How to File a USCIS FOIA Request for Your Immigration File

A USCIS FOIA request is the only reliable way to see your own immigration file, and getting it right the first time matters because a defective request comes back months later as a “no records” letter. The request itself is short. What makes the difference is identifying the right person precisely, proving you are that person, asking for the right scope, and placing the request in the correct processing track. This is how we prepare them at Capitol Law Partners, where the immigration FOIA practice files requests for clients before naturalization applications, waivers, asylum filings and removal defense.

Decide what you are asking for

USCIS keeps a master file on every noncitizen who has had contact with the agency or its predecessor, called the Alien File or A-file, indexed by A-number. Most people should request the complete A-file. If you only need one item, such as a copy of a prior I-130 approval notice or an old asylum decision, you can ask for a specific record and the request will be processed faster. What is in your A-file explains what a full file contains, and why the full file is usually the right choice when you do not know your own history well.

Records held by other agencies are not in the A-file and need separate requests: the immigration court’s record from EOIR, entry and inspection records from CBP, detention records from ICE, and visa records from the State Department.

Where to file: online or Form G-639

USCIS accepts FOIA requests through its online FOIA system, which creates an account, lets you upload identity documents and consent forms, and delivers the response as a downloadable file. It also accepts Form G-639, Freedom of Information/Privacy Act Request, by mail or email. The form is optional; any written request with the required information is valid. We use the online system for speed and tracking, and the form when a client cannot create an account. There is generally no fee for an individual requesting their own file unless the request is unusually large, and USCIS will tell you before charging anything.

What to put in a USCIS FOIA request

• Full name, every other name you have used, date and country of birth, and your A-number if you have one. Receipt numbers from prior cases help the search.
• Verification of identity. Because the file is about you, the request must be signed under penalty of perjury or notarized. Form G-639 includes the required language; the online system handles it through the account and a signed certification.
• The scope: complete A-file, or the specific documents you want, described clearly.
• If a lawyer is filing for you, a signed Form G-28 and your consent so that the records are released to the lawyer.
• If you are requesting records about another person, such as a parent or spouse, that person’s written consent signed under penalty of perjury or notarized, or proof of death.
• If you have a hearing scheduled in immigration court, a copy of the Notice to Appear or hearing notice, which qualifies the request for accelerated handling.

Processing tracks and how long to expect

USCIS sorts requests into three tracks: simple requests for specific documents, complex requests including full A-files, and an accelerated track for people in removal proceedings with a scheduled hearing. The statute gives agencies 20 working days to respond, extendable by 10 in unusual circumstances, but complete A-file requests routinely take longer. You will receive a control number; use it to check status online. Expedited processing outside the accelerated track is available only on a showing that delay threatens life or safety or would cause the loss of substantial due process rights, and must be requested in writing with an explanation.

What comes back and how to read it

The response is a large electronic file of scanned pages, often hundreds, in rough reverse chronological order and not indexed. Expect redactions, each marked with the exemption claimed: internal deliberations, third parties’ personal information, and law enforcement techniques are the most common. Read the file with a timeline in hand. Match every application you remember filing to its receipt, decision and supporting documents. Look for anything you do not recognize: a sworn statement, a Notice to Appear, a prior order, an application filed by a former employer or a prior spouse, or a different spelling of your name. Those are the items that decide whether a planned filing is safe. Our removal defense team reads these files for exactly those surprises.

If the response is wrong or never comes

A “no records” response usually means a mistyped A-number, a name variant, or a file held at another component, and a corrected request fixes it. If redactions seem improper, an administrative appeal is available within the deadline stated in the letter, generally 90 days. If the agency simply does not respond within the statutory time, you may go to federal court without further steps; when you can sue over an ignored FOIA request explains that remedy and what the court can order.

If you are planning an application and are not sure what USCIS already has on file, a consultation with Capitol Law Partners can get the right request filed and the results read before you commit. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Sena Sahin. Clear advice for individuals, families, and business owners.

Need help with this topic? See our immigration FOIA requests page or schedule a consultation.