These are two important U.S. laws that give you the right to access government information:

  • The Freedom of Information Act (FOIA): This law allows any member of the public, including you, to request access to records from federal agencies. This helps ensure government transparency.
  • The Privacy Act (PA): This law focuses on protecting your personal information. If you are a U.S. citizen or a lawful permanent resident, the PA allows you to access and request corrections to records that the government keeps about you.

What kind of records can you request from USCIS?

Under these laws, you can request:

  • Your own immigration records: This could include your A-file (Alien file), applications, and other documents related to your immigration history.
  • Someone else’s immigration records: You can do this if you have their written permission.
  • Agency policies, data, communications, and other records: This could include information about how USCIS operates, its rules, or general data.

How to make a request:

  1. Be specific: Clearly describe the records you need. Instead of asking for “everything,” specify dates, document types, or the subject of the records. The more specific you are, the faster USCIS can respond.

  2. Make separate requests: If you need records for multiple people, send a separate request for each person, even if they are related.

  3. Use the online system (Recommended): The fastest and easiest way to make a request is through the USCIS online FOIA system. You can track your request and receive responses electronically.

  4. Form G-639 (Optional): If you prefer to send your request by mail, you can use Form G-639, “Freedom of Information/Privacy Act Request”. You can download it from the USCIS website. However, using the online system is generally faster.

  5. What to include in your request:

    • Your name and contact information (address or email).
    • A clear description of the records you want.
    • If you’re asking for your own records, include a statement of your identity, signed under penalty of perjury or notarized.
    • If you’re asking for someone else’s records, include their name, a statement of their identity (with signature), and a release statement giving you permission to access their records (also signed).

What happens after you send your request?

  • USCIS will send you an acknowledgment letter.
  • They will process your request, which may involve searching for and reviewing records.
  • They will send you a response, usually with records provided on a CD.

Important points:

  • USCIS might redact (black out) parts of documents that are protected by law (for example, to protect someone’s privacy).
  • Requests for specific documents are usually processed faster than requests for large sets of records (like an entire A-file).
  • There are no fees to make a FOIA or PA request.

For further guidance, contact us. Our expert consultants are always there for you to give a systemic idea about all kinds of immigration terms.