FOIA (Freedom of Information Act Requests)

The Freedom of Information Act (FOIA) and the Privacy Act are key tools for accessing records held by the government in the United States.

1. Request Records through FOIA or the Privacy Act

The FOIA and Privacy Act allow you to request:

  • Your own immigration records.
  • Immigration records of another person, with their written permission.
  • Agency policies, data, communications and other records.

2. How to Make a Request

  • Online: The most efficient way to make a request is through the USCIS FOIA online service. This allows you to submit and track your request, as well as receive and download the necessary records.
  • By Software: If you use additional software to submit FOIA requests to USCIS, an application programming interface (API) is now offered. Software developers can visit the USCIS Torch API Platform site for more details.

3. Tips for a Quick Response

  • Specific Requests: When making your request, be as specific as possible about the documents you need. Accurate requests are processed faster.
  • Check Public Materials: Before applying, check if the records you need are already available in the USCIS Electronic Reading Room.
  • Check the Status of Your Application: You can check the status of your application online.

4. Types of Records and Where to Request Them

  • A-File Records and Other Agency Records: Apply online with USCIS.
  • Records older than 100 years: Through the USCIS Genealogy Program.
  • Records accessible under Section 508 of the Rehabilitation Act: Contact the USCIS FOIA Program by email.
  • For certain records such as I-94, travel booking data, detention and deportation records: Contact US Customs and Border Protection (CBP).
  • For issues related to U.S. citizen passports and non-citizen visa applications: Contact the U.S. Department of State.

5. Appeals and Disputes

If you are not satisfied with the response to your request, you can write an administrative appeal and submit it to the USCIS FOIA/PA Appeals Office.

6. Contact the USCIS FOIA Program

For detailed questions about the process or status of your FOIA or PA request, you can contact the USCIS FOIA Program by email.

This process can be a little complicated, but it is a powerful tool for accessing vital information. It is important to take advantage of these resources to obtain necessary records, whether for immigration cases or to better understand the operations and policies of U.S. government agencies.

Attorney Yunuen Mora can help you request your FOIA to know your criminal and immigration records and better assess your immigration matters.

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