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Freedom Of Information Act Request

Accént Legal the law office of Mark Kowalewski

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. 

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)
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.
It depends. Each individual case is different and your history will determine which agencies you would need to request background information from.
While it does require offering your name and identifying information to pull these records, you are entitle to receive this information on your case.
It can take 2-12 months to get a reply depending on the agnecy and the content of the request.
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.
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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Green Card/Adjustment of Status/Consular Processing

A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.”

Citizenship/Naturalization

Naturalization is the process of U.S. citizenship being granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

Request for Evidence

A Request for Evidence (RFE) can be alarming.  However, these are often an opportunity for clarification on your application package.

Deferred Action for Childhood Arrivals (DACA)

The Deferred Action for Childhood Arrivals (DACA) allow some individuals who entered the United States as minors, and either entered illegally or over stayed their visa, to receive a renewable two-year period where they are deferred from deportation and are eligible for a work permit.

Deportation Defense

Deportation (sometimes called “removal”) occurs when the federal government formally removes an alien from the United States for violations of immigration or criminal laws by going through Immigration Court proceedings. 

Work Permit

A work permit may be available to you based on your status, circumstances, and your opportunity to submit applications that include a work permit.