USCIS and the Freedom of Information Act

A lot of times, when people apply for any type of visa with USCIS, they also submit plenty of personal details. For this reason, many petitioners or applicants worry about the information that USCIS holds about them. Moreover, in some cases, when applications get denied, it is due to information unknown to the applicant.

It is completely normal to be interested in the data collected by the U.S. immigration system. Fortunately, thanks to the USCIS Freedom of Information Act or USCIS FOIA, people can see the personal details gathered by USCIS.

What Is the Freedom of Information Act?

The Freedom of Information Act, also known as FOIA for short, allows people to see the information the U.S. government holds about them. More specifically, it is an American law that grants a USCIS petitioner or applicant access to the information and documents the government has about them. The disclosure is either partial or full, and if the applicant or petitioner requests it at some point, the government must offer access.

When it comes to immigration records, it is possible to ask for a copy of the papers the government has. USCIS is the one possessing the information overall. To gain access to the immigration records, you can file Form G-639. The request can be made either for yourself or by giving consent to another person accessing any immigration records related to you.

What Is Form G-639?

Form G-639 is the Freedom of Information/Privacy Act Request. By filing this request, you will be able to discover exactly what the USCIS already knows about you. Usually, immigration attorneys rely on a FOIA request, as this also allows them to get some information about their clients. By getting the information, lawyers have the chance to offer informed advice based on the actual paperwork held by the government.

What’s more, with Form G-639, you can also learn more about the genealogy of your family. If there is any family member that immigrated to the U.S. a while back, you can gather multiple records that this family member filed.

Uses for an Immigration FOIA Request

A USCIS FOIA request can be used in different scenarios. Of course, you can use it to request any immigration records belonging to you, but also request immigration records belonging to another individual as long as they gave you consent. Moreover, you can also use the request in order to correct the records or amend them.

Usually, for these requests, USCIS will bring you copies of the documents for no extra fee. But if the requests require a lot of time and photocopying, you may have to deal with some fees.

What Not to Use a FOIA Request for

There are also some things that the FOIA request is not suitable for, so you need to be aware of these to ensure you do not have the wrong expectations.

You cannot use the G-639 form to get any proof of status, nor to determine the status of any pending application. For the latter, you will have to contact the USCIS National Customer Service Center instead. Also, you cannot use the request to ask for the original documents to be returned to you. For this action, you need to file Form G-884 instead.

Then, the request is also not suitable if you want information on USCIS manifest arrivals before December 1982. You will have to write a letter to the National Archives about this. Moreover, requesting records of naturalization before September 27, 1906, is not possible with this form. You have to contact the clerk of the court where the naturalization took place to obtain this.

Lastly, the FOIA request is not suitable for consular notification of any visa petition approval. You should use Form I-824, Application for Action on an Approved Application or Petition instead.

How to Make a FOIA Request

Here are the steps you should take to make a USCIS FOIA request:

Think About the Information You Need

First things first, it is necessary to identify what type of information you need. It is very important to do this before making the FOIA request. It will make it easier for you to fill out the application, to begin with. Moreover, it can help you find out if making the FOIA request will help you obtain the type of information you are looking for.

As mentioned, there are a few things that you cannot obtain with the FOIA request. Visa petition approval cannot be obtained with this request, and the same applies to records of naturalization before September 27, 1906. Also, there is some immigration background information that you can get more easily if you use other channels instead.

The FOIA request will be useful to both you and your attorney when it comes to an immigration case, or when you want to see where you stand in terms of immigration status. The records will show you just what the USCIS knows about you and what actions were taken on the information they have so far.

Find the Agency that Has the Information

This step is important because it helps you contact the right immigration agency so you can not only obtain what you want but also get a positive answer to your request. Most requests are made to USCIS directly, mainly when it comes to someone’s A file.

There are different types of records that you will have to get from other agencies, though. If you are in removal proceedings before a court, for instance, you will have to make the request to the Department of Justice’s Executive Office of Immigration Review. Meanwhile, records like entries and exits to and from the U.S., customs records, and others are held by ICE or the CBP. If you’re unsure where to make the request, talk to a licensed immigration attorney beforehand.

Find Why You Need the Immigration File

It is also essential to find out why you want your immigration file. This is because you need to write it on the FOIA request, but also because it may be useful when your liberty or even life is at stake.

Make the Request

It is now time to make the request. Start it by going to the Department of Homeland Security website, where you have a Public Access Portal available that tells you all the contact methods. For USCIS, though, you can simply go to their website and create an account.

USCIS also has Form G-639 available, which helps make a FOIA request. Online requests may be faster, though. Keep in mind that you also need to offer consent from the person whose records you are going after if you need someone else’s information.

No fee is usually necessary for the request, but it is possible to be charged a bit later.

Form G-639 Request Processing Time

Usually, it may take from several weeks to several months for USCIS to give you an answer for the Form G-639 request. It will all depend on the nature of your request, but also different other aspects, so expect the processing time to vary. If the request is a simpler one, processing will take less to finish. In some situations, you can also get expedited processing.

Read More

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• How Do I Know Which USCIS Service Center?
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• What “Country of Residence” and How to Know Yours When on a Visa
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Conclusion

The USCIS FOIA request can be very useful when you need access to information the government has on you. Make sure to complete the form properly and submit it to the right agency.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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