Freedom of Information Act

This page shows you how to obtain your immigration file from the government. This can be very handy when you want to apply for an immigration benefit, and have had some dealings with the agency in the past.  Handier still if the you are in removal proceedings before an Immigration Judge.

Imagine that you once applied for asylum, but you stopped renewing you 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.

“I can honestly say that Mr. Carl Shusterman and his team are probably the best in the business when it comes to immigration matters. Carl’s greatest asset is his prior work experience as a former INS prosecutor. My family and I were on the verge of being deported from the United States. Because of Carl’s expertise and dedication, not only are we allowed to remain in this country permanently but are on path of obtaining citizenship…” (More client reviews…)

This page is divided into the following subtopics:

• The Benefits of Using FOIA
• FOIA Laws
• USCIS
• Department of Homeland Security (DHS)
• Immigration and Customs Enforcement (ICE)
• Customs & Border Protection (CBP)
• Executive Office for Immigration Review
• Department of Justice (DOJ)
• Department of State (DOS)
• Department of Labor (DOL)
• Social Security Administration (SSA)
• Practice Advisory from the American Immigration Law Foundation (AILF)

The Benefits of Using FOIA

• Before Applying for Immigration Benefits, Use FOIA

FOIA Laws and Litigation

• Freedom of Information Act (FOIA) – Text of the Law (USCIS)
• Freedom Of Information Act Litigation Page (AILF)
• Privacy Act – Text of the Law (USCIS)
• President Barack Obama Issues FOIA Memo (1-21-09)
• The OPEN Government Act of 2007 – Senator Leahy’s Press Release.
• 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)

Citizenship and Immigration Service (USCIS)

• FOIA Page
• FOIA Request Status Check
• USCIS Launches New Track for Processing FOIA Requests (2-28-07)
• USCIS Fact Sheet: Freedom of Information Act (2-28-07)
• How to Make a FOIA Request
• Major Immigration Information Systems
• Electronic Reading Room
• FOIA-CD Pilot Program for Attorneys and Representatives

Department of Homeland Security (DHS)

• Accessing DHS Records Through FOIA
• How to Submit a FOIA Request

Immigration and Customs Enforcement (ICE)

• FOIA Page

Customs and Border Protection (CBP)

• CBP FOIA Reference Guide

Executive Office for Immigration Review (EOIR)

• FOIA Contact Information
• EOIR’s How To Submit A FOIA/PA Request (includes Appeal Information)

Department of Justice (DOJ)

• Links To All DOJ Agencies – FOIA Pages
• DOJ’s FOIA Reference Guide (Includes “Appeals” and “Judicial Review”)

Department of State (DOS)

• This Electronic Reading Room
• About FOIA & Other Information Access Programs

Department of Labor (DOL)

• Freedom of Information Act
• DOL’s FOIA Guide (Includes FOIA Requests, Appeals & Judicial Review)
• Privacy Act Regulations (DOL)

Social Security Administration (SSA)

• Freedom of Information Act
• Guide to FOIA Requests

PRACTICE ADVISORY FROM THE
AMERICAN IMMIGRATION LAW FOUNDATION (AILF)

• The Fugitive Disentitlement Doctrine: FOIA and Petitions for Review (5-29-08)