I Don’t Know what Immigration
Knows about me! What can I do?
Question: I believe I qualify to
apply for residency at this point. However, I’m unsure what immigration and
other agencies may have on me. I was turned back at the border many years ago,
but do not remember signing anything. Additionally, I had a previous attorney
file some documents for me. However, he is out of business and I’m not sure
what was or was not filed. Is there a way that I can find out was filed?
Answer: There is what is known as
a FOIA which is an acronym for Freedom of Information Request. This is a
procedure whereby you can request information on yourself and within a
reasonable period, the government will send you a copy of your file. For the
most part, you will be able to see what information they have on you.
Thereafter, you will be able to make an informed decision as to what to do.
Question: How do I know which
government agency to send the request for my file?
Answer: Most agencies will have
information on how to send a FOIA request. Here are a few: 1) Executive Office
of Immigration Review (Immigration Courts and Board of Immigration Appeals) FOIA
webpage: http://www.usdoj.gov/eoir/mainfoia.html;
2) USCIS FOIA webpage: http://uscis.gov/graphics/aboutus/foia/index.htm;
3) DHS (Department of Homeland Security) FOIA webpage: http://www.dhs.gov/dhspublic/display?
theme=48; 4) DOS (Department of State) FOIA webpage: http://foia.state.gov/
AboutFOIA.asp and 5) DOL (Department of Labor) FOIA webpage: http://www.dol.gov/ dol/foia/main.htm
Question: What exactly is the law
on FOIA’s?
Answer: A FOIA is in regards to
information the agency has on you. Each agency shall make available to the
public information as follows: (1) Each agency shall separately state and
currently publish in the Federal Register for the guidance of the public— (A)
descriptions of its central and field organization and the established places
at which, the employees (and in the case of a uniformed service, the members)
from whom, and the methods whereby, the public may obtain information, make
submittals or requests, or obtain decisions; (B) statements of the general
course and method by which its functions are channeled and determined,
including the nature and requirements of all formal and informal procedures available;
(C) rules of procedure, descriptions of forms available or the places at which
forms may be obtained, and instructions as to the scope and contents of all
papers, reports, or examinations; (D) substantive rules of general
applicability adopted as authorized by law, and statements of general policy or
interpretations of general applicability formulated and adopted by the agency;
and (E) each amendment, revision, or repeal of the foregoing.
Question: What exactly must the
public agency provide?
Answer: Each agency, in
accordance with published rules, shall make available for public inspection and
copying— (A) final opinions, including concurring and dissenting opinions, as
well as orders, made in the adjudication of cases; (B) those statements of policy
and interpretations which have been adopted by the agency and are not published
in the Federal Register; (C) administrative staff manuals and instructions to
staff that affect a member of the public; (D) copies of all records, regardless
of form or format, which have been released to any person which, because of the
nature of their subject matter, the agency determines have become or are likely
to become the subject of subsequent requests for substantially the same records.
Question: Is it possible to expedite
the request?
Answer: Yes it is under special
circumstances relating to the integrity of the government. However, normally
this procedure takes between one and four months.
Therefore, you should not let the
fact that the government has adverse information on you from finding out
exactly what that information is. It is your right.
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