My father, LPR, filed a visa petition for me, adult son, in April 2009. By December 2009 it was approved. Last month I received an NVC letter asking if I want to "pursue my immigrant visa application", I am sending the form that YES I want to pursue it. . Unfortunately in 2008 I was caught while attempting to EWI at the border. I am told I need to request a FOIA to see what rally transpired during my border detention. BUT, I am afraid to send a FOIA request.
You should do the FOIA (and FBI fingerprint check) to confirm what happened at the border in 2008. But if you got caught while attempting to re-enter the US after being here for more than one year (as opposed to coming here for the 1st time), they you would be subject to the permanent bar, and whether or not you confirm the incident through FOIA/FBI prints won't change the inadmissibility. You should work with an experienced immigration attorney.
A FOIA request through an attorney will help
To be "safe", its always better when an attorney files that FOIA and gives his/her office address instead of yours.
The current administration's policies are creating uncertainty, but life continues. The information obtained from FOIA requests is often invaluable in helping immigration attorneys advise their clients. If your attorney is recommending that you make a FOIA request, it is far more likely that the very real benefits obtained from the information outweigh hypothetical risks.
Well... Our guess is as good as yours in this.
If an attorney suggested you file a FOIA, then you should seriously consider doing that. The FOIA is a Freedom of Information Act Request. The government already has all of the information you are requesting from them, so if there is a record of your EWI, they already know it. The person who doesn't know what is in your immigration record is you. I would definitely have an attorney review the FOIA response with you and you may want to have an attorney submit the request.