Who needs to see their immigration file first
Many people have a long history with immigration and only a vague memory of it. Papers get lost. A past lawyer or notario filed something and never explained it. A border stop happened years ago. Before you file a new application, you need to know exactly what is already in the system.
- You were stopped at the border or at an airport and are not sure what was recorded.
- You went to immigration court years ago and do not know if there is an order against you.
- Someone filed an application for you in the past and you never saw a copy or a decision.
- You are about to apply for a green card, a waiver, or citizenship and have a complicated history.
- You are getting a second opinion and your old file is incomplete or your previous lawyer will not share it.
How a FOIA immigration records request works
The Freedom of Information Act (FOIA) is a federal law that lets you request records the government keeps about you. In immigration, the records are spread across several agencies, and each one has its own request process. Part of our job is knowing which agency to ask and what to ask for.
Here is where the records live and how we request them:
- USCIS: holds your A-file (alien file), the main folder with every application, petition, interview note, and decision tied to your A-number. Requested with Form G-639 or through the USCIS online FOIA system.
- ICE (Immigration and Customs Enforcement): holds detention records, check-in history, and enforcement notes. Requested through the ICE FOIA office.
- CBP (Customs and Border Protection): holds records of entries, exits, border stops, expedited removals, and inspections at airports. Requested through the CBP FOIA portal.
- EOIR (the immigration court system): holds your Record of Proceedings, including hearing notices, filings, transcripts, and any order a judge signed. Requested directly from EOIR rather than through FOIA in many cases.
What USG Law Group does with your records
We do not just file the request and hand you a stack of pages. We read the file as lawyers and translate it into a plain-language picture of where you stand.
- Decide which agencies to request from based on your history, so nothing important is missed.
- Prepare and submit the requests with the right identity documents and signed consent, and track them until the records arrive.
- Review every page: prior applications, sworn statements, entries and exits, removal orders, and any finding of fraud or misrepresentation.
- Explain in English or Spanish what the file shows and what it means for the case you want to file.
- Build the plan around the real record: adjustment of status, a waiver, a motion to reopen, naturalization, or sometimes waiting until the time is right.
Why filing without your records can go wrong
Immigration forms ask whether you have ever been ordered removed, ever been denied a visa, ever made a false claim, and more. If you answer from memory and the file says something different, the government may treat the mismatch as a misrepresentation. That can be harder to fix than the original problem.
We have also seen people discover, only at an interview, that an old order of removal exists, or that a previous lawyer filed an application they never knew about. In some situations an application can even trigger enforcement action. Knowing first lets us choose the safest path, or advise you not to file at all for now.
One honest note: FOIA requests take time, and the response is sometimes incomplete or heavily redacted. When part of a file is missing, we follow up, appeal when appropriate, and use other sources such as court dockets and your own documents to fill the gaps.
Why clients across Northern Virginia, Maryland and DC start here
Clients tell us they value that we explain everything in detail, and the record review is where that starts. Attorney Marianela Uribe is licensed in Maryland and Virginia and serves clients in Washington DC. She reads every file herself before recommending a path, and she explains it in plain English or Spanish.
You can send documents by email and meet by phone, Zoom, or in person at our Woodbridge office near Potomac Mills, with evening and Saturday appointments. The first consultation is free, and payment plans are available. If you already know your situation is complicated, see our Second Opinions, Deportation Defense, and Immigration Waivers pages for what usually comes next.
