Use the FOIA to get a copy of your immigration file from the USCIS, ICE, CBP or the Immigration Court (EOIR). This can be very important when you want to apply for an immigration benefit, and have had some dealings with the agency in the past. Even more important if you are in removal proceedings before an Immigration Judge.
Imagine that you once applied for asylum, but you stopped renewing your employment card years ago. Now you are married to a citizen of the U.S. and have a citizen child, and you want to apply for permanent residence. Your file might reveal that you are under a final order of deportation, that the Judge “administratively closed” your case, or that your case never went to court at all. You definitely want to know what happened to your application BEFORE you apply for a green card.
Reviewing your government file is like taking a peek at your opponent’s cards before you place your bet in a poker game.
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The USCIS website provides the following advice about FOIA:
To respond to your Freedom of Information Act (FOIA) or Privacy Act (PA) request as quickly as possible, we will soon stop accepting requests by fax or email. We strongly encourage you to begin using our online FOIA request and response service.
This service has several advantages for anyone making a FOIA request to USCIS:
- Get your request to us instantly;
- Track its progress as we review;
- Receive our response as soon as its ready; and
- Download records whenever you need them.
You can submit a FOIA request online using the Freedom of Information Act Records SysTem (FIRST) to request:
- Your own immigration record,
- Another person’s immigration record, or;
- Non-A-file information such as policies, data, or communications
Using FIRST eliminates the time and expense associated with mail-in requests.
Our FOIA Page is divided into the following subtopics:
- Freedom of Information Act
- Citizenship and Immigration Services (USCIS)
- Department of Homeland Security (DHS)
- Immigration and Customs Enforcement (ICE)
- Customs & Border Protection (CBP)
- Executive Office for Immigration Review (EOIR)
- Department of Justice (DOJ)
- Department of State (DOS)
- Department of Labor (DOL)
- Social Security Administration (SSA)
- Practice Advisories from the American Immigration Council (AIC)
FOIA Laws and Litigation
- The FOIA Blog
- Chief FOIA Officer 2015 DHS Report (4-8-15)
- A Citizen’s Guide On Using the Freedom Of Information Act And The Privacy Act Of 1974 To Request Government Records (House of Representatives) (2005)
- Strategies for Obtaining Documents from the Government During Removal Proceedings
Citizenship and Immigration Service (USCIS)
- FOIA Request Status Check
- USCIS Expands FIRST: A Fully Digital FOIA System (6-25-19)
- USCIS to Implement Online Processing of FOIA Requests (5-30-18)
- USCIS FOIA/Privacy Act Processing Guide (9-27-13)
- USCIS Fact Sheet: Freedom of Information Act (2-28-07)
- Freedom of Information Act-CD Pilot Program for Attorneys and Representatives
Department of Homeland Security (DHS)
- Accessing DHS Records Through the Freedom of Information Act
- How to Submit a Freedom of Information act Request
Immigration and Customs Enforcement (ICE)
Customs and Border Protection (CBP)
Executive Office for Immigration Review (EOIR)
Department of Justice (DOJ)
- Links To All DOJ Agencies – Freedom of Information Act Pages
- DOJ’s Freedom of Information Act Reference Guide (Includes “Appeals” and “Judicial Review”)
Department of State (DOS)
Department of Labor (DOL)
- Freedom of Information Act
- DOL’s Freedom of Information Act Guide (Includes Freedom of Information Act Requests, Appeals & Judicial Review)
Social Security Administration (SSA)
Practice Advisories from the American Immigration Council (AIC)
- A Step-by-Step Guide to Filing a FOIA Lawsuit (6-20-23)
- The Freedom of Information Act for Immigration Lawyers (5-19-21)
- The Fugitive Disentitlement Doctrine: The Freedom of Information Act and Petitions for Review (04-29-13)
- Dent v. Holder and Strategies for Obtaining Documents from the Government During Removal Proceedings (06-08-12)
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.