Got FBI prints back......

[H Suarez]

Okay, we got my husband's FBI prints back and it states "No Arrest Record." We knew that already, but shouldn't it have said something about deportations or catch and releases at the border. I tried to search other threads but I keep coming up with nothing, so I'm sorry if this is a duplicated question. We had a FOIA sent by our atty. to NVC about 3 months ago. Will that state anything different? Also, the FOIA from USCIS just came back stating that my husband's case was closed thru them and that it was forwarded to NVC where it was denied. Where else should I file a FOIA, with ICE? We are so unsure about dates and I don't want to lie or tell unsure info if I'm going to fight the decision on our case.

[Adriane]

The FBI fingerprints should list deportations, but it wouldn't list catch & releases. We sent several FOIAs and they all came back with nothing- but at the interview they still knew all about all three of his catch and releases.

[perez782]

Suarez, why were you denied?

[chalakita]

Suarez- Why couldnt you submit a waiver?

[angela256z]

I am starting to think that the FBI fingerprints are a waste of time and money.

You can do an FOIA with the Customs and Border Patrol.

[H Suarez]

My husband was denied because he had more than 1 year illegal presence left and an EWI after that. I will try the FOIA with Customs and Border Patrol. Thanks!!!!

[Lolita]

Hello,

I was reading some other info and found out you can FOIA with the Customs and Border Patrol. How can I request this information?

Lolita

[Laura]

Suarez - if that is really what happened then how are you planning to use the FBI/FOIA information to overturn the decision? If he admitted in the interview to having a year of illegal presence, then leaving and then entering again without inspection, it doesn't matter what their records say, all that matters is that he admitted to it. Am I forgetting something about your case? (Likely)

[H Suarez]

Lolita, you can send a FOIA to the Washingtgon address for CBP. I don't have it on hand, but I can have it tomorrow if you can't find it.

Laurafern, my husband's case has the presence and EWIs that could fall under the shady area of presence before age 18 and April 1997 not counting, I believe a case similar to cokezero. He is unsure of the dates so we are trying to confirm before we try anything else. It is worth looking into for me, so that's why we are doing the FOIAs.

[MendozaQH]

Lolita, you can send a FOIA to the Washingtgon address for CBP. I don't have it on hand, but I can have it tomorrow if you can't find it.

Laurafern, my husband's case has the presence and EWIs that could fall under the shady area of presence before age 18 and April 1997 not counting, I believe a case similar to cokezero. He is unsure of the dates so we are trying to confirm before we try anything else. It is worth looking into for me, so that's why we are doing the FOIAs.

Yeah, but what was written on the DS-230? Because that is what they will go by unless there is a deportation or catch and release that states differently........I don't think there is a way to "see" th ecatch and releases......so far I have only heard of people seeinghteir deportation, nobody seeing their catch and release.....

BTW, there is NO shady area with the unlawful presence counting before April 1997. And only recently has there been a discrepancy for minors (from your timeline it looks like you had your interview in 2006 so it wasn't being interpretted like cokezero's case). The memo is very clear on the 197 issue and the consualte cannot interpret that any differently.

[lalilplebe]

sorry for my ignorance but was is FOIA? BTW suarez in what part of TJ do you live I go by there every 2 weeks. Sorry I wasn't of any help to you

[Lolita]

Suarez,

Sorry I think I started again your case. Thanks all for your help,

Lolita

[H Suarez]

Lolita, no problem here. I want to help if I can. I haven't received my FOIAs back from CBP yet. You didn't reopen anything, I am reopening things because of new information I have found on this forum and in other research.

lalilplebe, The FOIA is the Freedom of Information Act, and per this act you can request information that may be on file for you with an agency. Some places require a special form and others you can simply send a request.

I live in Otay. Do you have family in TJ?

[Pinkpig]

Hello,

I was reading some other info and found out you can FOIA with the Customs and Border Patrol. How can I request this information?

Lolita

Matt74 posted this information towards the end of this thread:

http://immigrate2us.net/forum/showth...highlight=FOIA

For FBI check, you need your husband's fingerprints, a special FBI check coverletter and a money order for $18.

Though to be honest, I don't think it would help much in this case. The information that comes back is very basic. It will state where someone was arrested or charged with a crime but won't go into the details that you want.

If you want details, you have to do a Freedom of Information ACT (FOIA) Request, but that can take up to a year or more. Though I heard that you can do a FOIA request directly to the border patrol which supposedly takes less time. My office is trying the latter, but I haven't yet seen firsthand whether it is truly quicker.

Here is the link for the FBI fingerprint request
http://www.fbi.gov/hq/cjisd/fprequest.htm

Border Patrol Foia site
http://www.cbp.gov/xp/cgov/admin/fl/foia/