What is a FOIA request?

How to ask the government for a copy of your immigration file, what it is useful for, and what it usually contains.

In short

FOIA stands for the Freedom of Information Act. A FOIA request lets you ask for copies of the records the government holds about you, including immigration files.

It is an informational tool: it tells you what is on record. It does not change the record and does not resolve a case.

What it is usually used for

• Recovering copies of applications filed years ago.
• Confirming exact recorded dates of entries and exits. For recent history, CBP offers a free, instant online lookup (i94.cbp.dhs.gov) that needs no FOIA request.
• Documenting immigration history before starting another filing.
• Reconstructing a file when the paperwork was lost.

At a glance

What a file usually contains

• Applications and forms filed previously.
• Notices and decisions from the government.
• Records of entries to and exits from the country.
• Administrative notes and annotations.
• Documents you submitted at the time.

Which agency to ask

Each agency keeps its own records, so the request goes to whichever holds the information you need. USCIS, CBP and ICE maintain separate files, and sometimes it is worth asking more than one. The G-639 is the USCIS form and using it is optional; CBP, ICE, the Department of State and EOIR each have their own process.

How it usually unfolds

1. Identify what you need — which information, and from which period.
2. Choose the agency — based on which records it keeps.
3. Prepare the request — with the identification required.
4. Submit — by whichever means the government accepts.
5. Wait for the response — the government acknowledges and replies.

How long it takes

Agencies publish their own times and often have separate queues by request type. It can take weeks or considerably longer. We do not promise deadlines: we tell you what is published at the time.

Worth knowing

• The response may arrive with parts redacted for legal reasons.
• If records are withheld or the response is very incomplete, there is an administrative right of appeal with a deadline, generally 90 days from the response.
• An incomplete file does not mean no further information exists.
• Interpreting what appears in a file can require legal judgement.
• Keep a copy of everything you receive.

Frequently asked questions

Could requesting my file work against me?

It is a request for information about yourself. Even so, if you are worried about what your history may show, speak to a licensed attorney first.

Do you interpret what it says?

We prepare and organize the request and the documentation. Interpreting the legal consequences of what is in your file is for an attorney.