how a lawyer makes a foia request for non immigrant

by Kimberly Waters 6 min read

Can a US Attorney request information under the freedom of Information Act?

The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax. See the list of federal agencies for details about how to make a request to each agency and any specific requirements for seeking certain records.

How do I submit a FOIA request to the federal government?

Jun 24, 2021 · If you have a FIRST USCIS online account, login and you will be taken to the page “Submit a FOIA or PA Request.” If you do not have a FIRST USCIS online account, you will need to create one. Select whether you are requesting records for yourself or on behalf of someone else. Select Freedom of Information Act (FOIA)/Privacy Act (PA) as Request Type.

What is the freedom of Information Act (FOIA)?

Jun 25, 2017 · Hi, Can we make a FOIA request for Non-immigrant visa application from USCIS on a person who is currently a Permanent Resident? My spouse came to US in L1 visa in 2011 and we are now a Green card holders, we would like to verify the data that we provided while applying DS-160 in 2011 before our N400 petition.

What do you need to know about FOI advocacy?

Understanding the FOIA Process. Individuals typically need to fill out Form G-639 (Freedom of Information/Privacy Act Request) if they want to get information through the FOIA process, though other forms may be needed for requesting certain types of information. It is vital that this form is filled out correctly, as any mistakes or missing information can result in a request being …

Can a non US citizen make a FOIA request?

Any person can file a FOIA request, including U.S. citizens, foreign nationals, organizations, universities, businesses, and state and local governments.

How do I request a FOIA for immigration?

Email the USCIS FOIA Program, or send us a fax at 802-860-6908 or 816-350-5785. Please note that we can only answer questions about FOIA or PA requests. We cannot help with, or respond to, questions about pending applications, petitions, or any other immigration matter.Feb 1, 2022

Can FOIA get you deported?

FOIA is just another example of that and stands for “Freedom of Information Act.” Knowing how to request one and having the right attorney review it could be the key to winning your immigration case or losing and getting deported.Jan 11, 2017

How long does a FOIA immigration request take?

Normal - These are usually processed in six to twenty workdays. Complex - requests that involve the entire contents of a case file, or that require extensive search, review, referral, consultation, and analysis. These can be processed in twenty-one to sixty workdays.

What can you ask for in a FOIA request?

What information is available under the FOIA?Classified national defense and foreign relations information.Internal agency rules and practices.Information that is prohibited from disclosure by another law.Trade secrets and other confidential business information.More items...

How long KEEP US immigration records?

As a rule of thumb, most companies retain a copy of each employee's immigration file for five years beyond their final termination date.May 2, 2014

Why is my FOIA request taking so long?

Under the FOIA, a component may extend the response time for an additional ten business days when: (1) the component needs to collect responsive records from field offices; (2) the request involves a "voluminous" amount of records which must be located, compiled, and reviewed; or (3) the component must consult with ...

What is ICE FOIA?

The ICE Commitment to Openness. The U.S. Immigration and Customs Enforcement (ICE) Freedom of Information Act Office (FOIA) will have limited access for processing incoming physical mail due to the national response to COVID-19.Jan 27, 2021

What is FOI immigration?

The Freedom of Information Act 1982 (FOI Act) gives you a general right of access to information held by us and other Commonwealth agencies (departments and authorities). Under the FOI Act, you have a legal right (subject to some exceptions) to see documents we hold and get copies of those documents.Dec 17, 2019

How much does a FOIA request cost Uscis?

In most cases, there is no cost for an immigration FOIA request with Form G-639, Freedom of Information/Privacy Act Request. Generally, U.S. Citizenship and Immigration Services (USCIS) will not charge a fee if the request is very simple.Jun 28, 2021

How do I check my FOIA status?

To check the status of your FOIA request, please contact the FOIA Requester Service Center of the Treasury Bureau that is processing your FOIA request. If you submitted a request to the Office of the Comptroller of the Currency, you may check the status of your request online by accessing OCC's Public Access Link.

How do I check my immigration status?

To get basic information about the status of your immigration application online, go to the USCIS Case Status Online page and enter your receipt number. It's a good idea to also sign up for case updates from USCIS by creating an account (on the same page).

What is the FOIA in immigration?

government has in your immigration file. Through the Freedom of Information Act (FOIA), you have the right to access this information.

What is the G-639 form?

Individuals typically need to fill out Form G-639 (Freedom of Information/Privacy Act Request) if they want to get information through the FOIA process, though other forms may be needed for requesting certain types of information. It is vital that this form is filled out correctly, as any mistakes or missing information can result in a request being delayed or denied. While most immigration-related FOIA requests are made through U.S. Citizenship and Immigration Services (USCIS), there may be situations in which a request should be made through a different federal agency.

What happens when a DOJ component receives a FOIA request?

When a DOJ component receives your FOIA request, it ordinarily will send you a letter acknowledging the request and assigning it a tracking number. If the component requires additional information from you so that it can begin processing your request, it will contact you.

What is the name of the agency that handles FOIA requests?

In addition, there is now an office established within the National Archives and Records Administration called the Office of Government Information Services (OGIS), which offers mediation services to FOIA requesters as an alternative to litigation. Using OGIS’s services does not preclude you from filing a FOIA lawsuit.

What is the DOJ?

DOJ is organized into a number of bureaus, divisions, offices, and boards, which are referred to as "components.". Within DOJ, each component processes its own records in response to FOIA requests. Therefore, your request will receive the quickest possible response if it is addressed directly to the component that you believe has ...

How to get greater access to a deceased person's records?

You may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. § 1746 by that individual authorizing disclosure of the records to you, or by submitting proof that the individual is deceased.

Does the government have a FOIA office?

There is no central office in the government that processes FOIA requests for all federal departments and agencies. Therefore, before sending a request to the Department of Justice you should determine whether DOJ is likely to have the records you are seeking.

Does FOIA require agencies to do research?

You should be aware that the FOIA does not require agencies to do research for you, to analyze data, to answer written questions, or to create records in response to a request. Back to Top.

Can a component affirm a component's action?

It may affirm the component' s action in full, in which case it will typically identify the reason why the component's action was proper. Alternatively, it may affirm part of the component's action, but otherwise "remand" the request in part for the component to take some further action.

The FOIA Process

The Freedom of Information Act (FOIA) requires either full or partial disclosure of previously unreleased information that is controlled by the United States government.

Exceptions to FOIA

There are certain exemptions where a requested document cannot be released:

When You Need an FOIA Attorney

FOIA Attorney Kerrie Campbell has been dealing with FOIA requests, appeals, and litigation for 30 years. A Washington, DC career professional, Attorney Campbell has decades of knowledge and experience with various federal agencies’ practices and procedures that set her apart.