For the millions of undocumented people living in the United States, getting through each day is a constant struggle and fear. Many people wonder if there exists some path in which they can obtain legal status whether temporary or permanent or at least some way to receive authorization to work legally. Thanks to a transformed administration and its resulting positive changes in the area of immigration as well as additional proposals on the horizon, there is heightened optimism and hope for the immigration community. More and more individuals are curious to find out if they are eligible for some immigration relief and whether they can apply at this time.
However, there is a significant population out there who have concerns that there may be an immigration record or history that could negatively impact their eligibility for a program. These concerns could be anything found in a record related to previously filed applications or petitions, prior border apprehensions, or immigration court decisions.
What the public is not readily aware of, is that there is a way to request any and all immigration records that the government may possess about an individual and the process to request records is quite easy. It is important for individuals to review their immigration records prior to submitting relief applications because prior filings, court decisions, or border apprehensions can greatly affect the case as well as outcomes.
The Freedom of Information Act/Privacy Act (FOIA/PA) provides that any person has the right to request access to federal agency records. Enacted in 1967, this federal freedom of information law was the first to establish an effective legal right of access to government information. It is also known as the law that “keeps citizens in the know about their government.” Under the FOIA, the government is required to provide individuals with full or partial disclosure of any records, documents, or information controlled by the United States government upon a formal request. Any person can request his/her personal records from any government agency regardless of legal status.
These days, FOIA related to immigration are the most requested records as they are popular in determining whether a person qualifies for an immigration program. However, there are several different types of FOIA requests that can go to different government agencies, so it is essential to make the appropriate FOIA request to the appropriate agency. The most popular and often requested FOIAs are aimed at the United States Citizenship and Immigration Services (USCIS) People request USCIS FOIAs when they want to review their records of previously filed applications or family petitions filed in the past. It is important to see previous filings to make sure that all information submitted presently is consistent and accurate with information submitted in the past. For example: in order to file for adjustment of status or permanent residency under Section 245(i), individuals must prove the filing of a valid family petition by April 30, 2001, and if they do not have this documentation, a FOIA can be requested to obtain proof of the earlier petition. These are just a few examples; the list of reasons for requesting USCIS FOIAs is much lengthier.
An individual would request a FOIA with Customs Border Protection (CBP) if he or she wants to review any and all information that the United States government would have regarding past border apprehensions or interactions with border patrol. Unfortunately, any records of a prior border apprehension whether there are documented records or fingerprint scans can negatively impact someone’s eligibility for certain forms of immigration relief including permanent residency. A person may be disqualified from eligibility if their records indicate that he or she was previously deported at the border under an Expedited Removal Order (ERO). These orders were commonly issued at the U.S. border and many people do not even realize that they were in receipt of such orders in the past or that records exist. There are also instances in which a person was fingerprinted and told to return to his or her country or the individual may have signed a document known as a Voluntary Return. These prior interactions at the border can influence eligibility for relief, so it is important to review these CBP FOIA records before proceeding with immigration applications.
An individual would request a FOIA with the Executive Office for Immigration Review (EOIR) if he or she wants to see previous applications filed with the Immigration Court and especially any orders issued by an Immigration Judge. Unfortunately, Orders of Removal or Deportation will disqualify most people from qualifying for any form of relief. It is also possible that records may reveal a termination order signed by a Judge which would permanently close the court case and allow the case to proceed directly with USCIS which is why one would want to review the EOIR FOIA record to see any previously filed applications with the court. The records from EOIR will contain evidence of any previous orders for administrative closure issued by Immigration Judges as well. The information obtained from EOIR FOIAs is of significance in determining whether someone is eligible for further relief and the necessary steps to take going forward.
To request a FOIA, the requestor must complete and submit a Form G-639, Freedom of Information/Privacy Act Request, or you can complete your request only depending on the agency. Along with the application, the requestor must submit copies of his or her identification and a letter specifying what exactly is being searched for in the records. Depending on the FOIA requested and from which agency, the receipt of results may vary from two to six months from the date of the request. Here is a final note of importance: it is one thing to request a FOIA and a completely different thing to review or analyze the results of the FOIA report which could be lengthy and extremely complicated to understand. That is why the assistance of an experienced Immigration Attorney is recommended when examining such detailed and convoluted information. For more information on filing FOIA requests, you can also please visit FOIA.gov.
POSTED BY: DreamVista Advocates, P.C.
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