Interested in obtaining a copy of your immigration file? You’re not alone. The US Citizenship and Immigration Services (USCIS) responds to several thousand requests for immigration records 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 just 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. Immigration records from before 1982 will not be available through the FOIA process. However, those seeking older records for genealogical purposes can use the USCIS Genealogy Program.
Make a FOIA request
FOIA requests must be made in writing. You can complete your request by filing Form G-639, Freedom of Information Act/Privacy Act Request. 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. When 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 comply with. In other words, make it clear exactly what you are requesting. The request must also be something that USCIS can fulfill based on its role and the limits of the law.
Generally, people filing Form G-639 are looking for a specific record or document. But you can also request a complete immigration file, also known as an A-file. As you might expect, 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 word your request:
- I am requesting any and all copies of the I-485 applications that include my name
- I am requesting any and all copies of the I-130 petitions I filed for John Doe
- I am requesting any and all copies of my Chinese birth certificate.
Please note that USCIS will only take documents such as a birth certificate if you have previously provided 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 complete immigration file. In this case, your request may be worded as “I am requesting all documents related to me (complete A-file).”
Identifying the type of information you need is vital to making a good FOIA request.
Identify the purpose of filing Form G-639
Although you are not required to state the purpose of your request, providing the information may help USCIS locate the records needed 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 your documents to you 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 to process FOIA requests:
- Track 1 is for simple requests for a specific document from someone else’s 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 with a “Notice to Appear” before an immigration judge and are facing removal proceedings.
The majority of requests USCIS receives are from individuals seeking either entire 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 Enforcement (ICE), and the Department of State.
When an A-file contains records that originated from ICE or another agency, USCIS forwards those documents to the originating agency for a direct response to the requester from the originating agency. USCIS has a memorandum of understanding with CBP that allows USCIS to process CBP documents without references.
If you are going before an immigration judge and want to expedite the processing of your Form G-639, it is important that you also provide evidence of the court date. Examples of acceptable documents include:
- Form I-862, Notice to Appear, documenting a future date scheduled for the subject’s hearing before the immigration judge
- Form I-122, Order to Show Cause, documenting a future date scheduled 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 USCIS
Virtually anyone can file Form G-639, Freedom of Information Act Request. Most people file Form G-639 for their own immigration information. You may file the form for someone else, as long as that person consents to the request and signs the form. If the subject is a minor, he must present proof of parentage (or proof of guardianship). Send a copy of her 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, memorial, or headstone photo.
Filing Fee for Form G-639, FOIA Request
There is no cost to file Form G-639, Freedom of Information Act/Privacy Request. Although you will agree to pay up to $25 when the form is filed, no money is due at the time of filing. Most simple searches do not generate a fee 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 of receipt. You will receive an acknowledgment letter from USCIS that contains a control number and an estimated timeframe. However, if you have not provided sufficient 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. Using the control number provided to you, you can check the status of your case using the online FOIA Request Status Check. (https://egov.uscis.gov/foiawebstatus/)