U.S. Customs and Border Protection (CBP) holds records related to your interactions with immigration authorities at the border, a port-of-entry or airport.

Once you've established which of the above government agencies might hold your records, you will want to submit a FOIA request to each agency that are relevant to your situation. For example, if you previously filed petitions for immigration benefits, applied for a visa in your home country and appeared before an immigration judge, you will want to submit FOIA requests with USCIS, the Department of State and the EOIR. In general, FOIA requests can be submitted online, by mail or by fax; however, some agencies will only accept submissions online, while others require requests to be submitted via email or fax.

Overall, your request should be responsive to the questions asked by the government agency in their respective online forms, which often may include providing your full name, date of birth, and any other identifying information, such as an alien registration number, receipt number, dates of entry, etc. It is also important to specify the types of records you're seeking, such as your visa application, I-130 petition, immigration court records, or detention records.

Once you've submitted your FOIA request, be prepared to wait. Since each agency has different priorities and response times, you can expect to wait anywhere from a couple weeks to several months, and in some cases, well over a year. When you finally receive the FOIA response, the government may censor certain information from the results, they may provide all the information you requested or they may deny the request altogether; however they must provide you with a reason for the denial and how to appeal the decision. Ultimately, you will want to review the records to confirm that the information is accurate and the documents are responsive to what you actually requested.

Also, if you've been involved in the criminal justice system, you may also want to obtain a criminal background check. The Federal Bureau of Investigation (FBI) offers a process for obtaining your criminal record, which includes any arrests, convictions, or other criminal activity in the United States. You can find more information about this process using the FBI's Identity History Summary Checks (Rap Sheets) process.

In conclusion, using FOIA to obtain your relevant immigration-related records can be an important step in understanding your immigration history and status. By utilizing the FOIA process, you can obtain the records you need to move forward with your immigration journey. If you have any questions about the FOIA process, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to discuss these issues further and help you reach a resolution. Our experienced immigration attorneys are here to provide the advice you need.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.