USCIS Freedom of Information Act (FOIA) Requests

1. How do I request information through the USCIS FOIA process?


To request information through the USCIS FOIA process, you must submit a written FOIA request. Your request should include your name, address, and telephone number; a description of the records you are requesting; and the date range of the records you want. You can mail your request to the USCIS FOIA Office or submit it electronically. All FOIA requests must include the phrase “Freedom of Information Act Request” in the subject line or as the first sentence in the body of the request letter.

2. What types of records can I request through the USCIS FOIA process?


The USCIS FOIA process can be used to request many types of records including immigration and naturalization records, Form I-9 Employment Authorization Verification records, decision documents, policy documents, and other administrative records.

3. How long does it take to receive a response to my FOIA request?


The amount of time it takes to receive a response to a FOIA request can vary significantly depending on the complexity and volume of the request, as well as the availability of staff to process the request. Generally, the agency should respond in 20 business days.

4. Is there a fee for filing a USCIS FOIA request?


Yes. The fee for filing a USCIS FOIA request is $35. There may be additional fees depending on the size of the request and/or the type of records requested.

5. What is the fee limit for filing a USCIS FOIA request?


The fee limit for filing a USCIS FOIA request is $30.

6. How do I check the status of my USCIS FOIA request?


You can check the status of your USCIS FOIA request by logging into the USCIS FOIA portal, entering your case or application number, and clicking on the “Case Status” tab. You can also call USCIS’s National Customer Service Center at 1-800-375-5283 for assistance.

7. How can I amend or update my USCIS FOIA request?


If you need to amend or update a pending USCIS FOIA request, you must submit a new FOIA request, referencing the original request (with the assigned tracking number). You should explain why you are amending it and what changes you are making. The amended request must include updated contact information, in case USCIS needs to contact you for additional information or clarification. Your amended request will be considered a new request, and will be assigned a new FOIA request number.

8. Can I appeal a denial of my USCIS FOIA request?


Yes. If your FOIA request is denied, you can appeal the decision to the USCIS Chief FOIA Officer within 30 days of receiving the denial. If you are still not satisfied with the outcome of your appeal, you can then appeal to the Office of Government Information Services (OGIS) within 180 days of receiving the denial.

9. How long do I have to appeal the denial of my USCIS FOIA request?


Generally, an appeal must be made within 90 calendar days of the date of the letter that denied your original request. You can find more information about the appeals process by visiting the USCIS website.

10. Can I submit a FOIA request for personal records?


Yes, you can submit a FOIA request for personal records. However, you may have to provide proof of identification or other documentation to verify your identity and/or relationship to the individual whose records you are requesting. You may also be required to pay fees for processing and copying of the requested documents.

11. What are the requirements for making a USCIS FOIA request for personal records?


In order to make a USCIS FOIA request for personal records, you must provide a written request, the full name, approximate date of birth, alien registration number (if known), and a clear and concise description of the records you are requesting. Additionally, you must provide a check or money order made out to the “U.S. Department of Homeland Security” for the fee associated with the request. Please note that if you are requesting records relating to yourself or your immediate family members, you may be eligible for a fee waiver.

12. Can I submit a FOIA request for records related to an immigration case or application?


No. FOIA requests should only be used to obtain records from federal government agencies. Immigration cases and applications are handled by the U.S. Citizenship and Immigration Services (USCIS) which is a part of the Department of Homeland Security (DHS). To access records related to immigration cases or applications, you would need to request them from the USCIS or DHS using their respective procedures.

13. What are the requirements for making a USCIS FOIA request for records related to an immigration case or application?


To make a USCIS FOIA request for records related to an immigration case or application, you should include the following information:

– Your full name
– Your date of birth
– The alien registration number (A-number) associated with the case or application
– The full name of the individual whose records are being requested (if applicable)
– A detailed description of the immigration records you are requesting
– Any other identifying information that may help USCIS to locate the records
– Your contact information (phone number, mailing address, and/or email address)
– A check or money order for any applicable fees.

14. Can I submit a FOIA request for records of other government agencies?


Yes, you can submit a FOIA request for records from other government agencies. However, each agency has its own process for submitting and responding to FOIA requests, so you will need to follow the specific guidelines of that particular agency.

15. Does my FOIA request need to be in writing?


Yes, all FOIA requests must be in writing.

16. Can I submit a FOIA request electronically?


Yes, you can submit a FOIA request electronically. Many government agencies provide online forms to submit your request. Otherwise, you can contact the agency directly and inquire about electronic submission options.

17. Are there any restrictions on the type of information I can obtain through the USCIS FOIA process?


Yes. USCIS is subject to certain privacy laws and regulations, so certain types of information cannot be released. For example, USCIS cannot release an individual’s immigration status or documents related to a pending immigration case. Additionally, some records may be considered confidential and are not available to the public, such as records related to national security.

18. What if I cannot find the records I am seeking through the USCIS FOIA process?


If you are unable to locate the records you are seeking through the USCIS FOIA process, you may contact the FOIA Public Liaison for assistance. The FOIA Public Liaison can provide guidance on how to submit a FOIA request, or can assist in resolving any issues that arise during the FOIA request process.

19. How do I challenge a denial of my USCIS FOIA request?


You can challenge a denial of your USCIS FOIA request by filing an administrative appeal with the USCIS FOIA office. This can be done by sending a letter explaining why you believe the denial was wrong and requesting that it be overturned. You must include your name, address, contact information, FOIA request number, and any other documents relevant to the denial. The letter should be sent to the USCIS FOIA Public Liaison at: United States Citizenship and Immigration Services, Attn: FOIA Public Liaison, 20 Massachusetts Avenue NW, Washington, DC 20529.

20. Is there an administrative appeals process for denied USCIS FOIA requests?


Yes, an administrative appeals process is available for denied FOIA requests. If the USCIS does not approve a FOIA request, the requester may file an administrative appeal with the USCIS Disclosure and FOIA Public Liaison. If the requester is still unsatisfied with the response, it may then file an appeal to the Office of Government Information Services.