Freedom Of Information Act Request

Schach Law Group, APC

Information may be requested from multiple government agencies, including US citizenship and immigration services, and may be valuable in gaining benefits from gaining a ds 160 to those renewing green card.

A Freedom Of Information Act (FOIA) request is made to the government in order to receive records of your interactions with the government. These requests include prior immigration applications, border entries and interactions with officers.

What agencies may I get information from?

Multiple agencies have information that is available. These agencies include:

Customs and Border Patrol (CBP)
Department of Justice (DOJ)
Executive Office for Immigration Review (EOIR)
Federal Bureau of Investigation (FBI)
United States Citizenship and Immigration Services (USCIS)

Why would I want a FOIA?

In order to be eligible for immigration benefits you must receive a waiver for any past issues. You will want to pull a FOIA to understand what items may exist in your history that would require a waiver. It is always good to have the information that the government has on you so that you can avoid any surprises.

Do I need to request a FOIA from every agency?

It depends. Each individual case is different and your history will determine which agencies you would need to request background information from.

Can filing a FOIA get me in trouble?

While it does require offering your name and identifying information to pull these records, you are entitle to receive this information on your case.

How long does it take to get this information from the government?

It can take 2-12 months to get a reply depending on the agnecy and the content of the request.

Can I file a FOIA on my own?

Yes. You may file for your own FOIA. You may also work with an attorney to file the FOIA and have the attorney review the results with you.

Is there a charge from the government for the FOIA?

There is not a fee for most FOIAs. If you are requesting an FBI background check, there is a fee associated.

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