FOIA (Freedom of Information Act) - Request your Immigration File
General Information: The Freedom of Information Act (FOIA) is the federal law, enacted in 1966, that
makes government information accessible to the general public. The law is based on the
presumption that individuals have a right to know what their government is doing
and that government agencies have a duty to provide full disclosure of all
records that are not specifically and reasonably exempt. FOIA applies to all 15
departments (Education, Homeland Security, etc.) and 73 other federal agencies
(Environmental Protection Agency, Federal Reserve System) in the executive
branch of the U.S. government. It does not apply to the president, Congress or
the courts. It does not apply to state governments (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 as 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/INS or U.S. Embassies and
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 received a I-94
form upon entering the country.
There are specific procedures to follow when requesting your immigration records
under the 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
- Why make a FOIA requests 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
Click here for a complete list of U.S. Immigration Guides and Packages available for download.
U.S. IMMIGRATION SUPPORT IS NOT AFFILIATED WITH THE USCIS (United States Citizenship and Immigration Services), FORMELY INS (Immigration and Naturalization Services) OR ANY UNITED STATES GOVERNMENT AGENCY. U.S. Immigration Support is a publisher of legal books and immigration guides. The products and services provided by U.S. Immigration Support should be used for information purposes only, not as legal advice. U.S. Immigration Support strives to provide the most current and accurate information available. However, our immigration products are not substitute for legal advice from a certified immigration attorney. The product in this page is an information book or self-help U.S. immigration guide, it is not the actual application for a United States Visa, Green Card (Permanent Residence), Citizenship, Passport or any other government issued document or immigration benefit. This product will be downloaded from our servers or shipped by regular mail. The purchase price of this information or immigration guide does not include filing fees that may be charged by the USCIS (INS), Department of State, United States Embassy or Consulate. By purchasing any of our products you agree that: IN NO EVENT SHALL U.S. IMMIGRATION SUPPORT, ITS PARENT COMPANY, EMPLOYEES OR AGENT BE LIABLE FOR ANY PROBLEMS OR LEGAL ISSUES CAUSED BY THE USE OF OUR PRODUCTS OR INFORMATION IN OUR WEBSITE. No attorney-client relationship will be created through your use of this website (www.usimmigrationsupport.org) or any product provided by U.S. Immigration Support.
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