Trusted Legal Help for FOIA Requests
If you need to obtain information from U.S. immigration agencies such as USCIS, ICE, or CBP to support your immigration case, you can file a Freedom of Information Act (FOIA) request. A FOIA request allows you to access your immigration records, including visa applications, deportation records, and past decisions. A trusted immigration lawyer at Martinez Immigration can guide you through the process and ensure you get the records you need quickly and accurately.
Who may need an immigration attorney for FOIA Request ?
An immigration request lawyer can assist with:
- Filing a FOIA request with USCIS, ICE, CBP, EOIR, or the Department of State
- Retrieving immigration records, including visa applications and deportation orders
- Obtaining court records and previous immigration decisions
- Tracking FOIA processing times and responding to delays
- Handling FOIA denials and filing appeals
- Using FOIA records to support asylum, adjustment of status, and removal defense cases
Not sure which agency holds your records?
An immigration lawyer can identify the right agency and file the correct request.
What is a FOIA Request?
The Freedom of Information Act (FOIA) allows individuals to request access to federal government records. In immigration cases, FOIA requests are commonly used to obtain records from:
- U.S. Citizenship and Immigration Services (USCIS)
- Green card applications, adjustment of status forms, and naturalization records.
- Approval or denial notices and request for evidence (RFE) records.
- Immigration and Customs Enforcement (ICE)
- Detention records, removal orders, and enforcement actions.
- Customs and Border Protection (CBP)
- I-94 arrival and departure records.
- Border entry and exit records.
- Executive Office for Immigration Review (EOIR)
- Immigration court decisions and hearing transcripts.
- BIA (Board of Immigration Appeals) decisions.
- Department of State (DOS)
- Visa applications and consular processing records.
Types of Immigration FOIA Requests
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- Used to obtain records related to green card, naturalization, and visa applications.
- Helpful for understanding the history of previous denials or delays.
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- Used to obtain records of immigration enforcement actions, detention, and deportation orders.
- Helpful for building a removal defense case.
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- Used to obtain I-94 records, border crossing history, and customs-related information.
- Helpful for proving continuous residence or lawful entry.
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- Used to obtain immigration court decisions and transcripts.
- Helpful for preparing an appeal or reopening a removal case.
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- Used to obtain visa applications and consular decisions.
- Helpful for understanding why a visa application was denied.
How to Apply for a FOIA Request Process
Identify the Right Agency
Your lawyer will determine which agency holds the information you need.
File the FOIA Request
Complete and submit the correct FOIA form (G-639 for USCIS) or an online request.
Provide Supporting Documentation
Include proof of identity and any case-specific information.
Track Processing
FOIA requests typically take 4–8 weeks but may take longer depending on the agency.
Receive Records
The agency will release the requested records unless they are protected by legal exemptions.
Appeal (if necessary)
If the agency denies the request, you may file an appeal or a lawsuit to compel disclosure.
FOIA requests are often delayed or denied due to missing information or incorrect filings. A lawyer can help prevent these issues.
Required Documentation
Proof of Identity
Passport, birth certificate, or government-issued ID.
Signed Authorization
If you are requesting records for someone else.
Alien Registration Number (A-Number)
If applicable.
Case Number or Receipt Number
If requesting specific USCIS or EOIR records.
Proof of Relationship
If you are requesting records for a family member.
Detailed Description of Records
Include dates, locations, and case details to improve accuracy.
Common FOIA Challenges & Legal Solutions
Challenges
Solutions
Missing Records
If the agency reports missing records, it may delay or deny your request.
A lawyer can file a follow-up request or appeal to request a more thorough search.
Partial Release of Records
Agencies may redact or withhold certain information under legal exemptions.
A lawyer can file an appeal to challenge the redactions.
Processing Delays
Some FOIA requests face significant backlogs.
A lawyer can request expedited processing for urgent cases.
Denial Based on Privacy or Security Grounds
Certain records may be withheld due to national security or privacy laws.
A lawyer can appeal the denial or narrow the request to avoid restricted information.
Additional Resources
Frequently Asked Questions
How long does it take to get a FOIA response?
Most FOIA requests are processed within 4–12 weeks, but backlogs can cause delays.
Can I request records for someone else?
Yes, but you must have their signed authorization.
What happens if my FOIA request is denied?
You can file an appeal or a lawsuit to challenge the denial.
Can I request my I-94 travel history through FOIA?
Yes, you can file a FOIA request with CBP for I-94 records.
Can I use FOIA records to support an immigration case?
Yes, FOIA records can be used to support asylum, adjustment of status, and removal defense cases.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your FOIA request? A trusted immigration lawyer at Martinez Immigration will guide you through the process and ensure you receive the information you need.