FOIA is the Freedom of Information Act that was created in 1966 by the United States government to give individuals the right to request access to the records of any federal government agency (ICE, FBI, USCIS). These agencies are required to provide the information unless it is protected by an exemption or is national security.

FOIA requests can be an important part of your immigration process so that immigration attorneys can build a strong case in your favor and also to make sure that you do not worsen your current legal situation in the US in any way.

What can I ask for under FOIA?

As the official FOIA website explains, you can request any agency record, and you can also specify the format in which you want to receive the records, whether printed or digital.

In immigration cases, it is very important to have this information handy, especially if you have been living in the United States illegally or have entered the country illegally multiple times. You may not remember the exact dates or circumstances that may be learned through these records and will be helpful to your immigration attorney.

For example, your immigration lawyer may know what immigration benefits you can apply for if he knows the details of your criminal record ahead of time, thus saving you from paying for something you won’t receive. You can even prevent yourself from being deported by providing personal information in an immigration petition.

How to make a FOIA request?

Before making a request, you will need to verify whether or not the information you are interested in is already public. Each agency’s website provides helpful information that is worth reviewing first. If what you are looking for is not publicly available, you can submit a FOIA request to the agency’s FOIA office. There is no special form to make this request.

Risks of making a FOIA request

There is normally no risk in filing FOIA as the Department of Homeland Security states that the purpose of this service is simply to locate and provide you with the information you requested. However, if the applicant never appeared at their immigration court hearing and a court order was issued, there may be a risk that Immigration and Customs Enforcement (ICE) may be contacted.

However, THERE ARE RISKS TO NOT SUBMITTING FOIA if you are immigrating to the United States and it involves 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 United States. The authorities.

Knowledge and information is everything and it will help you immensely with your case and will also be helpful to your San Diego, California immigration lawyer in determining and showing you all the options you have as an immigrant.

You could also be deported or lose some immigration benefits if you do not know your full criminal history. For example, if you apply for a family visa, ICE (US Immigration and Customs Enforcement) will compare your fingerprints against the database and decide if you are eligible for deportation based on your criminal record. This is possible to avoid if you have filed a FOIA request beforehand and realize that there may be a chance to have your record sealed or that there is a better immigration option for you.

How long will it take before I receive a response?

The agencies will respond in the order in which they receive the requests and the times will vary depending on the complexity of the request. Simple applications will take less time than complex applications that have more pages or need information from multiple agencies and can take up to 12 months to complete. However, expedited filing may be available for certain applications and your immigration attorney will be able to answer this question for you depending on your personal case.

Records you can request from USCIS

You may also request records from the United States Citizenship and Immigration Services (USCIS) under the Freedom of Information Act (FOIA), such as:

• Your immigration record;
• The immigration record of another person; either
• Non-A file information, such as USCIS policies, data, or communications.

However, you can check the USCIS Electronic Reading Room to confirm whether or not the records you request are already published. You can apply online and follow the instructions posted on the website. Try to be precise about what you need, as the more precise you are, the faster the records will be delivered to you.

Why is it important to contact an immigration lawyer to request FOIA?

Immigration can become a complex legal process and the best person with the proper knowledge who can help you is an immigration attorney. He/she will know what steps to take and when, as well as present you with all the options available to you, depending on your situation. The attorney is also aware of the potential dangers of making an immigration-related mistake, and since it is a process you have gone through numerous times, you reduce your risks by having an immigration attorney by your side.

The lawyer will also know which agencies you should file the FOIA with and if you really need to. For these and many other reasons that you can read on our blog, Kannan Law recommends contacting an immigration attorney in San Diego, California, so that each step you take is one with confidence.