The Freedom of Information Act (FOIA) entitles every person access to certain information from the federal government. A person can file a request called “a FOIA request,” to any federal agency to request information and documents about themself or others. There are many reasons a person may want to see documents that the government has relating to them.

When the person is applying for an immigration benefit, a FOIA request can be invaluable. It is not only helpful but also often critical to the success of the person’s case to have a copy of certain documents. Such information can prove the person’s eligibility for immigration relief or may reveal information that can potentially damage a person’s eligibility which is why it is extremely important to request and carefully review what information exists within government records before placing someone at risk. For example, a person might need to see his or her record for any apprehensions, detentions, and/or expedited removals at the border before applying for a waiver or leaving the country to attend a consular interview.

The Department of Homeland Security (DHS) is often the most important federal agency for immigrants because the DHS has many components that deal exclusively with immigration.

Any person regardless of immigration status is entitled under the Freedom of Information Act to request a copy of their immigration records from any of the DHS components: USCIS, CBP, ICE, and OBIM. They can also request a FOIA with the Department of State and the Department of Justice EOIR.

Signature’s team has years of experience reviewing FOIA records, some of which contain hundreds of pages of documents, and we can help you through the process. The independent immigration attorneys who work with Signature will thoroughly examine your records, in order to make a clear determination of your eligibility for the immigration relief for which you want to apply.

Last Reviewed/Updated: 02/01/2023