When an attorney or an individual wants to know all the information the government has about their immigration history, the first step is always to request a FOIA.

FOIA stands for Freedom of Information Act, a federal law that gives anyone the right to request records from the U.S. government.
In the context of immigration, FOIA is an essential tool to understand your legal situation and properly plan your case.

What Information Can You Get with a FOIA?

Through a FOIA request, you can access the documents and records that the government keeps about you across different agencies, such as:

• USCIS (U.S. Citizenship and Immigration Services)
• ICE (Immigration and Customs Enforcement)
• CBP (Customs and Border Protection)
• EOIR (Executive Office for Immigration Review – Immigration Court)

A FOIA may include information such as:

• Past or pending deportation orders.
• Previous applications for asylum, residence, or waivers.
• Records of your entries and exits from the U.S.
• Copies of forms and official decisions.
• Notes or comments made by immigration officers.

Why Is FOIA So Important?

Many immigrants don’t realize that they may have old deportation orders or prior immigration records that could affect new applications.
A FOIA request allows you to see all that information before filing a new case, helping you avoid costly mistakes or denials.

At Eagan Immigration, we always request a FOIA before moving forward with a complex case because it:

• Reveals whether there is an active deportation order.
• Helps determine if someone is eligible for immigration benefits (like VAWA, asylum, U visa, or adjustment of status).
• Prevents surprises or inconsistencies during the legal process.
• Serves as key evidence when preparing strategies or appeals.

How Do You Request a FOIA?

You can request a FOIA on your own or with the help of an immigration attorney. Depending on the agency, the process can take anywhere from a few weeks to several months.

You have two options:

🔹 Online:
You can submit your request directly through the official Department of Homeland Security (DHS) portal:
👉 https://www.dhs.gov/foia

There, you can select the appropriate agency (USCIS, ICE, CBP, etc.) and upload your documents digitally.

🔹 By mail:
If you prefer to do it by mail, you can send your completed form or letter to the address of the corresponding office (for example, the FOIA/USCIS office).

Once submitted, you’ll receive a case number to track the status of your request.

How Can FOIA Help Your Immigration Case?

A FOIA doesn’t just show your history — it can also reveal new opportunities. For example:

• If you were a victim of abuse or violence, FOIA records may help prove eligibility for VAWA or a U Visa.
• If you were detained by ICE or entered the U.S. without inspection, a FOIA can confirm what type of entry you had, which is crucial for adjusting status.
• If you’ve lost your paperwork, FOIA can help you recover official copies of your past applications.

In short, FOIA is like a full X-ray of your immigration history. With that information, your attorney can plan your case with clarity and strategy.

Requesting a FOIA is one of the most important steps before filing any immigration case.
Knowing what the government knows about you can make the difference between an approved or denied application.

If you’re not sure what your complete immigration history looks like, Eagan Immigration can help you request your FOIA and carefully review your records to find the best legal options for your situation.

📞 Call us at 202-709-6439 for a free case evaluation.
⚖️ This content is for informational purposes only and does not constitute legal advice.