When working through the complicated aspects of immigration law, information is power, and having a complete understanding of your personal immigration history can be vital. That’s where the Freedom of Information Act (FOIA) comes in. FOIA gives individuals the legal right to request records from federal government agencies.
At Herhusky Law Office, PLLC, we help clients in Raleigh, North Carolina, and the surrounding areas with their immigration cases. Below, we’ll explore what FOIA is, how it applies to immigration matters, which agencies you can request information from, and how this can impact your case.
What Is FOIA?
The Freedom of Information Act, or FOIA, is a federal law enacted in 1966 that allows the public to request access to records from any federal agency. It was designed to promote transparency and accountability in government. Under FOIA, individuals can request records for any reason, including to obtain information that may affect a legal or administrative proceeding.
In the context of immigration, FOIA can help individuals access documents and records that are often not readily available through other means. This may include past applications, interview notes, deportation orders, visa petitions, and communications with government agencies. Let’s explore how this may pertain to your immigration case.
Why FOIA Matters in Immigration Cases
Immigration law is governed by a web of statutes, policies, and administrative rules, and each case typically involves multiple government agencies. Over time, people may interact with immigration authorities in various ways, sometimes without fully understanding or remembering all the details. Having a complete immigration record can be critical when:
Responding to Requests for Evidence (RFEs)
Preparing for asylum or removal proceedings
Applying for green cards or citizenship
Reopening old immigration cases
Verifying prior entries or exits
Addressing alleged immigration violations
A single missing document or misunderstood detail can be the difference between approval and denial. FOIA allows individuals and their attorneys to examine the full history and respond with precision. When you work with our attorneys at Herhusky Law Office, PLLC, we can help you access valuable information for your case using FOIA requests.
Agencies You Can Request Records From
There are several federal agencies involved in immigration matters, and each maintains its own records. Understanding which agency holds the specific documents you need is crucial for making sure your request is both accurate and effective. Here are the most common agencies people submit FOIA requests to for immigration purposes:
U.S. Citizenship and Immigration Services (USCIS)
USCIS is often the first stop for immigration FOIA requests. They process applications for visas, green cards, naturalization, asylum, and more. Because USCIS handles such a wide range of immigration benefits, its records can provide a comprehensive overview of your case history. Through a FOIA request, you can obtain:
Copies of past applications (I-130, I-485, N-400, etc.)
Notices of approval or denial
Officer notes from interviews
Asylum files (A-files)
Accessing your USCIS records through FOIA can clarify which benefits you’ve applied for and how your case was handled. This can help identify missing documents, administrative errors, or inconsistencies that may affect future filings. A thorough review of your USCIS file can strengthen your immigration case strategy and support future applications.
U.S. Immigration and Customs Enforcement (ICE)
ICE is responsible for enforcing immigration laws and overseeing detention and removal operations. Because ICE maintains records of arrests, detentions, and deportation proceedings, FOIA requests here are essential in enforcement-related cases. You might request ICE records in order to do the following:
Review details about an arrest, detention, or deportation
Access records of bond hearings or removal proceedings
Understand the reasons for ICE holds or stays of removal
ICE records can offer critical information if you have a history of detention or removal. Reviewing these documents can help your attorney build a defense, challenge inaccuracies, or seek relief from removal. FOIA access to ICE records can make sure you’re not caught off guard by past enforcement actions.
U.S. Customs and Border Protection (CBP)
CBP oversees the nation’s borders and ports of entry. Their records are especially useful for verifying travel history, border inspections, and any issues encountered during entry attempts. This information is often critical for proving lawful entry or identifying any complications that may affect your immigration status. Records from CBP can help show:
Entry and exit dates
Inspection notes from border crossings
Statements or declarations made to border agents
Any refusals of entry or expedited removals
Knowing what CBP recorded during your entries and exits can support claims for lawful presence or continuous residence. These records can also help identify any border-related issues that may affect eligibility for immigration benefits. FOIA requests to CBP are particularly helpful in cases involving waivers, DACA, or cancellation of removal.
Department of State (DOS)
Because visa decisions made abroad often lack detailed explanations, FOIA can uncover the reasoning behind consular refusals or delays. Accessing these records can provide valuable insight into how your application was evaluated. If your case involves a visa denial at a U.S. embassy or consulate, a FOIA request to DOS may reveal:
Visa application records
Consular officer notes
Refusal worksheets
Correspondence with embassies
FOIA records from DOS can help you understand the rationale behind a visa denial or delay. This information can be essential when reapplying or pursuing a waiver. Knowing how consular officers evaluated your case allows you to correct deficiencies and prepare stronger future applications.
Executive Office for Immigration Review (EOIR)
EOIR oversees the immigration courts and the Board of Immigration Appeals (BIA). It plays a central role in adjudicating removal proceedings and appeals. Because many important decisions and hearings take place within EOIR, accessing these records can be crucial for understanding the status and history of your case. FOIA requests can uncover:
Immigration judge decisions
Hearing transcripts
Case dockets
Appeals documents
Having access to EOIR records allows you to review past rulings and procedural history that may affect your current case. This information can be vital for identifying legal errors or grounds to file motions to reopen or reconsider. By knowing which agency holds your records, you can tailor your FOIA request to get the most relevant documents for your case.
How to File a FOIA Request
Filing a FOIA request is a relatively straightforward process, but accuracy and attention to detail are essential to avoid unnecessary delays or denials. Understanding the steps involved and providing the correct information will help make sure your request is processed smoothly. Below is a clear outline of how to prepare and submit an effective FOIA request.
Identify the correct agency: Choose the agency based on the specific records you need. Filing with the wrong agency can result in delays or a “no records” response.
Prepare the FOIA request: Each agency may have its own form or online submission system, but a basic request should include your full name and any aliases, date of birth, alien registration number (if applicable), specific documents requested, and signed authorization if an attorney is submitting the request on your behalf.
Submit the request: Most agencies accept electronic FOIA requests, while others allow submission by email or regular mail. Be sure to keep a copy of your request and track its submission.
Wait for a response: Processing times vary widely and can range from a few weeks to several months. Some agencies provide online trackers to monitor your request’s status.
Following these steps carefully increases the likelihood of receiving the information you need in a timely manner. It’s also wise to submit FOIA requests well before critical deadlines are approaching in your immigration case. Staying organized and proactive will help you make the most of this valuable tool.
What to Expect After Filing
After you file a FOIA request, the agency will review and process it according to their procedures. The response you receive can vary depending on the availability and sensitivity of the records requested. Understanding the possible outcomes will help you prepare for what to expect next.
Full release: You receive all documents requested.
Partial release: You receive documents, but with redactions under certain FOIA exemptions.
No records: The agency reports it has no documents matching your request.
Referral: Your request is referred to another agency better suited to respond.
Be prepared for redactions, as agencies often withhold information protected by FOIA exemptions such as law enforcement techniques or personal privacy concerns. If you believe records were improperly withheld, you have the right to file an administrative appeal with the agency regarding the redaction.
Contact a Qualified Immigration Lawyer Today
In the often-confusing area of immigration law, accurate and complete information is essential. The Freedom of Information Act empowers individuals to access critical records that can help build, strengthen, or defend their immigration cases.
At Herhusky Law Office, PLLC, in Raleigh, North Carolina, we assist clients with immigration cases throughout the Raleigh area, including Raleigh, Durham, Greensboro, Fayetteville, Charlotte, Wilson, Wilmington, greater North Carolina, and beyond. Contact our firm today to discuss your case.
