Freedom of Information Act (FOIA) processing procedures

What is FOIA

Freedom of Information Act (FOIA) is also called Open Records or Sunshine Laws it empowers you to access information from Government agencies or bodies like USCIS. click here for more information.

How is it helpful in Immigration
FOIA comes into play for most foreign nationals in that it provides them with a way to obtain copies of their files and to track their immigration history. It is often very useful in clearing up questions, particularly for those who have complex histories. Attorneys often want to file an FOIA so that they can see what has been previously filed on behalf of a client and what actions the government may have taken against a client. This can be important in a number of contexts, but can be particularly important for those foreign nationals in removal / deportation proceedings.

The New FOIA Procedures

Beginning March 30, 2007, the USCIS will use a three-track system, as opposed to the current two-track system, to process FOIA requests. The first two tracks currently in use by the USCIS are (a) routine requests and (b) those that require additional search and review time. These are basically a faster and slower track, partially related to the amount of documentation requested. Historically, however, FOIA requests could take many months to process.

The new, third track added by the initiative will be used for FOIA requests in cases where an individual is in immigration (removal / deportation) proceedings. To utilize this accelerated access, it is necessary to have documentation that the individual is in removal / deportation proceedings. The USCIS has not specified an estimated time for responding to FOIA requests in this new category. In its
press release , however, it was indicated that the addition of the new, accelerated track "will not only enhance our FOIA processing times, but also help us reduce FOIA backlogs."

FOIA Requester Service Center to Track FOIA Filings

The National Records Center operates a telephone line established to answer questions about filing FOIA requests, provide status updates on pending requests, and otherwise provide assistance in obtaining records from the USCIS. The phone number of the FOIA Requester Service Center line is 816.350.5570. It is open from 7:30 a.m. to 2:30 p.m. Central Time.

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