Have you ever wondered what exists in your file with immigration? What information or documentation they may have about you that even you don’t know or remember? There’s an easy solution to that. Request a copy of the file!

Through the Freedom of Information Act (FOIA), you can submit a request for information and documentation to any federal agency. When you want information about your own file, you’ll have to provide sworn proof of your identity for the agency to release the information. You can do this by completing the federal FOIA form of the relevant agency, which can be done by paper or by online filing.

In your request, you must specify the specific documents sought. The more specific you are in your description of documents sought, the more likely you are to receive it. However, if you just generally want your entire file copy for U.S Citizenship and Immigration Services (USCIS) then you can state on your request that you want your entire A-file copy. If you submit your request to an agency that does not have the information sought, you may be told that your request is being forwarded to another agency, or you may simply need to file a new FOIA request with a different agency.

Each agency has its own specific guidelines that you must follow. Here we provide basic instructions about how and where to file your FOIA request, based on the information sought. If you are not using a designated print or online form to make the request, it is recommended that you send a notarized letter with your name, address, date of birth, and a detailed description of the documents and information you are requesting.

• If  you want copies of petitions or applications that were filed by you or on your behalf, you will likely need to file a FOIA request with USCIS. You can do this by filling out Form G-639 and mailing it to: National Records Center, FOIA/PA Office, P.O. Box 648010, Lee’s Summit, MO 64064-8010. OR, you can create an online USCIS account and fill out the request online.
• If you want copies of your passport, visas, or applications filed for visas to enter the U.S., you will likely need to file a FOIA request with the U.S. Department of State (DOS). You can do this by mailing in the request to Office of Information Programs and Services (IPS), U.S. Department of State, State Annex 2 (SA–2), 515 22nd Street, NW., Washington, DC 20522–8100. OR, you can create an online account and fill out the request online.
• If you want records of your entries and exits to and from the United States, any interview notes from border detentions, records of a voluntary return, or an I-94 admission record, you will likely need to file a FOIA request with U.S. Customs and Border Protection (CBP).  You can do this by mailing in the request to 90 K Street NE MS 1181, Washington, DC 20229. OR, you can create an online account and fill out the request online. Note that this is the same online account that is used for ICE and OBIM FOIA requests.
• If you want records of your detention in the country (not at the border or port of entry), records of a Notice to Appear, or records of bond paperwork, you will likely need to file a FOIA request with Immigration and Customs Enforcement (ICE). You can do this by mailing in the request to U.S. Immigration and Customs Enforcement, 500 12th Street SW, Stop 5009, Washington, DC 20536-5009. OR, you can create an online account and fill out the request online. Note that this is the same online account that is used for CBP and OBIM FOIA requests.
• If you want to find records that relate to arrests, investigations, or border interactions during which your biometrics or fingerprints were taken, you will likely need to file a FOIA request with the Office of Biometric Identity Management (OBIM). You can do this by mailing in the request to Privacy Office, Mail Stop 0655, Department of Homeland Security, 2707 Martin Luther King Jr. AVE SE, Washington, DC 20528-065. Your request must be sent with an Affirmation Declaration and a properly completed fingerprint card. OR, you can create an online account and fill out the request online. Note that this is the same online account that is used for CBP and ICE FOIA requests.
• If you want to find copies of filings made with the Immigration Court during removal proceedings or orders from an immigration judge, you will likely need to file a FOIA request with the Executive Office for Immigration Removal (EOIR). You can do this by mailing in the request to: Office of the General Counsel Attn: FOIA Service Center, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2150, Falls Church, VA 22041. All requests must be filed with a signed verification of identity (or use Form DOJ-361). OR, you can create an online account and fill out the request online.

When you receive your FOIA response, you may notice that some pages or pieces of information are redacted or excluded. This information may be withheld by the federal agency if it is deemed to be any of the following:

1. Information that is classified to protect national security.
2. Information related solely to the internal personnel rules and practices of an agency.
3. Information that is prohibited from disclosure by another federal law.
4. Trade secrets or commercial or financial information that is confidential or privileged.
5. Privileged communications within or between agencies.
6. Information that, if disclosed, would invade another individual’s personal privacy.
7. Information compiled for law enforcement purposes that:
a. Could reasonably be expected to interfere with enforcement proceedings
b. Would deprive a person of a right to a fair trial or an impartial adjudication.
c. Could reasonably be expected to constitute an unwarranted invasion of personal privacy.
d. Could reasonably be expected to disclose the identity of a confidential source.
e. Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.
f. Could reasonably be expected to endanger the life or physical safety of any individual.
8. Information that concerns the supervision of financial institutions.
9. Geological information on wells.

When information is withheld, you can either accept it as is, or you can challenge the agency by filing an administrative appeal. To file an appeal, write a letter explaining your reason for the appeal, mark the letter and envelope clearly with “Freedom of Information Act Appeal”, and mail it to: USCIS FOIA/PA Appeals Office, 150 Space Center Loop, Suite 500, Lee’s Summit, MO 64064-2139.

When information is withheld, you can either accept it as is, or you can challenge the agency by filing an administrative appeal. To file an appeal, write a letter explaining your reason for the appeal, mark the letter and envelope clearly with “Freedom of Information Act Appeal”, and mail it to: USCIS FOIA/PA Appeals Office, 150 Space Center Loop, Suite 500, Lee’s Summit, MO 64064-2139.

Sources:
https://www.foia.gov/faq.html#:~:text=Exemption%201%3A%20Information%20that%20is,disclosure%20by%20another%20federal%20law
https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act
https://www.ecfr.gov/current/title-22/chapter-I/subchapter-R/part-171