When and Why to File a Freedom of Information Act (FOIA) Request
The Freedom of Information Act (FOIA) is a powerful tool for individuals ready to take the next step in their immigration journey. Documents uncovered through a FOIA request can help you make informed decisions and form custom strategies to best fit your unique situation.
What is a FOIA request?
The Freedom of Information Act, or FOIA, is a federal law enacted in 1966 that allows the general public to request information from any federal agency. The law was designed to promote transparency and hold the government accountable for corruption or misuse of power.
What are some common federal agencies that process FOIA requests?
Immigration law is made up of an intricate web of federal statutes, administrative rules and agency policies. Individuals often interact with multiple federal agencies through the course of their immigration history, such as:
Customs and Border Protection (CBP)
Immigration and Customs Enforcement (ICE)
U.S. Citizenship and Immigration Services (USCIS)
The Department of State
The Executive Office for Immigration Review (EOIR)
All of these federal agencies process FOIA requests.
Why file a FOIA request in an immigration case?
FOIA requests from the above federal agencies can uncover key immigration documents, such as previously filed applications and petitions, complete travel histories, adverse decisions, and enforcement actions. Reviewing these records with a knowledgeable attorney can help you determine what immigration benefit you are eligible to pursue and assess the risks associated with applying for that benefit.
What are some common reasons for filing a FOIA request in an immigration case?
There are many reasons to file a FOIA request. Some of the most common reasons we at Baibak Law file FOIA requests are:
To obtain a complete A-file: Increasingly, when a foreign national files an application or petition with USCIS, USCIS will review the individual’s complete immigration history – or A file. During this review, USCIS compares the A-file to the foreign national’s most recent filing looking for missing or inconsistent information. This is particularly true in naturalization cases. By requesting your complete A-file, you and your attorney can review the A-file against the current filing to make sure your information is complete and consistent.
To correct errors in previous immigration filings: Sometimes, while reviewing an A-file obtained through a FOIA request, one may discover an error in a past filing. A trusted attorney can help you address and correct this previous mistake in your immigration record.
To understand the reason for a denial: When a case has been denied by USCIS or another immigration agency, it can be helpful to request the complete records from the appropriate agency to determine the basis of the denial. This is also true of past visa denials, which – if not addressed – can have adverse effects on future requests for immigration benefits.
To obtain international travel history: Several applications and petitions with USCIS require the foreign national to list their international travel history for a given period of time. If you travel abroad often, or have not kept complete travel records, you can submit a FOIA request to CBP for your travel history. Complete travel records can also be helpful when determining if you are eligible to apply for naturalization. For more information about the physical and continuous residency requirements see our blog post here.
To understand a prior enforcement action: Sometimes an individual knows that he or she encountered immigration enforcement in the past, but does not remember the legal outcome of the encounter. A FOIA request to the relevant agency can clarify what happened during this encounter and shape your immigration case strategy going forward.
How do you file a FOIA request?
First, you must identify the correct federal agency. Once identified, you should file your specific request online on the agency’s unique FOIA portal. Be as specific and narrow as possible in your request to ensure a speedy delivery. Once submitted, the request can usually be tracked online. If the agency requests any further information or documentation from you, respond promptly.
Will filing a FOIA request negatively impact my immigration case?
No. Filing a FOIA request will not negatively impact your current status or future requests for immigration benefits. Filing a FOIA request will not put you at risk for deportation or other enforcement actions.
Conclusion
At Baibak Law, we understand the power of a FOIA request in revealing a foreign national’s past to help shape the future. We have years of experience navigating the complex process of making a FOIA request and can help formulate a narrow and direct request. Together we can use the information obtained through a FOIA request to assess your options and form creative strategies to meet your immigration goals. If you would like to discuss filing a FOIA request, please contact us at (513) 203-5429 or schedule an initial consultation online.
Disclaimer: The information provided above, and on our website, is intended for general information purposes only and should not be construed as legal advice. This blog post shall not create an attorney-client relationship with the readers of its content.