Freedom of Information Act Requests

[Alma]

Hello

My alien Fiance does not have all of his records intact so we would like to file FOIA requests so that we can get all of his records prior to DS-230 packet & interview.

We need a history of his entries into and out of the USA, ICE detention and subsequent deportation process.

Does anyone have experience with this?

Laurel Scott notes on her website that they offer the following services:
FOAI with CBP (Customs and Border Patrol)
FBI Fingerprint check

Should I infer that these are all that are required or should we also file a FOIA request with the ICE / USCIS ?

This is confusing as there are so many governmental agencies involved.

In addition, some of these agencies note that the FOIA is available to USC and LPR. If this is the case, does this mean that my alien fiance is not able to access his records?

Many thanks.

[RubenO]

I ordered my FOIA and it took 10 months to come back. My FBI fingerprint check came back in 6 weeks. I would file it the way Laurel suggests. Good Luck!

[Alma]

Thanks RubenO, that must have been an agonizing wait!
Are you a USC or LRP? I would like to know if they issue this information to "aliens".

[pinkchica]

Alma, this year I did an FOIA through CBP (customs and Border Protection). It only took 2 months. You only need to request an FOIA from this agency for the info you are looking for.

It is very simple and you definitely don't need a lawyer to request. You write a letter, saying exactly what you are looking for, and give all your fiance's personal info.

Here is the lnk that gives the address, phone number and details of what you need to do: http://www.cbp.gov/xp/cgov/admin/fl/...ence_guide.xml

Here is a little section from that page:

Follow these steps to make a request:

The request must be in writing, including a daytime phone number so that we may contact you.
Include your email address so that we may most promptly and efficiently provide you with your acknowledgment letter and FOIA response via email.
Provide as much information as possible on the subject matter; this will help expedite the search process.

Please forward all new FOIA requests to the following address:

U.S. Customs and Border Protection
FOIA Division
799 9th Street NW, Mint Annex
Washington, DC 20229-1181
(address updated 4-8-11 thanks to Sandi Smith)


The phone number for the FOIA office is (202) 325-0150.


Here is what I wrote for my husband, so you can get an idea of what it should like like. The formatting is off beacuse I did it in Microsoft Word, but you can see the idea. I used the FBI cover letter request to make mine. They will just send you a letter saying they got your letter and there will be an FOIA form that you need to fill out, sign, and mail back.


07/18/2008


U.S. Customs and Border Protection
FOIA Division
799 9th Street NW, Mint Annex
Washington, DC 20229-1181


Requestor Name: FULL NAME



Requestor Address: # STREET
CITY, STATE, ZIP


I, FULL NAME, am making a FOIA request for my personal records. I
would like to know:

1. Was I caught crossing the border in January 2001?

2. If so, what town was I caught in each time?

3. Were my fingerprints taken? If so, how many times?

4. Does the U.S. Customs and Border Protection have any other
information/records about me? If so, what is it?


I need this request expedited.

Date Required: 8/04/2008 Reason: Immigration Deadline



If you have any further questions, please contact me at:

Telephone: 000-000-0000 Email: EMAIL



Sincerely,




FULL NAME
DATE OF BIRTH
ADDRESS

[Tropical]

Likewise, files relating to another person regarding a matter that would invade that person's privacy ordinarily will not be disclosed. For example, if you seek information that would show that someone else (including even your spouse or another member of your immediate family) has ever been the subject of a criminal investigation - or even was mentioned in a criminal file - you will be requested to provide either: (1) a statement by that other person authorizing the release of the information to you which has been signed by that person and either was witnessed by a notary or includes a declaration made under penalty of perjury (using the language quoted in the preceding paragraph), or (2) evidence that the subject of your request is deceased, such as a death certificate, a newspaper obituary, or some comparable proof of death. Without proof of death or the subject's consent, in almost all cases offices of CBP will respond to a request made for information concerning another person's role in a law enforcement matter by advising that it will "neither confirm nor deny" the existence of responsive records. Such law enforcement information about a living person is released without that person's consent only when no privacy interest would be invaded by disclosing the information, when the information is already public or required to be made public, or when there is such a strong public interest in the disclosure that it overrides the individual's privacy interest.

So does immigration court count as this and I cant retrieve it for my father?

[mexicaliano]

I've been tring to get this info all week, and no one answered me. So THANKYOU PinkChica !! I'm in the same situation as you Alma.

[pinkchica]

hey no prob hehe....that was an old post but glad it helped you...

tropical, when I requested my husband's papers, I had him sign it and the letter written as it was frm him...even though I actually wrote it and mailed it off....if I remember correctly, I had to mail it to him to sign and he mailed it back to me

[Tropical]

http://www.uscis.gov/files/form/g-639.pdf

Is this form for the same thing?

[Markolfa]

I just stumbled across this thread and I personally want to THANK YOU for this. Wow, this is great! My friend just asked me yesterday about how to get a FOIA report and the FBI report as well. Thanks!

[Tropical]

tropical: For a FOIA request is form G639 required or just mail in a letter with information about requestor? or both?
Laurel: For a FOIA with CIS, you use form G-639. For CBP, you write a letter, but there's a format that needs to be followed.

Now to figure which one you want - what does CIS provide and what does CBP provide?