General Information: The Freedom of Information Act (FOIA) is a federal law
that makes government information accessible to the general public. FOIA was enacted in 1966. The law is based on the
presumption that individuals have a right to know what their government is doing
and that governmental agencies have a duty to provide full disclosure of all
records that are not specifically and reasonably exempt. FOIA applies to all 15
departments, including the Department of Homeland Security, and 73 other federal agencies
within the executive branch of the U.S. government. such as the Environmental Protection Agency
and Federal Reserve System. The Freedom of Information Act does not apply to the
President, Congress or
the courts. FOIA does not apply to state governments, even though each of the 50
states has its own freedom-of-information laws, as do many cities.
FOIA Immigration Request: The Freedom of Information Act (FOIA) also
applies to USCIS immigration records. This means that any person, including
foreign nationals, U.S. permanent residents (Green Card holders), and U.S.
citizens can request a copy their USCIS files. Some records and information
cannot be released if it is classified as national security, business
proprietary, personal privacy, or investigative. Depending on your situation, it
might be advantageous to request a copy of your immigration file before filing
any applications or petitions with the USCIS (formerly INS) or with any U.S. Embassies
or Consulates abroad. By having your file you can be prepared for any questions the
immigration officer might ask you, and know exactly what the government knows
about you. This is especially important for individuals who have already been to
the United States or have filed applications in the past.
Records of entry into and exit out of the United States: A FOIA request
can also be used to obtain the entry and exit records of foreign citizens. This
date is usually not collected from United States citizens entering or leaving
the country, but usually is collected from foreign citizens, especially
individuals who require a visa to enter the United States, and those who received a I-94
form upon entering the country.
There are specific procedures to follow when requesting your immigration records
under the Freedom of Information Act (FOIA). The procedures to request your USCIS file are described in
detailed in the "FOIA (Freedom of Information Act) - How to Request a Copy of
Your USCIS File.”
The "FOIA (Freedom of Information Act) - How to Request a Copy of Your Immigration File" contains:
- Overview of the FOIA (Freedom of Information Act) and how it can benefit you
- Benefits of making a FOIA request before submitting your immigration application
- FOIA request requirements and instructions
- How to fill out the official FOIA request form
- Alternative application procedures
- Sample FOIA request letters
- Administrative appeal procedures
- Sample administrative appeal letter
- Judicial appeal procedures
- FOIA request fee and mailing address
- List of United States Embassies and Consulates
- FREE Application forms
