Immigration FOIA Attorney: USCIS, ICE, CBP and EOIR Records Lawyers
Before you file a new application, defend a removal case or apply for citizenship, you need to know exactly what the government already has on you, and a Freedom of Information Act request is how you find out. Capitol Law Partners prepares and tracks FOIA requests to USCIS, EOIR, CBP, ICE, the Department of State and the FBI, reads the results with a lawyer's eye, and sues in federal court when an agency does not respond.
Why the FOIA request often comes first
Clients frequently do not know their own immigration history. A hearing notice may have gone to an old address and an in absentia removal order entered without the person's knowledge. A border encounter years ago may have produced a sworn statement or an expedited removal order. USCIS may hold a prior application with answers that contradict what you plan to say now. Filing without that knowledge invites a denial, a fraud finding or a referral to immigration court.
Which agency holds which records
- USCIS holds the Alien File, or A-file: every application and petition filed with legacy INS and USCIS, the decisions, interview notes, sworn statements and records from other DHS components. Requests are filed online through the USCIS FOIA system or on Form G-639.
- EOIR, the Executive Office for Immigration Review, holds the Record of Proceedings for every immigration court case: the Notice to Appear, exhibits, hearing recordings, the judge's decision and any Board of Immigration Appeals filings. Case status and hearing dates are also available through EOIR's automated case information system.
- CBP, Customs and Border Protection, holds entry and exit records, I-94 history, inspection records including secondary inspection notes, and expedited removal and withdrawal documents. Recent I-94 history is available online; older records require a FOIA request.
- ICE, Immigration and Customs Enforcement, holds detention records, the Record of Deportable or Inadmissible Alien on Form I-213, warrants, detainers and enforcement history.
- The Department of State holds visa records, which are confidential under INA 222(f). It generally releases only the documents you submitted yourself and withholds consular officers' notes and the reasons for a refusal.
- The FBI provides the Identity History Summary, a fingerprint-based record of arrests and dispositions reported to the FBI, requested directly from the FBI with fingerprints.
Processing tracks and expedited treatment
USCIS sorts requests into three tracks: simple requests, complex requests such as a full A-file, and an accelerated track for people with a hearing scheduled before an immigration judge, which requires proof of the pending proceedings such as the Notice to Appear or a hearing notice. DHS regulations also permit expedited processing where delay would threaten life or safety or cause the loss of substantial due process rights. The statute gives agencies 20 working days to respond, extendable by 10 in unusual circumstances, but complex requests routinely take months.
The Privacy Act, consent and third-party records
You are entitled to your own records, but an agency will not release records about another person without that person's written consent, signed under penalty of perjury or notarized, or proof that the person is deceased. This matters when a case depends on a parent's or spouse's file. We prepare the consent and the Form G-28 so that records are released to the firm directly.
When the agency does not respond: FOIA litigation
If an agency misses the statutory deadline, you are deemed to have exhausted your administrative remedies and may sue in U.S. district court under 5 U.S.C. 552(a)(4)(B). The court can order production, review withheld material and award attorney fees when the requester substantially prevails. FOIA litigation and mandamus are related tools: FOIA compels the records, mandamus compels a decision on a delayed application, and the records obtained through FOIA often show whether a mandamus suit is wise. Where a client is detained, the file is also the foundation of a habeas corpus petition.
Reading and using the results
The release is a large electronic file, often out of order and heavily redacted. We index it, build a timeline of entries, filings and decisions, and compare it against your account. The results then go to work:
- Naturalization. Confirming the dates in the green card case, prior statements under oath and any good moral character issue before an N-400 is filed. See citizenship and naturalization.
- Waivers. Identifying the exact ground of inadmissibility, prior removal orders, and fraud or misrepresentation findings that a waiver must address.
- Asylum. Locating border sworn statements and credible fear interview notes so that the declaration is consistent with them.
- Removal defense. Testing the allegations in the Notice to Appear, proving how hearing notices were served, and finding the prior orders that a motion to reopen must address. Our removal defense team relies on the file in every case.
Redactions and administrative appeals
Agencies withhold material under the FOIA exemptions, most often officer notes and internal deliberations, third parties' personal information and law enforcement techniques. Some redactions are improper, and a no records response is sometimes wrong, often because the A-number was mistyped or the request went to the wrong component. You may file an administrative appeal, generally within 90 days of the response, and the agency's letter states the exact deadline.
Why Capitol Law Partners
Cagatay Ersoy, founder and managing partner of Capitol Law Partners, is a graduate of Columbia Law School whose practice spans family-based and employment-based immigration alongside business law. Our attorneys and staff work in English, Turkish, Spanish, Portuguese and French. From our offices in Washington, DC, Herndon, Virginia, New York and Minneapolis, we handle records requests for clients anywhere in the United States and abroad.
Learn more
- Immigration mandamus lawsuits: when they are filed and how they work
- Removal proceedings: what to expect in immigration court
- Immigration law in the U.S.: what you need to know
Request your immigration records
If you are unsure what the government has in your file, let us find out before you file anything else. Schedule a consultation or call +1 (202) 440-2272.