How to Make a USCIS FOIA Request for Your Immigration File

To make a USCIS FOIA request for your immigration file, you create or sign in to a USCIS online account, open the agency’s FOIA system (called FIRST), choose whether you want your own records or someone else’s, provide the identifying information USCIS uses to match you to the right file, and describe the records you want. USCIS explains the process on its Freedom of Information Act and Privacy Act page, and when records are released, you download them from the same account. The steps are simple. The part that takes judgment is asking for the right records, in the right way, from the right agency, so that you get what you actually need before a filing or a court date.

Key Takeaways

• File through your USCIS online account using FIRST, and make a separate request for each person, even for family members.
• For most people asking for their own records, there is no charge, because USCIS does not bill for the first two hours of search time and the first 100 copies.
• If USCIS withholds records or you think the search was incomplete, you generally have 90 working days to file an administrative appeal.

If you are still deciding whether you need your file at all, start with our post on why it often makes sense to get your immigration file before filing anything new. This guide picks up where that one leaves off: the practical, step-by-step mechanics of a USCIS request.

What is a USCIS FOIA request?

The Freedom of Information Act gives the public a right to request records held by federal agencies, and the Privacy Act gives U.S. citizens and lawful permanent residents a related right to access and seek correction of records about themselves. USCIS handles both through one process. According to the agency’s FOIA and Privacy Act page, you can use it to request your own immigration records, someone else’s immigration records, and agency policies, data, and communications.

For most of our clients, the target is the A-file, the file tied to your alien registration number. It usually holds the applications and petitions filed for you, the documents submitted with them, notices USCIS sent, interview notes, and the reasoning behind past decisions. If you are not sure what some of those notices mean once you have them, our guide to Form I-797 notices of action walks through how to read them.

How do I make a USCIS FOIA request step by step?

USCIS lays out a five-step process. Here is how it works in practice:

1. Check the reading room first. USCIS posts records that have been requested three or more times in its Electronic Reading Room. This matters for policy documents and data, not for your personal file, but it can save time if you are looking for a manual or a memo.
2. Decide what type of request you are making. The system asks whether you want your own records, someone else’s records, a Privacy Act amendment or correction, or agency records about policy and operations.
3. Sign in to your USCIS online account and open FIRST. USCIS’s online FOIA system walks you through an electronic version of Form G-639, Freedom of Information/Privacy Act Request. You do not need to fill out a separate paper form when you use the online system.
4. Enter the identifying information and describe the records. More on both below. This is where most requests succeed or fail.
5. Track the request and download the results. USCIS says it will email you when there is an update, and released records appear in your online account for download.

One rule trips up families often: USCIS requires a separate request for each person. If you want your own file and your spouse’s file, those are two requests, even though your cases may be linked.

What information does USCIS need to find my file?

USCIS matches the details you give against what is in its systems. Its FOIA page states that a request about a person must include that person’s full name, current address, and date and place of birth. The DHS privacy assessment for FIRST describes the same core data as mandatory for verification, with phone number and email optional.

Beyond the required items, the more identifiers you provide, the better your odds of getting the right file the first time. We usually include:

• The A-number, if there is one.
• Receipt numbers from past applications or petitions.
• Other names used, including maiden names and different spellings.
• Approximate dates of entry and of past filings.

USCIS warns that if several records share similar identifying information and it cannot tell which one you mean, it may close the request for failing to reasonably describe the records. That outcome costs you months, so this is not the place to be brief.

USCIS also accepts an attorney’s address as the current address in some situations if the information is notarized or given under penalty of perjury, and it recognizes a post office box or a "safe address" for people protected by 8 U.S.C. § 1367 or the Violence Against Women Act. If you are a survivor applying for protection, that option matters, and we take it seriously when we prepare these requests.

Can I request someone else’s immigration records?

Yes, but what you receive depends on consent. Under the process described in the FIRST privacy assessment, a person requesting records about someone else should provide that person’s written consent and verification of identity, or proof of death if the person has died. Without consent, USCIS releases only what FOIA requires it to release, which for a living person’s immigration file is usually very little. In some online requests, FIRST can send the subject a link so they can review and give consent directly.

Even when you request your own file, USCIS reviews documents that mention other people, such as a former spouse or a petitioner, and may redact that third-party information under FOIA’s privacy exemptions. Seeing blacked-out passages does not necessarily mean something is wrong. It often means the page involved someone else.

If you hire a lawyer, your attorney can request the file for you with your signed consent and identity verification. That is how most of our requests are made.

How long does a USCIS FOIA request take?

USCIS processes requests in tracks. When it created the immigration court track, USCIS explained in a 2007 Federal Register notice that simple requests and complex requests were handled separately, and it added a third track for people who have been served with charging documents and scheduled for a hearing before an immigration judge. In practice, that breaks down like this:

• Simple requests for a specific document, such as a copy of a naturalization certificate or one past petition.
• Complex requests, which include most requests for an entire A-file.
• The immigration court track, for a person with a future hearing date before an immigration judge.

To qualify for the court track, the 2007 notice requires a copy of a Notice to Appear (Form I-862) or Order to Show Cause (Form I-122) showing the scheduled hearing date, a written notice continuing a scheduled hearing, or a Notice of Referral to Immigration Judge (Form I-863). The notice also states that the track does not cover cases with a final order, cases already on appeal at the Board of Immigration Appeals, or cases closed after a missed hearing. Current wait times for each track change constantly, so we check them when we file rather than quote a number here.

Separately, DHS rules allow expedited processing under 6 CFR 5.5(e) in narrow circumstances, including an imminent threat to someone’s life or physical safety and the loss of substantial due process rights. The request needs a detailed statement certified as true and correct. Expedite requests are often denied, so it is worth making a careful one rather than a quick one.

The practical lesson is to request early. Asking for one specific document instead of the whole file can move you into a faster track, but if you need the full history, a narrow request may leave out the very page that matters.

Does a USCIS FOIA request cost anything?

For most people seeking their own file, no. The instructions on Form G-639 state that USCIS does not charge for the first 100 copies or the first two hours of search time, and that remaining charges must exceed $14.00 before any fee is billed. Search and processing fees do not apply to Privacy Act requests. Submitting a request counts as an agreement to pay chargeable fees up to $25.00, and USCIS will contact you if fees apply. Do not send payment with the request.

Which records does USCIS not have?

This is the mistake we see most. People request their A-file, receive it, and assume they now have their complete immigration history. Often they do not. Depending on your history, you may also need records from:

• The immigration court (EOIR), which keeps its own record of proceedings. For an active case you can request a copy of the record of proceedings directly. If you have ever been in court, our Spanish-language guide on checking your immigration court case status can help family members follow along.
• Customs and Border Protection, for border encounters and entry records, through CBP’s FOIA program.
• Immigration and Customs Enforcement, for arrest, detention, and removal records, through ICE’s FOIA office.
• The Department of State, for visa applications and consular decisions, through its FOIA portal.
• The FBI, for an Identity History Summary showing arrests reported through fingerprints.

Criminal history deserves special attention. Whether an arrest or conviction affects your options turns on details that do not always appear in a USCIS file, and our overview of the grounds of inadmissibility explains why the exact record matters. A person in removal proceedings may also need the full set of records to evaluate the forms of relief available in court.

What if USCIS denies my request or sends incomplete records?

You can appeal. Under 6 CFR 5.8, an appeal must be in writing and must be postmarked or electronically transmitted within 90 working days after the date of the agency’s response. You can appeal a denial, a partial withholding, an inadequate search, a misreading of your request, or a fee problem. USCIS says the appeal instructions will be in your determination letter, and appeals can be filed through FIRST.

The Office of Government Information Services also offers free mediation between requesters and agencies. That can help when a request seems stuck.

A request that comes back "Records Not Available" usually means USCIS could not find a match or the request had errors. In that case you need a new request with better identifying details, not an appeal.

Frequently Asked Questions

Do I still need Form G-639?

Not as a separate paper form if you file online. The online system collects the same information through an electronic version of Form G-639. Reading the paper form’s instructions is still a good way to see what USCIS will ask.

Can I get my file faster if I have an immigration court hearing?

Often, yes. People with a future hearing date before an immigration judge can ask for the court track by providing a qualifying document, such as a Notice to Appear showing the hearing date, as described in the Federal Register notice that created the track.

Should I request my file before applying for citizenship?

For many green card holders, it is a smart step, especially if there was ever a prior denial, an arrest, or a filing prepared by someone else. Before you file, it helps to understand the naturalization eligibility rules and confirm that nothing in your history needs to be addressed first.

How long do I have to appeal a FOIA decision?

Under DHS regulations, 90 working days from the date of the response. Check your determination letter for the specific instructions.

How We Can Help

Filing a FOIA request is something you can do on your own. Where we help is in deciding which records to request, from which agencies, in what order, and then reading what comes back for legal significance. We look for prior denials and the reasons behind them, filings a past preparer made without telling you, court history you may not know about, and inconsistencies that could cause problems in a new application. For clients with a hearing date, we make sure the request goes in with the documents that qualify it for faster processing.

Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys. The first step is a free pre-evaluation, where we review the facts and tell you whether we can help. If it is a fit, we invite you to a paid consultation with a full case review and a written flat-fee quote. Call us at (407) 917-2087 or start your immigration intake online.

This article is for general information and is not legal advice. Agency procedures, processing tracks, and timelines change, and every case depends on its own facts. Reading this post does not create an attorney-client relationship with Ilabaca Law, PLLC. To discuss your situation, call (407) 917-2087.