What is a FOIA Request?

Have you ever needed to reach out to a government agency for help with a previous or current immigration request? If so, you may be familiar with what are called FOIA requests! In this article, we'll explain what a FOIA request is, what they are generally used for, and when they should be submitted.

What is a FOIA Request?

If you are trying to get personal documents from a government agency, you may have heard of a FOIA Request. FOIA stands for Freedom of Information Act. Passed in 1967, the Freedom of Information Act states that the public has the right to request records from the government. As long as the information is not protected by one of the specified nine exemptions or three exclusions, the government is required to provide it. Since FOIA was passed, each government agency has developed a method for the public to submit requests for documents through their agency. Typically, FOIA requests are not needed to file for an immigration benefit. However, they can be useful in situations where an individual needs more information about a previous immigration application or needs to request information to help with a current one.

The Nine Exemptions and Three Exclusions
Government agencies are only allowed to withhold information if it is protected by one of the nine exemptions or three exclusions. These exemptions are designed to protect information such as classified documents, trade secrets, or information that unreasonably violates the privacy of other people. For a full list of the exemptions and exclusions, see this link.

When Should I Submit a FOIA Request?

You can submit a FOIA request to a government agency anytime you need specific information from them that is not readily available through other means. 

Here are some examples of reasons someone might submit a FOIA request to USCIS:

• Requesting information on a previous immigration application
• Requesting information on a USCIS decision from a previous immigration application
• Requesting your full file of info from USCIS (this is called an A-file)

FOIA Requests can also be submitted to other government agencies as well. Here are some examples of reasons someone might submit a FOIA request to another agency as a part of their immigration application:

• Requesting records from Customs and Border Patrol (CBP) regarding  entry and exit (for example, if there is no record on the CBP website for their I-94/travel history) 
• Requesting detention center records from Immigration Customs and Enforcement (ICE)
• Requesting Court Orders from the Department of Justice or Executive Office of Immigration Review (EOIR)
• Requesting information on passport or visa applications from the Department of State 

Please note: If you are requesting a FOIA because you are in deportation proceedings, it is a good idea to consult an immigration attorney. If you need help finding an immigration attorney, AILA’s lawyer search can help locate attorneys living in your area.

How Do I Submit a FOIA Request?

1. Step 1: Determine Needed Documents. The first step in submitting a FOIA request is to determine what documents are needed. Requesting a lot of documents, such as a whole file from an agency, can result in longer wait times. Knowing exactly what documents are needed can help make the process faster and more successful.
2. Step 2: Identify Relevant Agency. Once you have determined the documents needed, the next step is to figure out what agency has these documents. If you are not sure what agency has the documents you need, a quick Google search can usually help determine this. Foia.gov also has a list of agencies that you can explore.
3. Step 3: Locate FOIA Procedure for Selected Agency. After determining what documents are needed and what agency has them, the next step is to find the procedure for submitting a FOIA request to that agency. Each agency handles its own FOIA requests and has its own procedure for doing so.
   1. If you are submitting a FOIA request through USCIS, you can find the full instructions for doing so here. Requests are made through the applicant’s USCIS account, and there is a link included in the instruction page.
   2. For other agencies, you can find information on how to submit a FOIA request by searching that agency here by clicking “Start Your Request”

FOIA Request Fees: Sometimes, fees are associated with FOIA requests. These fees vary by agency. They are usually based on the amount of time (in hours) it takes to process the request or the number of copies required. USCIS does not charge for the first 2 hours or 100 copies but does start to charge after that. If the fees are anticipated to cost more than $250, they may contact you in advance of completing the request. 

Conclusion 

Feel free to reach out to our live chat with any additional questions you may have about FOIA requests. If you would like additional support and a full review of your documents by a licensed attorney after completing your FOIA request, we would be happy to help you with your application! You can sign up for one of our application packages here, and we will help guide you through the application process. We're happy you're here!