FOIA is the Freedom of Information Act, which was created in 1966 by the United States government to grant individuals the right to request access to records from any federal government agency (ICE, FBI, USCIS).
According to this Act, these agencies are required to provide the requested information unless it is protected by an exemption or constitutes national security.
It is key to consider that FOIA requests can be an important input in your immigration process, as they will provide immigration attorneys with relevant information so they can build a solid case in your favor and also ensure that your current legal situation in the United States does not worsen in any way.
In this sense, it is essential that you have a legal team with extensive experience in immigration matters, such as those at Kannan Law, so that you can receive the advice and support you need to regularize your living situation in the United States.
As the official FOIA website explains, you can request any record from any federal government agency, and you can specify the format in which you wish to receive the records, whether printed or digital.
In immigration cases, it’s very important to have all this information, especially if you have been living illegally in the United States or have entered the country illegally multiple times. You may not remember the exact dates or circumstances of your entry into the United States, which can be learned through these records and will be useful to your immigration attorney.
With all these records, your immigration attorney, for example, can determine what immigration benefits you can apply for if they know the details of your criminal record in advance, thus avoiding paying for something you won’t receive. They can even prevent you from being deported by providing personal information in an immigration petition.
What are the risks of making a FOIA request?
There are typically no risks involved in filing a FOIA, as the Department of Homeland Security states that the purpose of this service is simply to locate and provide the requested information.
However, it is important to consider that if the requester never appeared at their immigration court hearing and a warrant was issued, there may be a risk that Immigration and Customs Enforcement (ICE) could be contacted.
Absolutely!
If you are immigrating to the United States and do not file a FOIA request, you run the risk of not remembering all the details of your immigration and criminal records, which could result in you not having a strong enough case to present to the authorities.
You could also be deported or lose some immigration benefits if you don’t know your complete criminal history. For example, if you apply for a family visa, ICE will compare your fingerprints with the database and decide if you are eligible for deportation based on your criminal record.
This can be avoided if you have filed a FOIA request in advance and realize that there may be a possibility of sealing your record or that there is a better immigration option for you.
Knowledge and information are everything and will help you immensely with your case and will also be useful to your immigration attorney in San Diego, California, as they will be able to determine and show you all of your options as an immigrant.
How to Make a FOIA Request?
Before making a request, you should check if the information you are interested in is already public. Each agency’s website provides helpful information that you should review first.
If what you are seeking is not publicly available, you can submit a FOIA request to the agency’s FOIA office. There is no special form for making this request, however, it is key that it be in writing.
How long will it take before you receive a response?
Agencies will respond in the order they receive requests, and times will vary depending on the complexity of the request. Simple requests will take less time than those with more pages or requiring information from multiple agencies; more complex requests can take up to 12 months to complete.
However, expedited filing may be available for certain requests, and your immigration attorney can answer this question for you depending on your individual case.
After submitting your request, you will receive a receipt notification letter within 3 to 5 business days with the tracking number, which will be an important resource for tracking your request.
You can also request records from the United States Citizenship and Immigration Services (USCIS) under the Freedom of Information Act (FOIA), such as:
- Your immigration record.
- Another person’s immigration record.
- Non-A-file information, such as USCIS policies, data, or communications.
We suggest you first consult the USCIS webpage to confirm whether the records you are requesting are already posted. You can make your request online and follow the instructions posted on the website. Try to be precise about what you need, as the more specific you are, the faster your records will be delivered.
Why is it important to contact an immigration attorney to request a FOIA?
Immigration can be a complex legal process, and the best person with the appropriate knowledge to help you is an immigration attorney. They will know what steps to take and when and will present all the options available to you, depending on your situation.
The attorney is also aware of the potential dangers of making a mistake related to an immigration case because it is a process they have already gone through numerous times. That’s why you reduce the risks by having an immigration attorney on your team.
The attorney will also know which agencies you should file the FOIA with and if you really need to do so.
For these and many other reasons, Kannan Law recommends contacting an immigration attorney in San Diego, California, so that every step you take is one you can take with confidence.
Frequently Asked Questions
What information can I request through FOIA regarding immigration matters?
You can request immigration records such as A-Files, entry and exit histories, USCIS decisions, ICE detention records, and documents filed in your immigration case.
How long does an immigration FOIA request take to process?
The time varies by agency and caseload, but it can generally take between 3 and 12 months. Urgent cases may qualify for expedited processing.
Can I request my own immigration records through FOIA if I am in removal proceedings?
Yes, and it is recommended to do so to understand your immigration history. If you have a hearing before an immigration judge, you can request your A-File to review your case.
Will FOIA help me find out if I have a deportation order?
Yes, a FOIA request to EOIR (Executive Office for Immigration Review) or ICE can reveal whether you have a deportation order and other details about your case.
Do I need a lawyer to file an immigration FOIA request?
It’s not mandatory, but an immigration attorney can help you draft the request correctly and analyze the documents received to use them to your advantage.