The Freedom of Information Act (FOIA) gives any person the right to request access to records and documents from government agencies. Individuals with pending immigration cases can make a request under the FOIA for important records held by U.S. Department of State (DOS), Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS), and others. Obtaining records through FOIA may assist in providing the necessary documentation to resolve a pending immigration case.
Helpful for Your Case
Over the years, copies of important records and documents are lost or damaged. A FOIA request can help restore lost copies and provide evidence of immigration history, which is necessary for status renewal or adjustment of status. Those seeking records may also benefit from obtaining access to materials of adjudication from previous cases (like notes from USCIS officers). Accessing these materials may aid in expediting pending or future immigration cases.
How to Make a FOIA Request
There are a variety of ways to request documents under FOIA, however the process may be difficult to navigate. Each request for an immigration document is filed through the agency designated to that particular record. For example, one must request an A-file (alien file) through USCIS, while CBP processes requests for I-94 records. It may take a long time before a request is processed. A high-volume request may take longer to process than a more directed request that require only a few documents, so the timeline of each request varies drastically.
Records NOT Covered Under FOIA
The Freedom of Information/Privacy Act does not allow for complete access to all documents held by government agencies. FOIA contains 9 exceptions that include protections of individual privacy, national security, and trade secrets. If an immigration case is currently under investigation by a federal agency, like the FBI, the documents and records will not be public under FOIA.
It is crucial to possess required records and documents for your immigration case. FOIA facilitates freedoms of information, but in a complex and convoluted manner. It can be difficult to know which documents you need, and from what federal agencies. The Visa Legal Team can assist you with navigating your FOIA request for records.
Contact the Visa Legal Team if you need assistance in completing your FOIA request. Schedule a complimentary 15 minute consultation with the Visa Legal Team at +1 (305) 280-7624; or fill out a Contact Request Form.
*This article is for informational purposes only, and does not constitute legal advice or create a client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances.