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What Is the Freedom of Information Act?
The Freedom of Information Act (FOIA) is a federal statute that allows individuals to request access to records from federal agencies in the US. These records provide information to citizens about federal government activity.
Although the FOIA requires federal agencies to disclose certain documents of interest to the general public, not all federal agency records can be accessed. This is because the FOIA restricts the disclosure of records under any of its nine exemptions or three exclusions.
Further, the FOIA does not disclose records held by advisory offices of the President, Congress, federal courts, private businesses, or state or local government agencies.
How Does FOIA Work?
Individuals can request records with a FOIA request letter in writing or electronically using the FOIA online system. They can request copies of their immigration records, someone else’s immigration records, agency policies, communications, and other records that are in the custody of the United States Citizenship and Immigration Services (USCIS).
The request should describe the specific information the requester seeks, including the format in which they want to receive it. The USCIS does not accept requests made by fax or email.
Individuals who require records of themselves need to verify their identity. The verification ensures that private information is not disclosed inappropriately to another individual.
Most FOIA requests do not require the payment of fees. However, federal agencies are entitled to charge fees for requests made depending on the direct costs of search, review, and duplication of requested records.
A fee waiver may be granted if the individual can show that the requested information is in the public’s interest and will contribute significantly to the public understanding of the operations of the government.
What Types of Information Cannot Be Requested Through FOIA?
The following nine types of information are exempted from disclosure by FOIA:
- National defense or foreign policy information classified by an executive order;
- An agency’s internal personnel rules and practices;
- Information that is protected by another statute;
- Business trade secrets and confidential financial information;
- Inter-agency or intra-agency draft or recommendation documents that reflect the personal opinion of the author;
- Information that is an invasion of personal privacy;
- Certain records compiled for law enforcement purposes;
- Information prepared by an agency responsible for the regulation of financial institutions;
- Geological and geophysical data concerning wells.
Three exclusions authorize federal law enforcement agencies to withhold information concerning specific sensitive law enforcement and national security matters, such as:
- Information that interferes with criminal enforcement proceedings;
- Information that threatens the identity of confidential informants in a criminal proceeding;
- Certain law enforcement records maintained by the Federal Bureau of Investigation (FBI).
Who May Request Records Under FOIA?
The following individuals can request access to federal agency records:
- Foreign nationals
- Green card holders
- Organizations
- State and local governments
- US citizens
- Universities
Making a FOIA Request for Your Immigration Records Online
Non-citizen immigrants are assigned a USCIS identification number upon arrival. This number is used to prepare your A-file containing your immigration information. You can make a FOIA request online for your A-file by using the FOIA request and response service to:
- Create a USCIS account if you do not already have one;
- After signing in, click on submit a FOIA request;
- Complete the General Information Section;
- Fill in the details of your request;
- Add attachments showing proof of identity and other necessary documents (if you are requesting your immigration records or for someone else);
- Indicate your preferred delivery method and mode of payment;
- Submit the request.
Once you receive a notification from the USCIS that the requested records are ready, you can view and download the documents to your computer or smartphone.
Making an online FOIA request is the fastest way to receive records from USCIS. The USCIS can process requests faster, and you can track the progress of your FOIA request. Further, the USCIS receives online requests immediately, and you can swiftly respond to USCIS requests for more information.
If you are uncertain about the documents to attach when requesting your immigration records, an immigration attorney in Texas can guide you or file the FOIA request on your behalf.
Making a UCSIS FOIA Request by Mail Using Form G-639
Form G-639 (Freedom of Information/Privacy Act Request) requests access to USCIS records under the FOIA. Individuals requesting mail should complete, download, print, and sign Form G-639. This will ensure that the USCIS receives accurate information to fulfill their request.
A FOIA request can also be made in writing without the Form G-639. However, individuals are more likely to omit essential information, which may delay the entire request process.
When requesting records about another person, you should include the following information:
- Their name
- A notarized statement of identity
- A released report from them permitting you to seek their records
After the USCIS receives your request by mail, they will send you an acknowledgment letter. Once the request is processed, the USCIS will respond by mail by sending you files on a compact disk (unless you specify another format).
You can use the FOIA’s online service to receive records online even though you submitted a request by mail.
USCIS FOIA Request Processing Times
Processing times for FOIA requests for A-File materials using a three-track system:
- Track One (Simple requests) – seventeen days
- Track Two (Complex requests) – eighteen days
- Track Three (Requests from individuals in immigration proceedings) – eight days
Processing times for FOIA requests for non-Alien-File materials using a two-track system:
- Track One – thirty days
- Track Two – forty-nine days
The sensitivity and volume of records usually impact processing times and the extent of the review process. Requesters may ask for expedited processing if their requests meet certain standards, including:
- Showing that a delay will pose an imminent threat to a person’s life or physical safety
- Showing an urgent need to inform the public about actual or alleged federal government activity
Help With Your FOIA Requests
It is essential to know your immigration history before filing for U.S. citizenship or a green card. Our skilled immigration lawyers are familiar with US citizenship laws and can have your record request processed quickly.
We are leaders in law and can help you obtain information from the following federal immigration agencies:
If the immigration office denies your FOIA request, we can advise you on your appeal rights and the required procedures for submitting an appeal. Our lawyers can also file an administrative appeal on your behalf.
Andrew T. Thomas, Attorneys at law are familiar with the Dallas Immigration Court and other immigration courts in Texas and can represent you in court if your appeal is denied.
