Use the FOIA to get a copy of your immigration file from the USCIS, ICE, CBP or the Immigration Court (EOIR).
This can be very important when you want to apply for an immigration benefit, and have had some dealings with the agency in the past. Even more important if you are in removal proceedings before an Immigration Judge.
Imagine that you once applied for asylum, but you stopped renewing you employment card years ago. 
Now you are married to a citizen of the U.S. and have a citizen child, and you want to apply for permanent residence. Your file might reveal that you are under a final order of deportation, that the Judge “administratively closed” your case, or that your case never went to court at all. You definitely want to know what happened to your application BEFORE you apply for a green card.
Reviewing your government file is like taking a peek at your opponent’s cards before you place your bet in a poker game.
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You can submit a FOIA request online using the new Freedom of Information Act Records SysTem (FIRST) to request:
- Your own immigration record,
- Another person’s immigration record, or;
- Non-A-file information such as policies, data, or communications
Using FIRST eliminates the time and expense associated with mail-in requests.
Our Freedom of Information Act Page is divided into the following subtopics:
- The Benefits of Using the Freedom of Information Act
- Freedom of Information Act
- Citizenship and Immigration Services (USCIS)
- Department of Homeland Security (DHS)
- Immigration and Customs Enforcement (ICE)
- Customs & Border Protection (CBP)
- Executive Office for Immigration Review (EOIR)
- Department of Justice (DOJ)
- Department of State (DOS)
- Department of Labor (DOL)
- Social Security Administration (SSA)
- Practice Advisories from the American Immigration Council (AIC)
The Benefits of Using the FOIA
Freedom of Information Act Laws and Litigation
- Freedom of Information Act – Text of the Law (USCIS)
- The FOIA Blog
- Privacy Act – Text of the Law (USCIS)
- Chief FOIA Officer 2015 DHS Report (4-8-15)
- Senator Leahy’s Press Release on The OPEN Government Act of 2007
- A Citizen’s Guide On Using the Freedom Of Information Act And The Privacy Act Of 1974 To Request Government Records (House of Representatives) (2005)
- Strategies for Obtaining Documents from the Government During Removal Proceedings
Citizenship and Immigration Service (USCIS)
- FOIA Page
- FOIA Request Status Check
- USCIS Expands FIRST: A Fully Digital FOIA System (6-25-19)
- USCIS to Implement Online Processing of FOIA Requests (5-30-18)
- USCIS FOIA/Privacy Act Processing Guide (9-27-13)
- USCIS Launches New Track for Processing FOIA Requests (2-28-07)
- USCIS Fact Sheet: Freedom of Information Act (2-28-07)
- Major Immigration Information Systems
- Freedom of Information Act-CD Pilot Program for Attorneys and Representatives
Department of Homeland Security (DHS)
- Accessing DHS Records Through the Freedom of Information Act
- How to Submit a Freedom of Information act Request
Immigration and Customs Enforcement (ICE)
Customs and Border Protection (CBP)
Executive Office for Immigration Review (EOIR)
- FOIA Contact Information
- How To Submit A Freedom of Information Act Request (includes Appeal Information)
Department of Justice (DOJ)
- Links To All DOJ Agencies – Freedom of Information Act Pages
- DOJ’s Freedom of Information Act Reference Guide (Includes “Appeals” and “Judicial Review”)
Department of State (DOS)
Department of Labor (DOL)
- Freedom of Information Act
- DOL’s Freedom of Information Act Guide (Includes Freedom of Information Act Requests, Appeals & Judicial Review)
- Privacy Act Regulations (DOL)
Social Security Administration (SSA)
Practice Advisories from the American Immigration Council (AIC)
- The Freedom of Information Act for Immigration Lawyers (02-13-17)
- The Fugitive Disentitlement Doctrine: The Freedom of Information Act and Petitions for Review (04-29-13)
- Dent v. Holder and Strategies for Obtaining Documents from the Government During Removal Proceedings (06-08-12)
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Carl Shusterman
Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a firm specializing exclusively in US immigration law. He is a Certified Specialist in Immigration Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in the February 2018 edition of SuperLawyers Magazine.
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