How to Get Your Immigration Records (FOIA Requests Explained)

How to Get Your Immigration Records (FOIA Requests Explained)

Man is putting stamp on the document

When immigrants need access to their paperwork, they often search for terms like “immigration records,” “lost USCIS file,” or “deportation case documents.” What many people don’t realize is that the official process for obtaining these records is through a FOIA request. The Freedom of Information Act (FOIA) provides a way to request your immigration file directly from the government, including applications, decisions, and other records that may affect your case. These records can be crucial for preparing asylum applications, correcting errors, or defending against deportation. To protect your future and rights, consult an experienced immigration lawyer about filing a FOIA request.

History and Overview of The Freedom of Information Act

The Freedom of Information Act (FOIA) was enacted in 1966 to promote transparency and accountability within the U.S. government. Under this law, the public has the right to request access to records from any federal agency, and those agencies are obligated to release the information unless doing so could compromise national security.

For immigrants, FOIA provides an opportunity to obtain records from government agencies such as U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), or Customs and Border Protection (CBP). These records can reveal key details about past applications, immigration encounters, or decisions that directly affect your current or future status.

How FOIA Requests Can Help Your Immigration Case

FOIA requests are especially useful for immigrants because they provide reliable documentation that might otherwise be difficult to remember or verify. For instance, you may not remember the exact date you entered the United States, or you might be unsure of the outcome of an old application or interview. FOIA records can fill in these gaps and give you and your attorney the evidence needed to guide your case effectively.

Accessing your immigration records offers more than just paperwork—it also provides peace of mind and a clearer understanding of your legal standing. FOIA requests can confirm details of your immigration history, highlight past filings or government decisions, and show what information is already on file about you. In some cases, they may also reveal criminal or enforcement records tied to your name. Having this information in advance allows your attorney to accurately evaluate what options are available to you.

How FOIA Helps With Immigration Benefits and Removal Defense

FOIA records are often critical in two major areas:

  • Applying for immigration benefits: Reviewing your complete immigration file helps ensure that applications for benefits or relief are accurate and consistent, reducing the risk of mistakes or denials.
  • Defending against removal (deportation) proceedings: Knowing exactly what information the government has allowed your attorney to prepare a stronger defense, correct errors, and identify helpful evidence.

By understanding what the government already knows, you and your attorney can take control of your case and prepare more effectively.

FOIA on wooden blocks and judge's gavel

How To Request Material Under the Freedom of Information Act

Filing a FOIA request is a relatively straightforward process, but it must be done correctly to ensure you receive the records you need. Requests must be made formally in writing and directed to the correct agency. Each agency has its own FOIA office and guidelines for submission.

Although you can file a FOIA request on your own, it is always recommended to work with an immigration attorney to ensure your request is correct. Attorneys know which agencies are most likely to have the records relevant to your case and how to draft a clear and precise request. This prevents unnecessary delays and increases the likelihood of receiving the full information you need.

Contact Cruz Torres Legal Services for FOIA Request Help

At Cruz Torres Legal Services, LLC, we understand how critical it is to have access to your full immigration record. We are experienced in filing FOIA requests and using them to build strong legal strategies. We help clients throughout the United States and abroad identify the right agencies to contact, prepare clear and effective requests, and analyze the records once they arrive. With this knowledge, we can protect your rights and guide you toward the best possible outcome in your immigration case.

You are entitled to have your records under FOIA. If you are unsure about your immigration history, lost important paperwork, or want to make sure your case is built on accurate information, contact us today to learn how a FOIA request can support your future in the United States.