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Thread: Freedom of Information Act Requests

  1. #21
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    I only sent in the FBI prints for my husband? We sent it in like a month ago. Would it be bad to send in a request for the FOIA even though we already sent the FBI prints first? I am so confused the immigration counsler that helped us did not say one thing about an FOIA?

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    Country: Mexico
    What we are gonna do if we can find a notary after hrs is send an Foia to CBP and USCIS I read somewhere to check both of them cause sometimes their records dont match and also FBI just to cover all bases.
    8/2001:i have a boy
    07/2006:i have a girl
    09/2004:EWI
    11/2004:taken to border returned after 2 mos here
    06/2005: EWI again
    2007:MET!!
    God blessed us with a baby 7/08
    Sept 5.2009: Married!!
    I-130 received at Chicago 2/7/11-text 2/11-
    5/16/2011 Text and site-APPROVED 3mos 1wk 2days!!
    5/20/2011 Paper NOA2 received!
    6/10/2011:first email to NVC 6/28/11: last email to NVC 7/7/11 CASE CLOSED!!
    8/30/11:FIRST INTERVIEW
    10/13/2011: Waiver Appt
    11/14/2011: Emailed medical expedite
    FAILURE IS NOT AN OPTION!
    Never let go of hope. One day you will see that it all has finally come together. What you have always wished for has finally come to be. You will look back and laugh at what has passed and you will ask yourself... 'How did I get through all of that?”

  3. #23
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    no it wouldn't be bad to send in an FOIA. they go to separate places. and, as noted above, a lot of times it's a good idea to do both because sometimes what shows up on one will not be on another. especially most immigration violations, except for deportation, will not be on FBI, but will show up on FOIA for CBP.
    Our Timeline

    umm....not really sure what else to put here. i guess we'll count down to citizenship! woohoo!



  4. #24
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    SAMPLE FREEDOM OF INFORMATION ACT REQUEST LETTER

    A sample FOIA request letter is shown below. Keep a copy of your request. You may need to refer to it in further correspondence with the agency.

    Date

    Agency FOIA Officer
    Name of agency or agency component
    Address (see discussion on page 3 on whom to contact)

    Dear __________________:

    Under the Freedom of Information Act, 5 U.S.C. subsection 552, I am requesting access to [identify the records as clearly and specifically as possible].

    If there are any fees for searching for or copying the records, please let me know before you work on my request. [Or, please supply the records without informing me of the cost if the fees do not exceed $_____________ which I agree to pay.]

    If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law.

    Optional: If you have any questions about handling this request, you may telephone me at _________(home phone) or at _____________(office phone).

    Sincerely,

    Name
    Address
    Enclosure (proof of identity)
    Anyone have insight to DOJ (immigration court) FOIA requests?
    Last edited by Tropical; 08-02-2010 at 06:58 PM.
    Timeline:
    08/2003 - Hubs EWI from El Salvador
    08/08/08 - Married in NYC
    11/22/11 - Visa Interview
    04/16/12 - Expedite request submiited, approved 2 days later
    05/17/12 - Waiver approved!!! (6 months)
    05/27/12 - Stepped in the US as LPR
    02/27/15 - Eligible for citizenship
    **Be joyful in hope, patient in affliction, faithful in prayer. Romans 12:12**


    Getting started - Process overview*Selective Service applies to male immigrants*FOIA request
    Useful links - Lockbox filing timelines* User Recommended Attorneys*Guide for NVC* TPS AOS after Advanced Parole
    I-601-Resources for Proving Extreme Hardship*How to Assemble I-601 packet*Sources of evidence
    Hablo Español*New Years 2013 Challenge*El Salvador Interviews Log
    **Nothing I say should be considered legal advice. Consult with an experienced attorney regarding your specific case.**




  5. #25
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    Country: United States
    EOIR FOIA request:

    Records are disclosed upon receipt of a written request (preferable accompanied with a completed form DOJ-361). Requests should thoroughly describe the records sought and include identifying information such as full name and alien registration number (if known). If the "A" number is not known or the case occured before 1988, please give date of Order to Show Cause, country of origin, and the location of the immigration hearing. To file a FOIA request, send a letter to:

    Office of the General Counsel
    Attn: FOIA Service Center
    Executive Office for Immigration Review
    5107 Leesburg Pike, Suite 2600
    Falls Church, VA 22041

    The letter should be on letterhead and be signed.

    Wonder if you can also send in the G639 for this?

    Edit: I guess not

    EXECUTIVE OFFICE FOR IMMIGRATION REVIEW -- Requests for Executive Office for Immigration Review records should be addressed to:

    Office of the General Counsel
    Attn: FOIA Service Center
    Executive Office for Immigration Review
    Department of Justice
    Suite 2600, 5107 Leesburg Pike
    Falls Church, VA 22041
    (703) 605-1297

    The Executive Office for Immigration Review (EOIR) is responsible for the administrative adjudication and interpretation of the immigration laws, including provisions of the Immigration and Nationality Act. EOIR includes the Board of Immigration Appeals (BIA), the Office of the Chief Immigration Judge (OCIJ), and the Office of the Chief Administrative Hearing Officer (OCAHO). The BIA is a quasi-judicial body which hears appeals of decisions rendered by Immigration Judges and certain officers of the Department of Homeland Security. Records of proceedings (ROPs) are maintained at the BIA while cases are pending. Upon completion of the proceeding at the BIA, the ROPs are returned to the Immigration Courts. OCIJ oversees the work of the Immigration Courts, which maintain records of cases brought before them involving removal proceedings and related matters. OCAHO's administrative law judge hears cases related to the employer sanction, immigration-related anti-discrimination, and immigration related document fraud provisions of law. A copy of the official OCAHO case files may be obtained through the FOIA Requester Service Center. EOIR also maintains various administrative records.

    Special information required: For aliens, "A" number. Please do not submit requests on DHS Form G-639.

    FOIA Requester Service Center: telephone number (703) 605-1297; FOIA Public Liaison: Crystal Souza, telephone number (703) 605-1297.

    Publicly available information: Published decisions by the BIA and OCAHO Policy Statements, Staff Manuals and Instructions to Staff, Index of Frequently Requested FOIA-Processed Records. Other types of public information are available on EOIR's website at www.justice.gov/eoir.

    Reading room location: BIA Law Library, Suite 1200, 5201 Leesburg Pike, Falls Church, VA 22041.

    Multi-track processing: Three tracks: (1) simple, (2) complex, (3) expedited.
    Last edited by Tropical; 08-02-2010 at 07:11 PM.
    Timeline:
    08/2003 - Hubs EWI from El Salvador
    08/08/08 - Married in NYC
    11/22/11 - Visa Interview
    04/16/12 - Expedite request submiited, approved 2 days later
    05/17/12 - Waiver approved!!! (6 months)
    05/27/12 - Stepped in the US as LPR
    02/27/15 - Eligible for citizenship
    **Be joyful in hope, patient in affliction, faithful in prayer. Romans 12:12**


    Getting started - Process overview*Selective Service applies to male immigrants*FOIA request
    Useful links - Lockbox filing timelines* User Recommended Attorneys*Guide for NVC* TPS AOS after Advanced Parole
    I-601-Resources for Proving Extreme Hardship*How to Assemble I-601 packet*Sources of evidence
    Hablo Español*New Years 2013 Challenge*El Salvador Interviews Log
    **Nothing I say should be considered legal advice. Consult with an experienced attorney regarding your specific case.**




  6. #26
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    FYI:
    EOIR FOIA request mailed - 08/09/10 received - 09/02/10
    Timeline:
    08/2003 - Hubs EWI from El Salvador
    08/08/08 - Married in NYC
    11/22/11 - Visa Interview
    04/16/12 - Expedite request submiited, approved 2 days later
    05/17/12 - Waiver approved!!! (6 months)
    05/27/12 - Stepped in the US as LPR
    02/27/15 - Eligible for citizenship
    **Be joyful in hope, patient in affliction, faithful in prayer. Romans 12:12**


    Getting started - Process overview*Selective Service applies to male immigrants*FOIA request
    Useful links - Lockbox filing timelines* User Recommended Attorneys*Guide for NVC* TPS AOS after Advanced Parole
    I-601-Resources for Proving Extreme Hardship*How to Assemble I-601 packet*Sources of evidence
    Hablo Español*New Years 2013 Challenge*El Salvador Interviews Log
    **Nothing I say should be considered legal advice. Consult with an experienced attorney regarding your specific case.**




  7. #27
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    so how many different FOIA requests are there? i submitted a FOIA to CBP for my boyfriend, and it came back clean. we're looking to file an appeal, but i have no idea what i need to send back. he was stopped twice and fingerprinted in Douglas, AZ when crossing over from Mexico, so we want to see if it's on his record. is a FOIA to EOIR something separate? also, if anyone knows what i would need to send back for the appeal i would greatly appreciate any advice! thank you
    el amor no conoce fronteras. CTP

    Timeline
    mi rey EWI from MX 01/2003
    DUI 12/24/2004
    met Cesarin 6/5/2005
    Filed CBP FOIA 4/2010 - no record of fingerprints @ border
    FBI background check submitted 11/2010 - also no record of fingerprints at border
    Civil Wedding 06/29/2012

    Religious Ceremony & Reception 12/01/2012
    Hired Laura Fernandez Jan. 2013, woohoo!

    I-130 Filed! Priority date per UCIS: 3/26/2013

  8. #28
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    Im sorry to ask this question but what does foia mean?

  9. #29
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    Freedom of Information Act
    Please post your immigration questions on the forum, not in a private message. Always consult an experienced lawyer before filing.
    *If you believe you or someone on your behalf checked the "US Citizen" box on an employment document, please do not send a private message. Talk to a trusted lawyer about what could happen. *
    Getting StartedGetting Legal Status for Your Loved OneWaiver Eligibility
    Recommended Lawyers Visa BulletinHelp from Elected OfficialsTranslations

    Consular ProcessKnow before filingSpouse/Fiance Petition Petition Processing TimesNVC Stage Medical/InterviewI-601 WaiverAfter Approval
    Other Routes Adjustment of Status in the US Direct Consular Filing

    Living Outside the USLife in MexicoMoving to Canada Moving to Other Countries

    Officially banned for life w/no waiver (6cii)- but we don't give up! Read our story
    Lawyers I've worked with and highly recommend: Laurel Scott Laura Fernandez Lizz Cannon






  10. #30
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    Ok I am a little confused as to what exactly I need to send in for my hubby. We are going to get ready to fill out the I-130 but I am not sure if I should wait for the results of this or not? Here is a little background. He is from ES and came over in 2001 he was caught crossing border and he used a Mexican ID so that he would not be sent all the way back to ES. When he was caught he said that he was fingerprinted, picture taken and then released. He was not given any papers to return and he didn't see a judge. He of course does not remember the name he used. He said they spent about four hours there and then he turned right back around and crossed over sucessfully and has been here ever since. We are hoping it was just a catch and release but we want to be for sure. Thanks for your help.
    Husband EWI 02
    Started Dating 06
    Married on 09-19-09
    Sent FOIA/Fingerprints 1-2011
    FOIA results came back clean! 11-2011



    ReMeMbEr To Be StRoNg & KeEp GoD iN yOuR hEaRt.



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