The Freedom of Information Act (FOIA) is a federal law that allows a person to access personal records from the U.S. government agency that created or maintained those records. The information contained in these government records might be critical to helping you apply for an immigration benefit or fight against removal or deportation from the United States.
Knowing how to file a FOIA request correctly will help the agency process your request more quickly. Even so, the processing time can often be several months long, and the results might not include all of the information you need; at least, not in the first request.
First, realize that the federal government does not have a main office that processes FOIA requests for all federal departments and agencies. Instead, each federal department and agency responds to people requesting copies, by delving into its own records.
Also be ready for the fact that you might need to file FOIA requests with several different agencies in order to get all the information you want or need.
To deal with these realities, start by making a list of all the information you might need; for example, dates you cannot remember or documents that have been lost or destroyed. The types of information about your immigration history you can ask for includes, for instance, petitions or applications for immigration benefits, records of your entries and exits from the United States and any apprehensions or detentions at or near a border, and transcripts of court hearings and/or copies of decisions.
United States Citizenship and Immigration Services (USCIS) is the federal agency charged with handling and deciding upon most immigration petitions and applications for benefits, such as citizenship, permanent residence (a “green card”), asylum, and employment authorization.
Note, USCIS has existed only since 2003, which is when the Immigration Naturalization Service (INS) was restructured. Therefore, you might see older records issued by the “INS”.
United States Immigration and Customs Enforcement (ICE) is the law enforcement agency charged with investigating and enforcing immigration laws, including apprehending and detaining people who lack status or permission to be in the U.S., issuing immigration warrants, and making arrests for immigration violations and certain criminal activities.
United States Customs and Border Enforcement (CBP) is the law enforcement agency in charge of supervising all borders and ports of entry by land, air, and sea. CBP holds records of travelers' entries and exits, apprehensions and detentions at or near the border, and uses of advance parole.
Someone might have both ICE and CBP records, if the person entered the United States at a port of entry, for example, and then was detained by CBP for an immigration violation and later transferred to a detention center maintained by ICE.
The Office of Biometric Identity Management (OBIM) is an immigration agency that assists in maintaining the biometric (fingerprint) information for immigration law enforcement agencies to investigate and enforce immigration laws. Created in 2013, OBIM replaced the United States Visitor and Immigration Status Indicator Technology (US-VISIT) program that formerly held records of entries and exits, apprehensions, detention, and removal.
The Executive Office for Immigration Review (EOIR) is the agency in which judges decide whether someone can remain in the United States lawfully or must be deported. EOIR holds all records of current deportation, removal and/or exclusion proceedings, orders by the judge, and decisions.
The Federal Bureau of Investigations (FBI) is not an immigration agency; however, the FBI does hold criminal and immigration records. In some cases, the FBI may hold records of past removal orders, expedited removal, voluntary departure, and other immigration information that’s no longer held by the immigration agency that first handled it. FBI background checks (formally called Identity History Summary Checks) can be helpful where someone has used a false name or other incorrect identifying information, because the FBI background check is based on biometric information (fingerprints) instead of biographic information (name and date of birth).
Once you have identified which agency holds the records you need, you can make a request in writing to it.
For requests to USCIS or ICE, you can make a FOIA request through online submission, email, or by letter.
To make an online submission, visit Department of Homeland Security FOIA. Under ‘Description,’ include your full legal name, alias (if any), maiden name (if any), date of birth, alien registration number (if known), and list of specific records you would like copies of. For example, you can ask for specific documents like “I-130 Approval Notice” or, if you are unsure what specific documents you need, ask for the “entire A-file.”
To make a request by email or letter, you should include the language “Freedom of Information Act Request” in the subject line or header. Although not required, Form G-639 helps you to provide all of the information to USCIS that it will need to process your request. Form G-639 is available for free online. The following description refers to the 04/17/2017 version of the form.
In Part 1, for Type of Request, mark the first checkbox 1.a., “Freedom of Information Act/Privacy Act.”
In Part 2, for Request Information, mark “yes” if you are filling this out for your own records.
In Part 3, for Information About Other Family Members, include spouses, parents, or children who might appear in your records; if, for example, your spouse filed an application on your behalf.
In Part 3, for Description of Records Sought, include a list of specific documents, with details such as relevant dates and receipt numbers, as available.
In Part 4, list your name again as you did in Part 3, Question 2.a., because you are filling this out for your own records. In limited circumstances, you or an authorized representative, like an attorney, can request immigration records for someone else. If you are making a request for someone else, list that individual’s name in Part 4.
In Part 4, for Signature and Notarized Affidavit or Declaration of Subject of Record, mark 8.b. “Declaration under Penalty of Perjury” and sign below on the line. You do not need to have this Form notarized.
You can find the correct address for email or physical mail on the How to File a FOIA/PA Request page of the USCIS website.
For the addresses for email or physical mail to ICE, check the Submitting FOIA Request page of the ICE website.
For requests to CBP, you can do an online submission at its New Request page. Under ‘Description,’ include your full legal name, alias (if any), maiden name (if any), date of birth, country of birth, alien registration number (if known), parents’ names (if known) and list of specific records you would like copies of, including any relevant dates of contact with CBP.
You can make a FOIA request of OBIM by either online submission, email, or letter. To make an online submission, visit the DHS FOIA/Privacy Act Submission Request Form page and follow the instructions outlined above.
The best practice is to make a request by letter with Form G-639 and two original FD-258 FBI Applicant Fingerprint Forms, so that the agency can search both your biometric and biographic information for the best and most accurate results.
The correct address for sending physical mail to OBIM is on its website under FOIA Contacts.
FOIA requests to EOIR can be made either by email or letter. You must include Form DOJ-361, Certification of Identity, containing your original signature. This form does not need to be notarized or witnessed, and is free online.
To find the correct address for sending email or physical mail to EOIR, check its website under Contact Information.
For making requests to the FBI, you can do so by online submission or by letter. You must include the FBI Applicant Request Form (available for free online) and the FD-258 FBI Applicant Fingerprint card. You will need to send the original FD-258 Applicant Fingerprint card to the FBI by mail for processing whether you submit your request online or by letter. However, the current processing time for online submission is often weeks faster.
For online submission, enter your email address in order to complete the FBI Applicant Request Form and submit payment online. Because the FBI Background Check is not under FOIA, there is a fee of $18 (2019 figure). Once you have completed the Request Form online, you will receive a confirmation email to print out and mail with your FD-258 to:
FBI CJIS Division
ATTN: ELECTRONIC SUMMARY REQUEST
1000 Custer Hollow Road
Clarksburg, WV 26306
